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29 March 2018
Issue: 7787 / Categories: Case law , Law digest
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Weekly law digests

 

Arbitration

Allianz Insurance plc (Formerly Cornhill Insurance plc) and another v Tonicstar Ltd (on its own behalf and behalf of the other corporate members of Lloyd’s Syndicates 62, 1861 and 2255) [2018] EWCA Civ 434 [2018] All ER (D) 125 (Mar)

A Queen’s Counsel who had practised as a barrister specialising in the field of insurance and reinsurance for more than ten years satisfied the requirement in cl 15.5 of the Joint Excess Loss Committee, 1997 Edition. In so doing, the Court of Appeal, Civil Division, overruled an unreported decision that had been followed in the High Court.

Building contract

Dacy Building Services Ltd v IDM Properties LLP [2018] EWHC 178 (TCC) [2018] All ER (D) 124 (Mar)

The claimant company’s claim to enforce the decision of an adjudicator in a construction dispute succeeded, as its submission that an oral contract had been formed was preferred. The Technology and Construction Court stressed the court’s general approach in respect to adjudication enforcement and held that the adjudicator had been correct to find that a binding oral

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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’

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

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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