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03 October 2019
Issue: 7858 / Categories: Case law , In Court , Law digest
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Weekly law digests

Contract

NHS Commissioning Board (known as NHS England) v Vasant (trading as MK Vasant & Associates) and others [2019] EWCA Civ 1245, [2019] All ER (D) 190 (Jul)

The defendant, NHS England, was not entitled to terminate contractual arrangements under which the claimant dentists supplied an intermediate minor oral surgery service to the NHS. The Court of Appeal, Civil Division, in dismissing the NHS’s appeal, held that the NHS had varied its agreement with the dentists so as to incorporate that service within its general dental services contract with them, under which the NHS was not entitled to terminate the contract in the absence of any default by the dentists.

Elections

R (on the application of the Good Law Project) v Electoral Commission [2019] EWCA Civ 1567, [2019] All ER (D) 48 (Sep)

The correct interpretation of the legislation read as a whole was that a donation to a permitted participant could not also be an expense incurred by the donor and the Divisional Court’s interpretation was wrong. Accordingly, the Court of Appeal, Civil

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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
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 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
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