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THIS ISSUE
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Issue: Vol 161, Issue 7453

17 February 2011
IN THIS ISSUE

Will writing, conveyancing and immigration services should become reserved legal activities, according to a legal think tank.

Simon Butler & Catherine Urquhart report on a novel duty of care

To defend the Human Rights Act 1998 (HRA 1998) it is necessary to counter the falsehoods and distortions of those who misrepresent it...

Chris Bryden & Michael Salter revisit a familiar theme

Has the pre-Forcelux approach been restored, asks Elizabeth Morrison

Geraldine Morris reflects on an EU pension divide

There has been considerable concern both at home and in the US about the justice secretary’s decision to delay the implementation of the much-awaited Bribery Act 2010

Jackson LJ’s plans for CFAs could have unlawful impact

Ian Smith confronts a rare beast of statutory provision

The Ministry of Justice’s legal aid cuts could end up costing the taxpayer more than they save, a “forensic” Bar Council investigation has shown.

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
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
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