THIS ISSUE
Former district judge Stephen Gold covers the legal issues and remedies where a lawyer makes a harmless error, in this week’s NLJ. Gold notes the court’s view, in the particular case mentioned, that ‘the court should not punish a party for the harmless error of its legal representatives’.
Can the Law Commission’s consultation finally deliver radical reforms 30 years in the making? Martin Rackstraw weighs up the issues at hand
Whiplash mini-rise; discrimination bands up; apologies OK; wrong defendant blues; non-binary name change.
Dr Chris Pamplin explores evidence of fact among ‘the tangled thicket’ of expert evidence
Like the elephant in the famous parable, trade mark dilution isn’t easily determined, writes Mark Engelman
Disputes over pets during divorce are on the rise. In this week’s NLJ, Shivi Rajput, partner at Stowe Family Law, looks at recent developments in the law.
Is it possible to own a freehold or leasehold estate in a tree? Mark Pawlowski digs deep
Planned cuts to the Civil Service risk adding further pressure to a public court system already at breaking point: Mark Jones & Alex Curran report on the deepening crisis
Experts can give evidence that is then considered factual rather than expert evidence within CPR 35. In this week’s NLJ, Dr Chris Pamplin, editor of the UK Register of Expert Witnesses, explores the fine line between evidence of fact and expert opinion.
The wrongful convictions of innocent sub-postmasters and of Andrew Malkinson, who was also entirely innocent, are shocking. The appeals system has been in need of ‘radical overhaul’ for decades, Martin Rackstraw, criminal partner at Russell-Cooke, writes in this week’s NLJ.
MOVERS & SHAKERS
Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson
Firm awards training contracts to paralegals through internal programme
Ward Hadaway—Matthew Morton
Private client disputes specialist joins commercial litigation team
Thomson Hayton Winkley—Nina Hood
Cumbria firm appoints new head of residential property
NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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