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11 April 2019
Issue: 7836 / Categories: Case law , In Court , Law digest
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Weekly law digests

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Constitutional law

Mohamed v Breish and others [2019] EWHC 786 (Comm), [2019] All ER (D) 29 (Apr)

In a previous judgment (see [2019] All ER (D) 102 (Feb)), the judge had answered certain preliminary issues regarding the applicant’s applications against a range of named respondents, including the first respondent seeking, among other things, a declaration that since July 2017, he had been validly appointed as chairman of the Libyan Investment Authority for the purposes of having responsibility for litigation relating to Libya’s sovereign wealth fund. In the present proceedings, the first respondent sought further declarations. The Commercial Court dismissed that application, deciding that the preliminary issues as ordered had been determined in terms that were clear: the effect was also clear.

European Union

R (on the application of Newby Foods Ltd) v Foods Standards Agency [2019] UKSC 18, [2019] All ER (D) 24 (Apr)

On the proper interpretation of EU law, the appellant meat and poultry manufacturer’s products fell to be categorised as mechanically separated meat (MSM) within point 1.14 of Annex 1

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MOVERS & SHAKERS

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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’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

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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