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14 May 2021 / Stephen Gold
Issue: 7932 / Categories: Features , Procedure & practice , Civil way
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Civil way: 14 May 2021

Late L&T notice change; appeal route in finance cases; case management disorder; on-road removal unlawful; summary judgment beats default.

NOTICE SURPRISE

The assured tenancy notice seeking possession in England in Form 3 has been amended as many times as the size of my jacket. The latest amendment is down to the Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England) Regulations 2021, SI 2021/518, and, despite their worthiness, they will be unwelcome to landlords who have just served in blissful ignorance and prefer not to be kicked when they are down. The regulations came into force on 4 May 2021 (which was a meagre six days after they were made) and are devoted to the debt respite moratoria which apply as from the same date (see ‘Civil way’, 170 NLJ 7914, p16; NLJ 26 February 2021, p14) and have hardly been an overnight sensation. The amendment is by way of inclusion of new guidance that the form should not be served in relation to a moratorium

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NEWS
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’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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
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