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12 August 2020
Issue: 7899 / Categories: Case law , In Court , Law digest
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Law digests: 14 August 2020

Contract

AerCap Ireland Ltd and others v Hainan Airlines Holding Co Ltd [2020] EWHC 2025 (Comm), [2020] All ER (D) 160 (Jul)

The claimant company’s application for summary judgment succeeded, in a dispute concerning an alleged failure to pay rent and contractual interest in relation to six aircraft lease agreements for aircraft. The Commercial Court held that the claimant had been entitled to advance the claim for summary judgment and, subject to verifying the points in relation to all of the leases, it was entitled to that summary judgment.


Family proceedings

Re KN (a child) (Article 15 transfer) MK v A local authority and others [2020] EWCA Civ 1002, [2020] All ER (D) 165 (Jul)

In care proceedings, ongoing for two years, regarding a 13 year old boy, K, with severe mental health problems, the Court of Appeal, Civil Division, held that an order for a request under Art 15 of Regulation (EC) 2201/2003 (Art 15) for a transfer of the proceedings to France should not have been made. First, proper

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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 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’
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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