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THIS ISSUE
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Issue: Vol 160, Issue 7411 & 7412

01 April 2010
IN THIS ISSUE

R (on the application of Oxfordshire and Buckinghamshire Mental Health NHS Foundation Trust and another) v Oxfordshire County Council [2010] EWHC 530 (Admin), [2010] All ER (D) 249 (Mar)

Connor v Surrey County Council [2010] EWCA Civ 286, [2010] All ER (D) 233 (Mar)

R (on the application of JM) v Hammersmith and Fulham London Borough Council and another; R (on the application of Hertfordshire County Council) v Hammersmith and Fulham London Borough Council [2010] EWHC 562 (Admin), [2010] All ER (D) 218 (Mar)

R (on the application of Hillingdon London Borough Council and others) v Secretary of State for Transport (Transport for London, interested party) [2010] EWHC 626 (Admin), [2010] All ER (D) 253 (Mar)

So far the public debate about the legality of the Iraq war has been dominated by a single issue: did the lack of a further UN Security Council resolution make it illegal?

I was infected with the litigation “bug” well over 40 years ago and have watched in fascination from both sides of the Bench as advocacy styles have changed. Yet one skill endures—the art of persuasion.

Charles Pigott illustrates the potential reach of the test for vicarious liability

David Burrows unravels the complexities of solicitors’ retainer contracts

The government should heed advice to reduce terrorism detention, Ali Naseem Bajwa & Beth O’Reilly

An appropriate briefing is key to untangling release fee damages, says Andrew Francis

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MOVERS & SHAKERS

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
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