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13 August 2021
Issue: 7945 / Categories: Case law , In Court , Law digest
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Law digests: 13 August 2021

Child

R (on the application of A) v Secretary of State for the Home Department [2021] UKSC 37, [2021] All ER (D) 115 (Jul)

The appellant failed in its challenge to the Child Sex Offender Disclosure Scheme Guidance (the Guidance), as amended in 2012, issued by the Secretary of State in exercise of her common law powers. In dismissing the appeal, the Supreme Court held, among other things, that: (i) assessed by reference to the test in Gillick v West Norfolk and Wisbech Area Health Authority [1985] 3 All ER 402, the Guidance (in the version in issue in the proceedings) was clearly lawful; and (ii) the Guidance was ‘in accordance with the law’ within the meaning of art 8(2) of the European Convention on Human Rights: a police force which sought to comply with its legal duties under the European Court of Human Rights and the domestic courts, as the Guidance encouraged it to do, would act ‘in accordance with the law’ for the purposes of art 8(2) of the Convention.


Costs

CPRE

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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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