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02 March 2018
Issue: 7783 / Categories: Case law , Law digest , In Court
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Weekly law digests

Claim form

Barton v Wright Hassall LLP [2018] UKSC 12 [2018] All ER (D) 109 (Feb)

The appellant’s appeal against the refusal of the Court of Appeal, Civil Division to retrospectively validate service of his claim was dismissed. The Supreme Court held that the appellant had made no attempt to serve his claim in accordance with the rules. There was no reason why he ought to be absolved from his errors at the respondent’s expense.

Family proceedings

Re A-F (children) (care orders: restrictions on liberty) [2018] EWHC 138 (Fam) [2018] All ER (D) 21 (Feb)

The present test cases raised various substantive and procedural questions in relation to the interface between care proceedings brought in the Family Court, pursuant to Pt IV of the Children Act 1989, and the requirements of art 5 of the European Convention on Human Rights. The Family Division held that the situation of the young or very young did not involve a confinement, gave a rule of thumb on at what point in the child’s development a child became confined,

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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
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’
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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