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24 January 2019
Issue: 7825 / Categories: Case law , In Court , Law digest
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Weekly law digests

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Criminal law

Gerber v Commissioner of Police of the Metropolis [2018] EWHC 3549 (QB), [2019] All ER (D) 52 (Jan)

The claimant’s appeal against a decision to dismiss his claim for assault and false imprisonment against the defendant was dismissed. The Queen’s Bench Division found that the judge had not erred in law in deciding there were no disputed issues of fact that the jury was required to determine and in discharging the jury without them having returned a verdict, nor in dismissing the claimant’s claim in favour of the defendant in the circumstances.

Employment

Hyperama plc v Poulis and another [2018] EWHC 3483 (QB), [2019] All ER (D) 53 (Jan)

The claimant succeeded in its application for injunctive relief against the defendants, requiring them to deliver up various property on their doorsteps. The Queen’s Bench Division held that the relief sought was justified in the circumstances, as the potential damage to the claimants could be very serious; there was clear evidence that the defendants had electronic copies of a substantial amount of the claimant’s

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MOVERS & SHAKERS

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Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
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APIL sees off ‘substantial prejudice’ defence
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
‘Lost years’ precedent overturned
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
NLJ this week: When ‘milk’ really means milk
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
NLJ this week: Civil practice with claws & caution
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
NLJ this week: Stealing virtual gold?
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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