header-logo header-logo

05 July 2018
Issue: 7800 / Categories: Case law , Law digest , In Court
printer mail-detail

Weekly law digests

Deed

Wessely and another (Joint Liquidators of Laishley Ltd, in Liquidation) v White [2018] EWHC 1499 (Ch), [2018] All ER (D) 128 (Jun)

The applicant liquidators’ claim against the respondent failed. The respondent had executed two deeds of release, by which the employer and employee were released from future performance under a contract. The Chancery Division held that the burden of proof did not lie on the respondent to prove that his actions or omissions had not caused loss to the company, or that the burden of proof should be reduced. Further, there had been no breach of the respondent’s duties.

European Union

MB v Secretary of State for Work and Pensions C-451/16, [2018] All ER (D) 135 (Jun)

Council Directive (EEC) 79/7, in particular the first indent of Art 4(1), read in conjunction with the third indent of Arts 3(1)(a) and 7(1)(a) thereof, should be interpreted as precluding national legislation which required a person who had changed gender not only to fulfil physical, social and psychological criteria but also to satisfy the condition

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

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’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
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’
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
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
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
back-to-top-scroll