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28 January 2021
Issue: 7918 / Categories: Case law , In Court , Law digest
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Law digests: 29 January 2021

Asylum

R (on the application of AS) v Liverpool City Council [2020] EWHC 3531 (Admin), [2021] All ER (D) 02 (Jan)

In the course of judicial review proceedings, challenging an age assessment conducted on behalf of the defendant local authority, which had concluded that the claimant asylum seeker was aged 20 or over and not a child, as he claimed, the Administrative Court allowed the claimant’s application for interim relief and granted an order that the authority should continue to accommodate and support him as a child in its care. Interim relief was granted until the issue of permission to apply for judicial review was determined, or further order.


Conflict of laws

Etihad Airways PJSC v Flöther [2020] EWCA Civ 1707, [2021] All ER (D) 05 (Jan)

In dismissing the appeal of Air Berlin’s insolvency administrator, whose application disputed the jurisdiction of the English courts to resolve disputes arising out of a facility agreement entered into between Air Berlin and the respondent, the Court of Appeal, Civil Division, found that the ‘asymmetric’

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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 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
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’
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