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

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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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