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30 July 2021
Issue: 7943 / Categories: Case law , In Court , Law digest
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Law digests: 30 July 2021

Administration of estates

Pall Mall 3 Ltd v Network Rail and another [2021] EWHC 1835 (Ch), [2021] All ER (D) 72 (Jul)

The Chancery Division considered whether dominant land with the benefit of an established easement of drainage would lose an easement upon escheat occurring on disclaimer of the freehold title. The court held that the fee simple estate in issue came to an end on escheat, but the land registered under that title did not, and neither did the derivative interests. The easement of drainage had remained attached to the land.


Family proceedings

A v A (arbitration: guidance) [2021] EWHC 1889 (Fam), [2021] All ER (D) 54 (Jul)

In the course of the wife’s application, following the party’s divorce, for the husband to show cause as to why he should not be held to the terms of an arbitration award, and following the husband’s application to challenge the award pursuant s 68 of the Arbitration Act 1996, the Family Division, in dismissing the husband’s application, held that the

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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
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
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