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28 November 2019
Issue: 7866 / Categories: In court , Case law , In Court , Law digest
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Weekly law digests

Conflict of laws

C v C (Jersey) [2019] UKPC 40, [2019] All ER (D) 49 (Nov)

The Court of Appeal of Jersey had not erred in upholding a finding that the appellant make periodical payments in respect of a child despite an agreement by the mother that he was not the child’s father. The Privy Council, in dismissing the appeal, held that the Court of Appeal had been right to recognise the Latvian court’s declaration that the appellant was the father of the respondent mother’s child that had established the appellant’s paternity.

Costs

Burnden Holdings (UK) Ltd (in liquidation) and another v Fielding and another [2019] EWHC 2995 (Ch), [2019] All ER (D) 91 (Nov)

In all the circumstances of the case, the just course was to apply a cap on the liability of the second respondent firm of the second claimant liquidator to pay any part of the defendants’ costs equal to the amount of funding it had contributed, namely in the amount of £478,265. The Chancery Division further held

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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’

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’
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’
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