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18 October 2013
Issue: 7580 / Categories: Features , Civil way
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Civil way: 18 October 2013

  • Workplace blow
  • It's the court fee that counts
  • New PI guidelines
  • Court counters closed for breakfast & tea

CLAIMS INJURED

Industrial relations will deteriorate once canteen parlance moves on to s 69 of the Enterprise and Regulatory Reform Act 2013. It was brought into force against the wishes of the House of Lords and, no doubt, most claimant practitioners on 1 October 2013 under the Act’s third commencement order (SI 2013/2227). So what’s so enterprising about s 69 then? Far from offering organic cream as an alternative to custard with the lunch pudding course, it amends the Health and Safety at Work etc Act 1974 by scrapping the right of action for breach of duty on the strength of failing to comply with a health and safety regulation unless the regulation specifically provides for such right. This will apply whether the regulation imposed strict liability or not. Criminal liability is unaffected. The repeal only catches causes of action which arose on or after the operative date.

The effect of this monumental shift is that the claimant will

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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 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
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