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20 September 2018
Issue: 7809 / Categories: Case law , Law digest , In Court
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Weekly law digests

Company

Autogas (Europe) Ltd (in liquidation) v Ochocki and others [2018] EWHC 2345 (Ch), [2018] All ER (D) 21 (Sep)

A claim made by the claimant company, which was in liquidation, against the defendants failed, in a dispute concerning alleged dishonest assistance in the commission of a fraud. The Chancery Division held that, on the evidence, none of the defendants gave the general impression of having been dishonest.

Costs

London Borough of Lambeth v MCS and another [2018] EWCOP 20, [2018] All ER (D) 18 (Sep)

The circumstances of the case were so poor and so extreme (both in relation to institution of proceedings and their subsequent conduct) that an order for the costs of the proceedings should be borne by the applicant and second respondent. The Court of Protection so ruled, despite the fact that proceedings brought in the Court of Protection almost never attracted an enquiry into the issue of costs.

Elections

R (on the application of the Good Law Project) v Electoral Commission [2018] EWHC 2414 (Admin), [2018] All ER (D)

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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’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
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’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
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