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27 May 2016
Issue: 7700 / Categories: Case law , Law digest , In Court
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Limitation of action

Ministry of Defence v Iraqi Civilians [2016] UKSC 25, [2016] All ER (D) 88 (May)

The Supreme Court dismissed an appeal by Iraqi claimants, who alleged that they had suffered unlawful detention and/or physical maltreatment at the hands of British armed forces in Iraq, against a decision by the Court of Appeal in which it had found in favour of the Ministry of Justice that an English court was bound to disregard any impediment arising from Coalition Provisional Authority (CPA) Order 17 because that order was not a law with respect to limitation which the English courts were bound to apply. The court ruled that the Court of Appeal had been right to say that CPA Order 17 had no legal effect in an English court. It ruled that, in the English proceedings, the relevant law was the Foreign Limitation Periods Act 1984. The CPA Order 17 had no relevance to English proceedings because it had no application outside Iraq and had never impeded resort to the English court.

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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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
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