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28 June 2018
Issue: 7799 / Categories: Case law , Law digest , In Court
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Weekly law digests

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Company

Re Liberty Mutual Insurance Europe plc and another [2018] EWHC 1445 (Ch), [2018] All ER (D) 77 (Jun)

The Companies Court allowed an application by Liberty Mutual Insurance Europe plc (Liberty) and LSM Luxembourg plc SA, pursuant to Art 26 of Council Regulation (EC) No 2157/2001, concerning a proposed merger between the two companies to allow Liberty to become a ‘Societas Europaea’ (SE), namely a European company, in preparation for the consequences of the UK leaving the EU on 29 March 2019. The court held that all the requirements of Art 26 had been satisfied and it ordered that the companies were free to take steps to bring the proposed merger between them, and the formation of Liberty Mutual Insurance Europe SE, into effect.

European Union

Laboutin and another v Van Haren Schoenen BV C-163/16, [2018] All ER (D) 57 (Jun)

Article 3(1)(e)(iii) of (EC) Directive 2008/95 had to be interpreted as meaning that a sign consisting of a colour applied to the sole of a high-heeled shoe, such as that at issue

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MOVERS & SHAKERS

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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
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APIL sees off ‘substantial prejudice’ defence
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
‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
NLJ this week: Short lets & sharp covenants
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
NLJ this week: Justice at the algorithm’s edge
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
NLJ this week: When ‘milk’ really means milk
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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