BAILII: Recent Decisions

Posted October 20th, 2026 in law reports by michael

Court of Appeal (Civil Division)

James v General Medical Council [2026] EWCA Civ 1338 (20 October 2026)

Court of Appeal (Criminal Division)

Pabon & Ors, R. v [2026] EWCA Crim 1345 (07 October 2026)

Muci, R. v [2026] EWCA Crim 1335 (06 October 2026)

Qureshi & Anor, R. v [2026] EWCA Crim 1337 (06 October 2026)

High Court (Administrative Court)

COR, R (on the application of) v Secretary of State for Defence [2026] EWHC 2655 (Admin) (19 October 2026)

Oasis Private Care Ltd, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC [2671] (Admin) (16 October 2026)

High Court (Commercial Court)

Stonegate Farmers Ltd v Heavey [2026] EWHC 2641 (Comm) (20 October 2026)

White & Ors v Uber London Ltd & Ors [2026] EWHC 2651 (Comm) (19 October 2026)

High Court (King’s Bench Division)

Patel & Anor v HDI Global Specialty SE [2026] EWHC 2602 (KB) (20 October 2026)

Central Befordshire Council v McDonaugh & Ors [2026] EWHC 2675 (KB) (19 October 2026)

Tripwire South LLC v Astor International Ltd & Ors [2026] EWHC 2646 (KB) (16 October 2026)

High Court (Technology and Construction Court) 

PGMBM Law Ltd v Krenak & Ors [2026] EWHC 2599 (TCC) (12 October 2026)

Source: www.bailii.org

NHS trust prosecuted over children’s sepsis deaths – BBC News

Posted October 20th, 2026 in news by sally

‘An NHS trust is being prosecuted over the deaths of two children who had sepsis, the BBC has learned.’

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BBC News, 20th October 2026

Source: www.bbc.co.uk

Repeal of the presumption of parental involvement – Transparency Project

Posted October 20th, 2026 in news by sally

‘Last week, there was another blaze of publicity about the repeal by Parliament of the legislation introduced in 2014 that added a presumption to the Children Act 1989 where separated parents are in dispute – that it is in a child’s welfare for them to grow up with both parents involved in their upbringing, where safe.’

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Transparency Project, 19th October 2026

Source: transparencyproject.org.uk

Constitutional Law 101: Does the UK have a constitution? – Public Law for Everyone

Posted October 20th, 2026 in news by sally

‘It is sometimes said that the United Kingdom doesn’t have a constitution – which is understandable, but wrong. The perception that there ‘isn’t a constitution’ arises from the fact that the UK lacks a ‘written’ – or codified – constitution. In that regard, the UK is a global outlier.[1] The vast majority of countries do have codified constitutions. The role played by such constitutions is not uniform across the myriad countries in which they are found, but some generalisations are possible. For one thing, a codified constitution at least forms a starting-point when we wish to find out what the constitution is. The constitutional text may not supply all the answers – we might, for instance, need to consult judicial decisions to find out how a constitutional provision has been interpreted and, therefore, what it really means – but the text at least supplies a point of departure. The constitutional text is also likely to have a status that sets it apart, to some extent at least, from other law. In some systems – the United States of America being a well-known example – the constitution’s status is such that it takes priority over all other forms of law, meaning that other laws can be set aside, or ‘struck down’, if they conflict with the constitution.’

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Public Law for Everyone, 16th October 2026

Source: publiclawforeveryone.com

Practice update: Inquests and Inquiries – Law Pod UK

Posted October 20th, 2026 in news by sally

‘Barristers Jim Duffy, Shaheen Rahman KC and Jasper Gold discuss the latest happenings in the related worlds of inquests and inquiries, as well as looking at possible changes to Scotland’s fatal accident inquiries system. The ‘Hillsborough law’, causation in the context of criminal procedure, and human rights in private care homes also feature.’

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Law Pod UK, 20th October 2026

Source: audioboom.com

Assets of community value revisited – Law Society’s Gazette

Posted October 20th, 2026 in news by sally

‘What is an asset of community value (ACV) and what is it for? ACVs were created under part 5 (Community empowerment) of the Localism Act 2011. By the act, specified local authorities must maintain a list of nominated ACVs furthering the social wellbeing or interests of the local community, following nominations from parish councils or local community groups.’

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Law Society's Gazette, 16th October 2026

Source: www.lawgazette.co.uk

Judge throws out case against Uber brought by 13,000 London cab drivers – The Independent

Posted October 20th, 2026 in news by sally

‘A legal challenge mounted by more than 13,000 black cab drivers against ride-share company Uber has been rejected by the High Court after it was ruled to have been submitted too late.’

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The Independent, 19th October 2026

Source: www.independent.co.uk

Criminals detained in hospital set to lose benefits – BBC News

Posted October 20th, 2026 in news by sally

‘Killers and serious sex offenders detained in hospital are among the criminals who will no longer receive benefits under proposals called for by victims’ families.’

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BBC News, 20th October 2026

Source: www.bbc.co.uk

Mowing the grass: is it sufficient for adverse possession? – 3 Paper Buildings

Posted October 19th, 2026 in news by michael

‘Joshua [Dubin] discusses a recent case where he acted for a homeowner when the possession of a grass verge between two properties on an open-aspect estate was called into question.’

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3 Paper Buildings, 14th October 2026

Source: www.3pb.co.uk

Safeguarding, speech and sanctions: the belief cases employers can’t ignore. How far can an employer go in restricting what an employee believes, says or does about it? – 3 Paper Buildings

Posted October 19th, 2026 in news by michael

‘Emma McIlveen analyses the 2025-2026 decisions that have turned the Higgs framework into a working machine, with results less predictable than either side of the debate would like.’

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3 Paper Buildings, 8th October 2026

Source: www.3pb.co.uk

Stalker jailed after sending victim AI generated images – The Independent

Posted October 19th, 2026 in news by sally

‘A ‘despicable and depraved’ stalker has been jailed after he sent his victim AI photos of her naked and a bag of his own semen.’

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The Independent, 19th October 2026

Source: www.independent.co.uk

Leaving on a jet plane – Nearly Legal

Posted October 19th, 2026 in news by sally

‘This case involves a successful in an appeal before the Upper Tribunal (Administrative Appeals Chamber) concerning Ms Kuzelova’s entitlement to Housing Benefit. Upper Tribunal Judge Gullick KC found that relevant provisions of the Housing Benefit Regulations 2006 (“the HB Regulations”) were unlawfully discriminatory.’

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Nearly Legal, 17th October 2026

Source: nearlylegal.co.uk

EAT Guidance on the use of Artificial Intelligence by litigants in person – 3 Paper Buildings

Posted October 19th, 2026 in news by michael

‘Sarah Bowen considers the Guidance issued by the EAT on the use of AI by litigants in person (LiPs) and its implications for LiPs and employment practitioners.’

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3 Paper Buildings, 8th October 2026

Source: www.3pb.co.uk

The Insolvency Act: 40 Years on – Traps for the Unwary: Common Pitfalls in Insolvency Litigation – 3 Hare Court

Posted October 19th, 2026 in news by michael

‘We’re pleased to be publishing The Insolvency Act: 40 Years On, a new five-part article series from 3 Hare Court for the ThoughtLeaders4 FIRE community. … First up, Nicholas Leah explores “Traps for the Unwary: Common Pitfalls in Insolvency Litigation”, looking at some of the procedural and practical hazards frequently encountered in insolvency disputes.’

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3 Hare Court, 5th October 2026

Source: thoughtleaders4.com

Challenging a Coroner’s Decision on the Scope of an Inquest: R (on the Application of O’Brien) v HM Assistant Coroner for Sefton, Knowsley and St Helens [2026] EWCA Civ 499 – 2 Hare Court

Posted October 19th, 2026 in news by michael

‘Linda O’Brien died on 9 May 2020 having fallen from the window of her flat. Alan McMahon, her former partner, was inside at the time. A five-year restraining order prohibited him from contacting her or entering her building. A month earlier, on 7 April 2020, four Merseyside Police officers attended the flat after a neighbour reported screaming. They found McMahon there. None was aware of the restraining order, and each later accepted that, had they known of it, they would have arrested him. What the PNC showed that night was never established. No evidence about it was before either court, though the Court of Appeal considered there was reason to suspect the order was there to be seen [12] [49].’

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2 Hare Court, 13th October 2026

Source: www.2harecourt.com

The Changing Threshold for Regulators’ Challenges to Impairment and Sanction – R (GMC) v Anjum [2026] EWHC 1688 (Admin) – 2 Hare Court

Posted October 19th, 2026 in news by michael

‘Appeals against the decisions of regulators, whether pursued by the professional or by the regulating body, are unpredictable affairs. Given the near-infinite variety of factual circumstances, it is difficult to lay down legal rules. So tribunal decisions on facts are “virtually unassailable” [Southall], but that should not be taken to mean “practically impossible” [Byrne] and appeal courts will “correct material errors of fact and law” [Jagjivan]. Whereas decisions on sanction attract respect with “particular force” [Fatnani], although “there may be matters such as dishonesty or sexual misconduct where the court is likely to feel that it can assess what is needed …” [Jagjivan again].’

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2 Hare Court, 13th October 2026

Source: www.2harecourt.com

Protecting built heritage: the Government’s response on places of worship – Law & Religion UK

Posted October 19th, 2026 in news by sally

‘The Commons Digital, Culture, Media and Sport Committee has published the Government response to its Third Report of Session 2026–27, Protecting built heritage (HC 144).’

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Law & Religion UK, 16th October 2026

Source: lawandreligionuk.com

Considering the Evidence in the Round and the Wrong – PSA v General Dental Council v Yasir Rahman [2026] EWHC 1603 (Admin) – 2 Hare Court

Posted October 19th, 2026 in news by michael

‘Mr Rahman was referred to the GDC following a complaint by a dental nurse in 2023. The subsequent investigation uncovered a pattern of inappropriate, racial and sexual conduct towards mainly female staff and patients. The Committee found most of the alleged conduct proved but considered the majority of the sexual remarks were not sexually motivated. The Committee accepted an alternative explanation that the remarks were intended to be provocative or to “get a rise out of” someone, or were made with the intention of asserting authority, as opposed to them being sexually motivated. It imposed a six-month suspension.’

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2 Hare Court, 13th October 2026

Source: www.2harecourt.com

People playing loud music on buses could face £100 fine – BBC News

Posted October 19th, 2026 in news by sally

‘Passengers who play loud music on buses in England could be fined up to £100 under an attempt by the government to crack down on antisocial behaviour.’

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BBC News, 19th October 2026

Source: www.bbc.co.uk

Norwegian teenage hitman hired for UK murder by Iran-backed crime gang jailed for 20 years – The Guardian

Posted October 16th, 2026 in news by michael

‘A teenage hitman who travelled from Norway to the UK with the intention of carrying out a murder on behalf of an Iran-backed international crime gang has been jailed for 20 years.’

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The Guardian, 16th October 2026

Source: www.theguardian.com