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21 October 2010 / Clare Renton
Issue: 7438 / Categories: Features , EU , Family
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International affairs

In the first of a regular series of updates, Clare Renton provides an overview of the most influential international & EU cases of 2010

The growth in number of international families and the consequent family law problems are not the preserve of the rich or famous. The clients whose cases were reported in 2010 could have presented in the office of any family lawyer. Often their problems require urgent action, but in the knowledge that an error of judgment or action taken with insufficient focus on discretion, as opposed to valour, could cause mayhem.    

M v V [2010] EWHC 1453 (Fam), [2010] All ER (D) 216 (Jun)

Brussels 1 Council Regulation 44/2001/EC, Art 23; Children Act 1989, Sch 1

The parties Algerian father and French mother agreed that that they would not seek maintenance in England. They agreed maintenance and all matters in France and embodied their agreement in a French court order. They included by agreement an exclusive jurisdiction clause in the agreement under the Brussels 1 Council Regulation 44/2001/EC,

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MOVERS & SHAKERS

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

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
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
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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