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15 November 2013
Issue: 7584 / Categories: Case law , Law digest , In Court
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Practice

Gulati and others v MGN Ltd [2013] EWHC 3392 (Ch), [2013] All ER (D) 66 (Nov)

There were a number of established principles in respect of applications for summary judgment. The usual way of trying disputes was to have a trial after the normal processes of disclosure and interrogatories had been gone through, though there were exceptions to that. One such exemption was that summary judgment might be given against a claimant if it was clear beyond question that the statement of facts was contradicted by all the documents or other material on which it was based. The simpler the case, the easier it would be to take that view. However, more complex cases were unlikely to be capable of being resolved in that way without conducting a mini-trial on the documents, without discovery and without oral evidence. That was not the object of CPR 24. It was designed to deal with cases that were not fit for trial at all. So there should not be mini-trial. Judgment might be given against the claim if it had no real

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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

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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
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
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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