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13 September 2018
Issue: 7808 / Categories: Case law , Law digest , In Court
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Weekly law digests

Building contract

Maelor Foods Ltd v Rawlings Consulting (UK) Ltd [2018] EWHC 1878 (QB), [2018] All ER (D) 177 (Jul)

The claimant employer’s CPR Pt 8 claim, seeking the court’s determination of issues of law which arose in an adjudication, was the subject matter of an arbitration agreement. Accordingly, the Technology and Construction Court, allowed the defendant contractor’s application to stay proceedings.

Costs

Ashdown and others v Griffin and others [2018] EWCA Civ 1793, [2018] All ER (D) 109 (Aug)

Although it was found that the affairs of the company had been conducted in a manner which was unfairly prejudicial to the interests of the petitioners, the respondents were to be regarded as the ‘successful’ parties within the meaning of CPR 44.2(2)(a). The Court of Appeal, Civil Division, held that the petitioners were to pay the respondents costs to be assessed on the standard basis if not agreed.

Family proceedings

Re B (A Child: Immunisation) [2018] EWFC 56, [2018] All ER (D) 11 (Sep)

It was in B, a five-year-old child’s, best welfare interests

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MOVERS & SHAKERS

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Bellevue Law—Sally Hall

Bellevue Law—Sally Hall

Employment boutique strengthens data protection and privacy offering with senior consultant hire

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’

NEWS
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
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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
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