THIS ISSUE

Issue: Vol 162, Issue 7506

22 March 2012

IN THIS ISSUE

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R (on the application of FDA and others) v Secretary of State for Work and Pensions and another [2012] EWCA Civ 332, [2012] All ER (D) 139 (Mar)

Should customers be king in the post-LSA legal landscape, asks Jon Robins

Alexandra Marks provides inspiration & advice for would-be judges

John McMullen tackles TUPE’s “gold-plated” SPC rules

Karen O’Sullivan considers limitation & the impact of delay

David Burrows notes the complexities that surround the severance of joint tenancy

Edward Peters & Tamsin Cox lay out the issues surrounding the resurrection of a landlord & tenant riddle

The heat is on for organisations & individuals who do not pay heed to fire safety precautions, notes Gerard Forlin QC

David Hertzell & Colin Moore examine the potential benefits & pitfalls of the Common European Sales Law

In the first article in a special NLJ costs series, William Gibson reports on “safe” retainers & firefighting

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MOVERS & SHAKERS

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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

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS

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NLJ this week: Neutral counsel in a polarised age

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’

NLJ this week: Short lets & sharp covenants

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

NLJ this week: Justice at the algorithm’s edge

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

NLJ this week: When ‘milk’ really means milk

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

NLJ this week: Civil practice with claws & caution

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

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Issue: Vol 162, Issue 7506

MOVERS & SHAKERS

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

Asserson—Michael Francos-Downs

McCarthy Denning—Harvey Knight & Martin Sandler