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Weekly law digests

19 September 2019
Issue: 7856 / Categories: Case law , In Court , Law digest
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R (on the application of Actegy Ltd) v Advertising Standards Authority Ltd and another [2019] EWHC 2374 (Admin), [2019] All ER (D) 23 (Sep)

The claimant was unable to show that the first defendant’s general approach for assessing whether or not efficacy claims made for a medical device in an advertisement were substantiated had failed any test of proportionality and it was not established that the first defendant had adopted an approach on the facts of the case which had been unlawful. Accordingly, the Administrative Court dismissed the claimant’s application for judicial review of the decision, upholding complaints against a newspaper advertisement placed by the claimant for a medical device.

Constitutional law

R (on the application of Miller) v Prime Minister (Baroness Chakrabarti and others intervening) [2019] EWHC 2381 (QB), [2019] All ER (D) 24 (Sep)

The decision of the defendant prime minister to advise Her Majesty to prorogue Parliament from a date between 9 and 12 September until 14 October 2019 had not been justiciable, as the criteria adopted by the

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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