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04 February 2022
Issue: 7965 / Categories: Case law , In Court , Law digest
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Law digests: 4 February 2022

Defamation

Bashar v Thompson and another [2022] EWHC 25 (QB), All ER (D) 23 (Jan)

The Queen’s Bench Division ruled on preliminary issues which arose on the claimant father’s claim that the first defendant, a social worker employed by the second defendant council, had made two defamatory statements in a Family Assessment Report written in relation to a child (A) from his former partner’s previous relationship, following the claimant’s application for a child arrangements order to allow his son (N) to live with him rather than the former partner. The first defendant had stated that she had ‘serious concerns to his extreme views’ and ‘serious concerns to his value base and views’ which in her view were ‘extreme’. While the court rejected the claimant’s submission that the above statements had been tantamount to saying he was an ‘extremist’, which in turn could have been equated to ‘terrorist’ or ‘jihadist’, both statements were Chase level one and defamatory. The reasonable reader would not necessarily infer from the statements that the claimant had been prepared

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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
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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