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21 May 2021
Issue: 7933 / Categories: Case law , In Court , Law digest
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Law digests: 21 May 2021

Costs

Re Good Law Project Ltd v Minister for the Cabinet Office [2021] EWHC 1083 (TCC), [2021] All ER (D) 24 (May)

The claimant company not-for-profit organisation successfully applied for a cost capping order, pursuant to s 88 of the Criminal Justice and Courts Act 2015 in proceedings concerning a challenge by the defendant Cabinet Office, by way of judicial review, to the court’s decision that the Secretary of State for Health and Social Care had acted unlawfully by failing to comply with procurement law and policy in relation to the publication of contracts for goods and services awarded following the onset of the COVID-19 pandemic (see [2021] All ER (D) 27 (Mar)). The Technology and Construction Court held that, among other things, there was a matter of general public importance raised by the proceedings for the purposes of s 88(7)(a) of the Criminal Justice and Courts Act 2015 Act, and therefore the proceedings constituted public interest proceedings for the purposes of s 88(6)(a) of the Act.


European Union

Lipton and another

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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
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
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
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