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10 February 2021
Issue: 7920 / Categories: Case law , In Court , Law digest
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Law digests: 12 February 2021

Damages

Rees v Metropolitan Police Commissioner [2021] EWCA Civ 49, [2021] All ER (D) 81 (Jan)

In dismissing the appellant’s appeal, the Court of Appeal, Civil Division, found that amount of £155,000 in damages that the Queen’s Bench Division had awarded to the appellant for the respondent Metropolitan Police Commissioner’s (the Commissioner) malicious prosecution and misfeasance in public office had been within the range of awards reasonably open to it, and therefore the damages award had not been too low as the appellant had contended. The court also dismissed the Commissioner’s cross-appeal against the exemplary damages awarded to the appellant, and found that both the decision to award exemplary damages to the appellant, and the amount of exemplary damages that had been awarded, had been justified.


Environment

Wild Justice v Natural Resources Wales (National Farmers’ Union intervening) [2021] EWHC 35 (Admin), [2021] All ER (D) 88 (Jan)

Conservation of natural habitats and of wild fauna and flora. The claimant organisation, which promoted natural conservation, failed in its challenge to the licences

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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 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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