BAILII: Recent Decisions

Posted February 4th, 2026 in law reports by michael

Court of Appeal (Civil Division)

Gumbrell v YPG Pembroke Studios Ltd [2026] EWCA Civ 44 (04 February 2026)

Court of Appeal (Criminal Division)

Kwiatkowska, R. [2026] EWCA Crim 45 (04 February 2026)

High Court (Administrative Court)

Al Hashimi, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 197 (Admin) (04 February 2026)

Law Lane Solicitors, R (On the Application Of) v The Legal Ombudsman [2026] EWHC 199 (Admin) (03 February 2026)

High Court (Chancery Division)

United Kingdom Hydrographic Office v Samyung ENC Co Ltd [2026] EWHC 206 (Ch) (04 February 2026)

High Court (King’s Bench Division)

Gill v Anand & Anor [2026] EWHC 187 (KB) (04 February 2026)

High Court (Technology and Construction Court)

CR Construction (UK) Company Ltd v Barclays Bank PLC [2026] EWHC 202 (TCC) (04 February 2026)

www.bailii.org

Co-op ad banned over ‘misleading’ Aldi price-match claims – The Independent

Posted February 4th, 2026 in news by sally

‘A Co-op advertisement promoting its price-match scheme with Aldi has been deemed misleading by the Advertising Standards Authority (ASA) for failing to compare genuinely similar products.’

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The Independent, 4th February 2026

Source: www.independent.co.uk

‘I don’t have any faith in lawyers now’ – Legal Action

Posted February 4th, 2026 in news by sally

‘Immigration is one of the most highly regulated areas of law, with criminal sanctions for unqualified advisers. So why do lawyers and clients agree that there are still too many ‘sharks’ operating – often with devastating consequences for those who go to them for help? Fiona Bawdon reports.’

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Legal Action, 28th January 2026

Source: www.lag.org.uk

Defective Buildings Are a Nuisance – Oxford Journal of Legal Studies

Posted February 4th, 2026 in news by sally

‘This article highlights the potential for nuisance to provide another avenue to leaseholders of defective buildings who want to seek remediation. The Supreme Court’s decision in Fearn v Tate Gallery expanded the scope of nuisance, focusing on whether there was substantial interference with property use, without the need for physical invasion. Unsafe cladding and fire safety defects diminish the amenity and utility of leasehold flats, so that many are unsafe and unsellable. Landlords, as freeholders, can be considered ‘neighbours’ under nuisance law and therefore held liable for failing to remediate hazards. Applying nuisance to defective premises could allow leaseholders the remedy of an injunction, therefore allowing remediation. Unlike the criticised Fearn, which prioritised the interests of wealthy occupiers of the Neo Bankside apartments over the general public, this article explores the possibility of using nuisance for public good through the remediation of buildings with potentially life-threatening defects.’

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Oxford Journal of Legal Studies, 2nd February 2026

Source: doi.org

When your landlord’s landlord is your landlord (and a bit of procedural irregularity) – Nearly Legal

Posted February 4th, 2026 in news by sally

‘This was a County Court appeal against a possession order and a refusal to stay eviction on a private tenancy. It is a rarity because it concerns section 18 Housing Act 1988, which has surprisingly little case law on it. It is also an example of how things can go wrong in a busy county court application list. And lastly, it possibly features private landlords attempting a cunning wheeze, which also, in the end, goes badly wrong.’

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Nearly Legal, 3rd February 2026

Source: nearlylegal.co.uk

David Erdos: Lost in Inaction? The Statutory Reports on Media Alternative Dispute Resolution (ADR) – UK Constitutional Law Association

Posted February 4th, 2026 in news by sally

‘Section 179 of the Data Protection Act (DPA) 2018 places the Secretary of State under a duty to ensure that a Report is “la[id] before Parliament” on both the “use” and “effectiveness” of “relevant alternative dispute resolution procedures” in cases involving actual or alleged failures by media organisations, other than broadcasters, “to comply with the data protection legislation”. Such a duty applies at the end of a repeating three-year period. The procedures to be reported on are those provided by “persons who produce or enforce codes of practice” for such media organisations and are “alternative” in the sense of being extra-judicial. This duty was proposed after the Independent Press Standards Organisation (IPSO) – the principal self-regulator of the Press – stated (following Government pressure) that it would introduce a ‘compulsory’ arbitration procedure covering data protection.’

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UK Constitutional Law Association, 3rd February 2026

Source: ukconstitutionallaw.org

The obligation to prevent genocide – House of Commons Library

Posted February 4th, 2026 in news by sally

‘This briefing sets out the international and UK law on genocide and discusses recent cases on this issue. There will be a general debate on obligation to assess the risk of genocide under international law in relation to the Occupied Palestinian Territories in the Commons chamber on Thursday 5 February 2026.’

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House of Commons Library, 3rd February 2026

Source: commonslibrary.parliament.uk

The high bar to the principle of legality – Administrative Court Blog

Posted February 4th, 2026 in news by sally

‘In the recent case of R (Tasib) v Secretary of State for the Home Department [2026] EWHC 139 (Admin) (28 January 2026) the High Court (Farbey J) had an opportunity to consider the contours of the principle of legality in the context of immigration law. The claimant in this case is a Pakistani national who lived in the UK for over 25 years, until the Secretary of State made the decision to exclude him from the country in June 2025. As a result, he was prohibited from entering the UK. The claimant sought to challenge that decision before the High Court on six distinct grounds. This post focuses on just one of those grounds: that the scheme under which the exclusion decision was made was unlawful for being ultra vires the parent legislation which authorised it.’

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Administrative Court Blog, 3rd February 2026

Source: administrativecourtblog.wordpress.com

Tribunal criticises City firm’s recruitment process but rejects bias claim – Legal Futures

Posted February 4th, 2026 in news by sally

‘A leading City law firm’s stated commitment to inclusion and diversity was not always reflected in how it dealt with a law student’s application for a training contract, an employment tribunal has ruled.’

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Legal Futures, 4th February 2026

Source: www.legalfutures.co.uk

Man jailed over £500K frozen chicken fraud – OUT-LAW.com

Posted February 4th, 2026 in news by sally

‘The jailing of a man for handling more than half a million pounds worth of stolen turkey and chicken highlights the regulatory drive for ensuring UK consumers have trust in their food supply, according to an expert.’

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OUT-LAW.com, 3rd February 2026

Source: www.pinsentmasons.com

Review calls for more remote hearings to save courts system from ‘collapse’ – The Guardian

Posted February 4th, 2026 in news by sally

‘A new post of prime minister’s criminal justice adviser and the widespread use of remote hearings are among the recommendations of a government-commissioned independent review on tackling the courts’ backlog in England and Wales.’

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The Guardian, 4th February 2026

Source: www.theguardian.com

BAILII: Recent Decisions

Posted February 3rd, 2026 in law reports by michael

Court of Appeal (Civil Division)

On Tower UK Ltd v AP Wireless II (UK) Ltd [2026] EWCA Civ 43 (03 February 2026)

High Court (Administrative Court)

Hodurek v Polish Judicial Authority [2026] EWHC 180 (Admin) (03 February 2026)

Ukpe (t/a Ikpaland Enterprises UK) v Southend Magistrates’ Court [2026] EWHC 192 (Admin) (02 February 2026)

Palka v The Local Court of Gorlitz, Germany [2026] EWHC 140 (Admin) (30 January 2026)

CHO, R (On the Application Of) v Governing Body of Lonsdale School & Ors [2026] EWHC 166 (Admin) (30 January 2026)

High Court (Commercial Court)

Limited Liability Company Air Company Air Manas v GTLK Middle East SPV Three Ltd [2026] EWHC 177 (Comm) (30 January 2026)

The Republic of India v CC Devas (Mauritius) Ltd (In Administration) & Ors [2026] EWHC 156 (Comm) (30 January 2026)

High Court (Family Division)

East Riding of Yorkshire Council v The Mother & Ors [2026] EWHC 181 (Fam) (02 February 2026)

High Court (Patents Court)

Parsons v Convatec Ltd (Re Strike Out and Split Trial Issues) [2026] EWHC 98 (Pat) (21 January 2026)

Merck Sharp & Dohme (UK) Ltd v Halozyme Inc [2026] EWHC 121 (Pat) (21 January 2026)

Warner Bros. Discovery Inc & Ors v Nokia Corporation & Anor [2026] EWHC 103 (Pat) (15 January 2026)

Amazon.com, Inc & Ors v Interdigital VC Holdings, Inc & Ors [2025] EWHC 3334 (Pat) (15 December 2025)

High Court (King’s Bench Division)

Casey & Ors v Environment Agency [2026] EWHC 178 (KB) (02 February 2026)

Surrey County Council v Persons Unknown & Ors [2026] EWHC 188 (KB) (02 February 2026)

Jones v Chief Constable of Essex Police [2026] EWHC 129 (KB) (02 February 2026)

High Court (Technology and Construction Court)

One Hyde Park Ltd v Laing O’Rourke Construction South Ltd [2026] EWHC 155 (TCC) (02 February 2026)

High Tech Construction Ltd v WLP Trading and Marketing Ltd [2026] EWHC 152 (TCC) (30 January 2026)

www.bailii.org

Company administrations – appointment of administrators ‘out of court’ by QFCH – need for enforceable floating charge – 33 Bedford Row

Posted February 3rd, 2026 in news by sally

‘In England and Wales, a company can enter an insolvency process/procedure known as ‘administration’. One of the ways a company may be put into administration- that is, have administrators appointed over the company – is by the holder of a qualifying floating charge over (all, or substantially all) the company’s assets, exercising a power under the Insolvency Act 1986, Schedule B1, paragraph 14, to so appoint. Such an appointment of administrators occurs ‘out of court’ (i.e. not by court order), and, is categorised as a method of ‘enforcement’.’

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33 Bedford Row, 18th January 2026

Source: www.33bedfordrow.co.uk

Mazur v Charles Russell Speechlys: Clarifying (and Complicating) the Conduct of Litigation – 39 Essex Chambers

Posted February 3rd, 2026 in news by sally

‘The decision of Sheldon J in Mazur v Charles Russell Speechlys [2025] EWHC 2341 (KB) has generated significant concern within the legal profession, particularly in firms that rely on supervised paralegals. Although the Judgment addresses a relatively narrow statutory question concerning the right to conduct litigation its implications for day‑to‑day litigation practice are widespread. This article provides a summary of the Judgment and identifies the practical issues that now arise.’

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39 Essex Chambers, 20th January 2026

Source: www.39essex.com

OS v DT: Shared Care and Child Maintenance – Becket Chambers

Posted February 3rd, 2026 in news by sally

‘The decision in OS v DT [2025] EWFC 156 (B), given by HHJ Hess and certified as citable, marks a significant development in child maintenance law where parents share the care of their children “exactly equally”.’

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Becket Chambers, 12th January 2026

Source: becket-chambers.co.uk

Cryptocurrency: What You Need To Know – Maria Karaiskos KC and Charlie Hutchins – Church Court Chambers

Posted February 3rd, 2026 in news by sally

‘Maria Karaiskos KC and Charlie Hutchins introduce the fundamentals of cryptocurrency and crypto assets and examine how crypto operates in practice, the developing UK regulatory framework, and the expanding powers around crypto assets under POCA.’

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Church Court Chambers, 2nd January 2026

Source: churchcourtchambers.co.uk

Employers prepare for the first phase of Employment Rights Act industrial relations changes – OUT-LAW.com

Posted February 3rd, 2026 in news by sally

‘The first stage of a major reformation of the relationship between employers and trade unions in the UK, which will begin its phased implementation later this month, will increase exposure for companies including those which have not previously engaged in industrial relations, according to an expert.’

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OUT-LAW.com, 2nd February 2026

Source: www.pinsentmasons.com

Lack of mental health beds contributed to UK teenager’s death, inquest finds – The Guardian

Posted February 3rd, 2026 in news by sally

‘A shortage of mental health beds and poor communication between agencies contributed to the death of a teenage girl on hospital grounds, an inquest has found.’

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The Guardian, 2nd February 2026

Source: www.theguardian.com

BAILII: Recent Decisions

Posted February 2nd, 2026 in law reports by michael

Supreme Court

Lewis-Ranwell v G4S Health Services (UK) Ltd and others [2026] UKSC 2 (21 January 2026)

Court of Appeal (Civil Division)

Breeze & Ors v TSB Bank PLC [2026] EWCA Civ 32 (30 January 2026)

Molnar v Secretary of State for the Home Department [2026] EWCA Civ 31 (29 January 2026)

Luton Landlords & Letting Agents Ltd, R (On the Application Of) v Luton Borough Council [2026] EWCA Civ 35 (29 January 2026)

Wysokinski v OCS Security Ltd [2026] EWCA Civ 26 (29 January 2026)

Di Maria, R (On the Application Of) v Commissioner of Police for the Metropolis [2026] EWCA Civ 28 (27 January 2026)

Mulumba v Partners Group (UK) Ltd & Anor [2026] EWCA Civ 30 (27 January 2026)

FS Commercial Ltd v Commissioners for His Majesty’s Revenue and Customs [2026] EWCA Civ 29 (27 January 2026)

The Federal Republic of Nigeria v VR Global Partners LP & Ors [2026] EWCA Civ 25 (23 January 2026)

Hampshire County Council v GC & Anor [2026] EWCA Civ 20 (23 January 2026)

Court of Appeal (Criminal Division)

Cosier, R. v [2026] EWCA Crim 2 (27 January 2026)

Joseph v Rex [2026] EWCA Crim 22 (23 January 2026)

High Court (Administrative Court)

Professional Standards Authority for Health and Social Care v Nursing and Midwifery Council & Anor (Rev1) [2026] EWHC 141 (Admin) (30 January 2026)

Secretary of State for Justice v White [2026] EWHC 163 (Admin) (30 January 2026)

Mayor and Commonalty and Citizens of the City of London v Robinson Webster (Holdings) Ltd [2026] EWHC 151 (Admin) (30 January 2026)

Wrotham Parish Council v Secretary of State for Housing, Communities and Local Government & Ors [2026] EWHC 165 (Admin) (30 January 2026)

CLT, R (On the Application Of) v London Borough of Hounslow [2026] EWHC 162 (Admin) (30 January 2026)

CHO, R (On the Application Of) v Governing Body of Lonsdale School & Ors [2026] EWHC 166 (Admin) (30 January 2026)

Palka v The Local Court of Gorlitz, Germany [2026] EWHC 140 (Admin) (30 January 2026)

Hannigan v Nursing and Midwifery Council [2026] EWHC 62 (Admin) (29 January 2026)

Sex Matters v Mayor and Commonalty and Citizens of the City of London [2026] EWHC 149 (Admin) (29 January 2026)

Tasib, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 139 (Admin) (28 January 2026)

Herceg v Budapest Environs Regional Court (Hungary) [2026] EWHC 145 (Admin) (28 January 2026)

AH, R (on the application of) v Secretary of State for the Home Department [2026] EWHC 127 (Admin) (28 January 2026)

Ford, R (On the Application Of) v Parole Board for England and Wales [2026] EWHC 131 (Admin) (27 January 2026)

BUJ, A Protected Party, R (On the Application Of) v London Borough Of Bromley [2026] EWHC 102 (Admin) (27 January 2026)

Trail Riders Fellowship v Lincolnshire County Council [2026] EWHC 88 (Admin) (26 January 2026)

Prior & Anor, R (on the application of) v The Police Federation of England and Wales [2026] EWHC 124 (Admin) (26 January 2026)

EPX & Anor, R (On the Application Of) v Secretary of State for Defence [2026] EWHC 108 (Admin) (23 January 2026)

Green v Nursing and Midwifery Council [2026] EWHC 69 (Admin) (23 January 2026)

Launchbury v Secretary of State for Housing, Communities and Local Government & Ors [2026] EWHC 109 (Admin) (23 January 2026)

High Court (Chancery Division)

Uddin v Uddin [2026] EWHC 150 (Ch) (30 January 2026)

Brewer Management Corporation v Christie Manson & Woods Ltd [2026] EWHC 126 (Ch) (30 January 2026)

Castleton v Post Office Ltd & Anor [2026] EWHC 158 (Ch) (30 January 2026)

Smith & Ors v Campbell & Ors [2026] EWHC 144 (Ch) (29 January 2026)

Taylor v Taylor & Anor (Re Jamett Properties Ltd) [2026] EWHC 106 (Ch) (29 January 2026)

Harris & Anor v Quantick & Anor [2026] EWHC 137 (Ch) (29 January 2026)

Banner Universal Motion Pictures Ltd v Wiggin LLP & Anor [2026] EWHC 135 (Ch) (28 January 2026)

Lanigan & Anor v Hyslop & Ors (Re Styles & Wood Group Ltd) [2026] EWHC 128 (Ch) (28 January 2026)

Ginger & Ors v Mickleburgh & Ors [2026] EWHC 100 (Ch) (23 January 2026)

Webb & Anor v Eversholt Rail Ltd & Anor [2026] EWHC 101 (Ch) (22 January 2026)

High Court (Commercial Court)

Trafigura PTE Ltd & Anor v Gupta & Ors [2026] EWHC 159 (Comm) (30 January 2026)

IPJSC United Company Rusal v Whiteleave Holdings Ltd & Ors [2026] EWHC 154 (Comm) (30 January 2026)

McLaren Indy & Anor v Alpa Racing USA LLC & Ors [2026] EWHC 110 (Comm) (23 January 2026)

Mercuria Energy Trading SA v Onex DMCC [2026] EWHC 130 (Comm) (22 January 2026)

High Court (Family Division)

B v B and Ors (Section 83 ACA 2002 and Step-Parent Adoption) [2026] EWHC 97 (Fam) (26 January 2026)

Bradley v CM & Ors [2026] EWHC 125 (Fam) (26 January 2026)

High Court (King’s Bench Division)

Gilbert & Anor v Broadoak Private Finance Ltd [2026] EWHC 153 (KB) (30 January 2026)

CJ Jones Solicitors LLP (t/a CJJ Law) v Sapsford [2026] EWHC 142 (KB) (30 January 2026)

Dilks v Secretary of State for Energy and Climate Change [2026] EWHC 146 (KB) (30 January 2026)

Bruce & Anor v High Speed Two (HS2) Ltd [2026] EWHC 134 (KB) (27 January 2026)

Ness v Miller [2026] EWHC 113 (KB) (27 January 2026)

Al-Masarir v Kingdom of Saudi Arabia [2026] EWHC 119 (KB) (26 January 2026)

Hanson Quarry Products Europe Ltd (t/a Heidelberg Materials UK) v Davies & Ors [2026] EWHC 118 (KB) (23 January 2026)

Curwen v Chief Constable of Cumbria Constabulary [2026] EWHC 115 (KB) (23 January 2026)

GQA Qualifications Ltd v Clayton [2026] EWHC 114 (KB) (23 January 2026)

Ali v Hussain [2026] EWHC 112 (KB) (23 January 2026)

www.bailii.org

Part 36 costs consequences and liability-only offers: a key development – 1 QMLR

Posted February 2nd, 2026 in news by sally

‘In Smithstone, the Court of Appeal addressed a key point of principle and uncertainty concerning cost consequences for liability-only Part 36 offers and marked a significant development for practitioners. The Court confirmed that Part 36 costs consequences can indeed be triggered by liability-only Part 36 offers, overturning and clarifying the position outlined in Mundy v TUI UK Ltd [2023] EWHC 385 (Ch). This decision is likely to prompt a rise in the use of such offers.’

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1 QMLR.2nd February 2026

Source: 1corqmlr.com