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21 January 2022
Issue: 7963 / Categories: Case law , In Court , Law digest
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Law digests: 21 January 2022

Conflict of laws

‘Maduro Board’ of the Central Bank of Venezuela v ‘Guaidó Board’ of the ­Central Bank of Venezuela [2021] UKSC 57, [2021] All ER (D) 72 (Dec)

The Supreme Court allowed the appellant’s appeal in part and dismissed the counter-appeal in proceedings concerning the effect of the disputed presidency of Venezuela. The respondent board favoured the previous president (M), while the appellant board favoured the interim president (G). Both sides claimed to act on behalf of the Central Bank of Venezuela, with regard to gold reserves held in the UK. The court held that declarations would be made that the UK Government (HMG) had, since 4 February 2019, recognised G as the constitutional interim President of Venezuela until credible presidential elections could be held. HMG had, since 4 February 2019, not recognised M as President of Venezuela for any purpose. Further, the proceedings would be remitted to the Commercial Court for it to consider whether the judgments of the Venezuelan Supreme Tribunal of Justice should be recognised or given effect

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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
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
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’
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