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01 November 2018
Issue: 7815 / Categories: Case law , Law digest , In Court
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Weekly law digests

Costs

First National Trustco (UK) Ltd and another company v Page and others [2018] EWHC 899 (Ch), [2018] All ER (D) 148 (Apr)

The defendants’ application for relief from sanctions pursuant to CPR 3.9(1) for a failure to file their costs budget was rejected. The Chancery Division held that the defendants’ failure to comply with directions was serious and significant, had been caused by the solicitor’s misunderstanding of the effect of court documents which was not a good enough reason for the breach, and thus considering all the circumstances of the case, relief from sanctions ought not be granted.

Customs & excise

Invicta Foods Ltd v Revenue and Customs Commissioners [2018] EWCA Civ 2204, [2018] All ER (D) 98 (Oct)

The respondent, Revenue and Customs Commissioners, were wrong to classify an imported raw seasoned chicken product by the appellant, Invicta, under Ch 2 of the Combined Nomenclature (CN) (the system used to classify imported products for customs duty purposes and to impose a common customs tariff on imports from outside the European Union). The Court

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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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