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25 October 2018 / Athelstane Aamodt
Issue: 7814 / Categories: Features
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Food for thought

Following the latest case with cake at the core, Athelstane Aamodt takes a culinary journey through a few more legal pickles

The judgment in the ‘gay cake’ case of Lee v Ashers Baking Company Ltd [2018] UKSC 49, [2018] All ER (D) 43 (Oct) has provoked a great deal of discussion. The conclusion that the Supreme Court reached—that there was a difference between the message on the cake and the protected characteristic of the person requesting that message—has been hailed by many as a victory for the freedom of ideas and expression, and by others as a defeat for equal rights.

Food, it seems, is often at the heart of important cases; while the judgment in Lee was being prepared, the Supreme Court of the United States handed down judgment in another ‘gay cake’ case, Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission , 138 S Ct 1719. The facts of the US case are different, but the conclusion, to quote Lady Hale, ‘… that there is a clear distinction between refusing to produce a cake conveying a

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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’
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
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