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14 March 2019
Issue: 7832 / Categories: Case law , Law digest , In Court
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Weekly law digests

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Venables and another v News Group Papers Ltd and others [2019] EWHC 494 (Fam), [2019] All ER (D) 22 (Mar)

The relatives of a child (JB) who had been tortured and murdered in 1993 unsuccessfully applied to vary or discharge an injunction (as amended), so as to permit the reporting of the charges and conviction of one of the persons convicted of JB’s murder, namely the person formally known as ‘Jon Venables’. The Family Division, in dismissing the application, held that the case for varying the injunction had simply not been made out on the facts.

Elections

R (on the application of Wilson and others) v Prime Minister [2019] EWCA Civ 304, [2019] All ER (D) 08 (Mar)

The claimants were refused permission to seek judicial review of the respondent prime minister’s notification to the EU of the UK’s intention to withdraw. The Court of Appeal, Civil Division, rejected arguments that the decision to notify and the notification itself had been unlawful because they had been based upon the result of a referendum

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MOVERS & SHAKERS

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Gardner Leader—Michelle Morgan & Catherine Morris

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NEWS
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‘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: Neutral counsel in a polarised age
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’
NLJ this week: Short lets & sharp covenants
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
NLJ this week: Justice at the algorithm’s edge
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
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
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