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10 March 2021
Issue: 7924 / Categories: Case law , In Court , Law digest
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Law digests: 12 March 2021

Civil procedure

A v XY Ltd [2021] CSOH 21, 2021 Scot (D) 28/2

In an action in which the pursuer, who claimed that she was raped when she was aged 13 by a male teacher in charge of a school camping trip, sought £1.5m compensation from the defender, which owned and managed the school, in which the defender contended as a preliminary point that the court, applying s 17D(3) of the Prescription and Limitation (Scotland) Act 1973, should refuse to allow the action to proceed because it would suffer substantial prejudice and that prejudice outweighed the pursuer’s interest, the court held that the defender had established that it would be substantially prejudiced if the action proceeded, however the pursuer’s interest outweighed the substantial prejudice to the defender; in the balancing exercise the scales tipped decisively in favour of the pursuer and accordingly the court allowed the action to continue.


Divorce

Ratcliffe v Ratcliffe [2021] EWCA Civ 247, [2021] All ER (D) 06 (Mar)

In allowing the appellant husband’s appeal,

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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’

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

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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