BAILII: Recent Decisions

Posted October 28th, 2026 in law reports by michael

Supreme Court

The Kingdom of Spain and another v The London Steam-Ship Owners’ Mutual Insurance Association Limited No 2 [2026] UKSC 36 (28 October 2026)

High Court (Administrative Court)

Balcerak, R (On the Application Of) v London Borough of Wandsworth (Children’s Services Directorate) [2026] EWHC 2727 (Admin) (28 October 2026)

The Government of Azerbaijan v Imanli [2026] EWHC 2741 (Admin) (28 October 2026)

Lambert, R (On the Application Of) v Senior Coroner for North London [2026] EWHC 2763 (Admin) (27 October 2026)

Stilprime Ltd & Ors, R (On the Application Of) v Secretary of State for Transport [2026] EWHC 2656 (Admin) (19 October 2026)

High Court (Business & Property Division)

Park Homes Investments Ltd v Avison Young (UK) Ltd [2026] EWHC 2713 (BP) (27 October 2026)

High Court (Commercial Court)

Moelis & Company UK LLP, DIFC Branch v Emirates Petroleum Company PJSC [2026] EWHC 2756 (Comm) (27 October 2026)

High Court (Patents Court)

Snap Inc & Anor v Dolby Laboratories, Inc & Ors [2026] EWHC 2757 (Pat) (28 October 2026)

High Court (King’s Bench Division)

Collier & Ors v Stellantis Auto SAS & Ors (The Peugeot/Citroen/DS NOx Emissions Group Litigation) [2026] EWHC 2760 (KB) (28 October 2026)

Griffiths v Hywel Dda University Health Board & Anor [2026] EWHC 2693 (KB) (23 October 2026)

High Court (Technology and Construction Court) 

Ion Surety Company SA & Anor v Shapoorji Pallonji Mideast LLC [2026] EWHC 2758 (TCC) (27 October 2026)

www.bailii.org

“Blind Eye” Dishonesty Clarified: Grosvenor Property Developers Limited (In Liquidation) v Portner Law Limited [2026] EWCA Civ 1238 – Hailsham Chambers

Posted October 28th, 2026 in news by michael

‘Last year, the High Court found that a partner of the Defendant firm of solicitors, Mr Daniel Broughton, had dishonestly assisted in a misappropriation of the Claimant’s funds. The Court of Appeal has now overturned that decision. In doing so, it has reaffirmed the distinction between negligence and dishonesty, and clarified the requirements for “blind eye” dishonesty to be made out.’

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Hailsham Chambers, 19th October 2026

Source: www.hailshamchambers.com

When Will ATE Insurance Defeat an Application for Security for Costs? – Hailsham Chambers

Posted October 28th, 2026 in news by michael

‘All applications for security for costs begin with a simple proposition. A defendant has been brought involuntarily into litigation, may spend a substantial sum defeating the claim, and should not be left with a costs order which is worthless because the claimant cannot pay it. That proposition is easy to state. Its application is less straightforward. The jurisdiction is protective, not punitive. It is not intended to enable a defendant to stifle an arguable claim by requiring the claimant to put its litigation budget beyond use. Nor does it entitle a defendant to insist upon the most expensive or inconvenient form of security merely because it would prefer it.’

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Hailsham Chambers, 12th October 2026

Source: www.hailshamchambers.com

Corporate criminal offences of failure to prevent the facilitation of tax evasion – OUT-LAW.com

Posted October 28th, 2026 in news by michael

‘It is a criminal offence in the UK if a business fails to prevent its employees or any person associated with it from facilitating tax evasion.’

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OUT-LAW.com, 28th October 2026

Source: www.pinsentmasons.com

Legal Services Board approves SRA approach to unlimited fine power – Legal Futures

Posted October 28th, 2026 in news by michael

‘The Legal Services Board (LSB) has approved the Solicitors Regulation Authority’s (SRA) amended guidance that will allow it to issue unlimited fines in cases of economic crime.’

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Legal Futures, 28th October 2026

Source: www.legalfutures.co.uk

Government responsibility for Church of England appointments – Law & Religion UK

Posted October 28th, 2026 in news by michael

‘A written question from Mike Wood (Kingswinford and South Staffordshire, Con) about appointments in the Church of England for which the Government has formal constitutional responsibility produced the following useful list response from the Cabinet Office on 23 October.’

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Law & Religion UK, 26th October 2026

Source: lawandreligionuk.com

Gareth Evans: Revisiting Senedd reform: Post-implementation review of the Senedd Cymru (Members and Elections) Act 2024 – UK Constitutional Law Association

Posted October 28th, 2026 in news by michael

‘The Senedd Cymru (Members and Elections) Act 2024 (“the Act”) introduced major structural and electoral changes to Senedd Cymru (Welsh Parliament) which took effect for the election on 7 May 2026. These included an increase to the size of the Senedd from 60 to 96 members, and the introduction of a new, Closed Proportional List electoral system. Both provisions marked the culmination of a long-running debate on the size of the Senedd and its electoral system: these were informed by an understanding that the original Senedd was too small, its scrutiny capacity too thinly spread, and the desire to introduce a more proportional electoral system. For two decades, beginning with the Richard Commission (2004), a total of five inquiries produced recommendations on these two elements of Senedd reform.’

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UK Constitutional Law Association, 22nd October 2026

Source: ukconstitutionallaw.org

Redundancy before age 55: LGPS pension claim dismissed – Pensions Barrister

Posted October 28th, 2026 in news by michael

‘In Henley v Thurrock Council, the Employment Tribunal dismissed age discrimination claims brought by an employee made redundant shortly before his 55th birthday, who consequently missed out on an immediate unreduced LGPS pension.’

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Pensions Barrister, 26th October 2026

Source: www.pensionsbarrister.com

Closed material in Forced Marriage Protection Order proceedings should continue – for a short period – to be withheld from parents in context of care proceedings, High Court rules – Local Government Lawyer

Posted October 28th, 2026 in news by michael

‘The High Court has ruled that information withheld from a child’s parents in Forced Marriage Protection Order (FMPO) proceedings should also be withheld for a short period from the parents in the context of care proceedings.’

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Local Government Lawyer, 27th October 2026

Source: www.localgovernmentlawyer.co.uk

Government launches Respect Orders to tackle anti-social behaviour in England & Wales – Local Government Lawyer

Posted October 28th, 2026 in news by michael

‘Councils and the police have been granted powers to take stronger enforcement action against repeat anti-social behaviour offenders through ‘Respect Orders’ that come into force across England and Wales today [27th October].’

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Local Government Lawyer, 27th October 2026

Source: www.localgovernmentlawyer.co.uk

Land Registry issues practice guide on contractual control rights ahead of requirements coming into force next year – Local Government Lawyer

Posted October 28th, 2026 in news by michael

‘HM Land Registry has published a practice guide to help conveyancers and the wider property market understand and prepare for forthcoming requirements on contractual control agreements.’

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Local Government Lawyer, 26th October 2026

Source: www.localgovernmentlawyer.co.uk

Divers to be banned from raiding military shipwrecks after new legislation passes – The Independent

Posted October 28th, 2026 in news by michael

‘Divers will be banned from entering British shipwrecks in a matter of weeks as the Armed Forces Bill cleared at third reading in the House of Lords on Tuesday [27th October]’.

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The Independent, 27th October 2026

Source: www.independent.co.uk

Former Met officer who worked with Wayne Couzens found guilty of rape – The Guardian

Posted October 28th, 2026 in news by michael

‘A former Metropolitan police officer who served in the same unit as Sarah Everard’s killer, Wayne Couzens, has been found guilty of sexual offences against a woman he met through his work as an officer.’

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The Guardian, 27th October 2026

Source: www.theguardian.com

Parents who killed their baby have sentences increased – BBC News

Posted October 28th, 2026 in news by michael

‘A couple who “fatally battered” their three-month-old son have had their “unduly lenient” sentences for murder increased.’

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BBC News, 27th October 2026

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 27th, 2026 in law reports by michael

Court of Appeal (Civil Division)

Makin v Protec Security Group Ltd & Anor [2026] EWCA Civ 1367 (27 October 2026)

Parsons v Convatec Ltd [2026] EWCA Civ 1357 (26 October 2026)

High Court (Chancery Division)

Padgett v Boulter [2026] EWHC 2744 (Ch) (26 October 2026)

High Court (Business & Property Division)

WV UK Development Ltd & Ors v Liu & Ors [2026] EWHC 2715 (BP) (27 October 2026)

MW Eat Ltd & Ors v James Hallam Ltd [2026] EWHC 2673 (BP) (26 October 2026)

High Court (Commercial Court)

Attleys Roofing Ltd v QBE UK Ltd [2026] EWHC 2742 (Comm) (26 October 2026)

Car-Wizard Ltd v Vixen Surface Treatments Ltd [2026] EWHC 2739 (Comm) (26 October 2026)

High Court (King’s Bench Division)

MSV Estates Ltd v Leeds & Anor [2026] EWHC 2750 (KB) (27 October 2026)

London Borough of Havering v Stokes & Ors [2026] EWHC 2729 (KB) (23 October 2026)

www.bailii.org

“Considerable Caution” in Approaching Unproven Allegations and Drill Music in Parole Board Release Decisions – Administrative Court Blog

Posted October 27th, 2026 in news by sally

On 8 October 2026, the High Court handed down judgment that illustrates a Parole Board failure to act with “considerable caution” when assessing unproven allegations and unsupported conclusions in a release decision. In this case, an irrationality challenge was—unusually—successful. This case is important because it demonstrates that a Parole Board decision may be cumulatively irrational where steps in reasoning were ill-evidenced “and/or inadequate weight [was] accorded to a relevant consideration” [167]. The case is R (Siratillah Ford) v Parole Board [2026] EWHC 2502 (Admin).

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Administrative Court Blog, 27th October 2026

Source: administrativecourtblog.wordpress.com

British Retailers call for Human Rights ‘due diligence’, while Strasbourg rules on ‘equality of arms’ – UK Human Rights Blog

Posted October 27th, 2026 in news by sally

‘On Tuesday, it was reported that major British supermarkets, including M&S, ASDA and Sainsbury’s have joined a campaign calling on the British government to introduce mandatory human rights and environmental due diligence for businesses in both their domestic and global supply chains.’

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UK Human Rights Blog, 27th October 2026

Source: ukhumanrightsblog.substack.com

Did you miss? Craigard v Westbury Homes [2026] EWHC 2453 – Gatehouse Chambers

Posted October 27th, 2026 in news by sally

‘The premises were a 1998 two-storey office building at Crossways Business Park, Dartford. The 2003 lease contained a covenant to keep the premises, expressly including the heating and air-conditioning apparatus, “in good and substantial repair and condition”. It expired on 8 July 2023.’

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Gatehouse Chambers, 26th October 2026

Source: gatehouselaw.co.uk

Lost-Years Compensation in the Supreme Court – Cambridge Law Journal

Posted October 27th, 2026 in news by sally

‘The principle of compensatory damages for tort victims is beguilingly simple. As Lord Blackburn explained in Livingstone v Rawyards Coal Co. (1880) 5 App Cas 25 (H.L.), the court awards “that sum of money which will put the party who has been injured […] in the same position as he would have been in if he had not sustained the wrong for which he is now getting his compensation” (p. 39). This counterfactual enquiry is very difficult in practice where the claimant has been catastrophically and permanently injured, as “what will happen?” and “what would have happened?” are both unknowable at trial. But where the catastrophic injury has also reduced the claimant’s life expectancy, the enquiry is conceptually difficult as well. This is the “lost years” conundrum: if an injured claimant with reduced life expectancy would have earned money during years when they will now, ex hypothesi, be dead, should they recover compensation for the income they will not now earn in those lost years, even though they will not be around to spend it?’

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Cambridge Law Journal, 23rd October 2026

Source: www.cambridge.org

Fewer than half of UK Bar students gain pupillage – Bar Standards Board

Posted October 27th, 2026 in news by sally

‘Our Bar Training Stats report has been published today [15 October], demonstrating the difficulty of passing the Bar Course and gaining pupillage. It also shows the variation in successful outcomes for students depending on where they study.’

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Bar Standards Board, 15th October 2026

Source: www.barstandardsboard.org.uk