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24 November 2017
Issue: 7771 / Categories: Case law , Law digest , In Court
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Weekly law digests

 

Air traffic—Airport

R (on the application of Monarch Airlines Ltd (in administration)) v Airport Co-ordination Ltd (Manchester Airports Group plc intervening) [2017] EWHC 2896 (Admin), [2017] All ER (D) 129 (Nov)

The defendant was not under a duty to allocate summer 2018 permissions to use airport infrastructure necessary for the operation of air services at specified times for the purpose of the taking off and landing of aircraft to the claimant airline (Monarch), which was in administration. The Divisional Court, in dismissing Monarch’s application for judicial review, held that such a duty would not accord with the purpose underlying the relevant regulations and Monarch was not an air carrier.

Bankruptcy

Re Brown; Official Receiver v Brown [2017] EWHC 2728 (Ch), [2017] All ER (D) 135 (Nov)

The Official Receiver’s certification of the respondent bankrupt’s non-compliance with the Insolvency Act 1986 had been correct and, in the absence of any reasonable excuse for non-compliance, the respondent was guilty of contempt of court and liable to be punished. So held the Chancery Division in circumstances where

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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’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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
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