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THIS ISSUE
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Issue: Vol 163, Issue 7548

12 February 2013
IN THIS ISSUE

Roger Smith considers courts & constitutions

Craig Rose applauds the sensitive approach taken to settle AI v MT

Ian Smith considers apportioning liability between respondents & the correct approach to Polkey

Geraldine Morris examines the issues of occupation rent & equitable accounting in cohabitant cases

Kari S Carstairs & Nicholas Tubb explore the implications of a proposed new diagnosis of a pathological grief reaction for PI claims

Nicholas Bevan explains why national law shouldn’t be permitted to undermine the effectiveness of Community law

Tenants should beware of outstanding rent reviews & any potential liability, as Ruby Dalal & Malcolm Dowden explain

Julian Copeman investigates the impact of the Prudential case on legal advice privilege

Manchester Ship Canal Company Ltd and another v United Utilities Water plc [2013] EWCA Civ 40, [2013] All ER (D) 72 (Feb)

Lehman Brothers Bankhaus AG I. Ins v CMA CGM [2013] EWHC 171 (Comm), [2013] All ER (D) 68 (Feb)

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Results

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’

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

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’
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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