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30 January 2020 / Brice Dickson
Issue: 7872 / Categories: Features
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Supreme justice: 2019 in review

Brice Dickson outlines the Supreme Court highlights for 2019
  • The court issued 60 decisions in 2019, compared to 67 in 2018 and an annual average of 68 since 2010.

During 2019 the UK Supreme Court gained a higher profile than at any time since its creation in 2019. This was mainly due to its decision in the prorogation case (R(Miller) v The Prime Minister ([2019] UKSC 41), where by 11 to 0 the court ruled that the prime minister, Boris Johnson, had supplied no justifiable reason for advising the Queen to exercise the prerogative power to prorogue Parliament for a period of nearly five weeks. Without doubt the decision marks the high-water mark in the court’s short history to date. It drew huge media attention to the role of the court and to the character of its formidable president, Lady Hale.

In October the court marked its tenth anniversary by having an open day. Among other events there was a talk by the court’s chief executive, Mike Ormerod, and the

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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
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
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’
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