BAILII: Recent Decisions

Posted May 21st, 2026 in law reports by michael

High Court (Administrative Court)

Affleck v The Royal Borough of Windsor And Maidenhead [2026] EWHC 1137 (Admin) (15 May 2026)

High Court (Chancery Division)

Durnont Enterprises v Fazita Investment Ltd & Ors [2026] EWHC 1224 (Ch) (18 May 2026)

High Court (Family Division)

Blackpool Borough Council v RR & Ors [2026] EWHC 1100 (Fam) (14 May 2026)

Source: www.bailii.org

Risk assessment, the HTT and bed availability: causation in a tragic mental-health claim – Quarterly Medical Law Review

Posted May 21st, 2026 in news by Simon

‘In a judgment handed down on 17 April 2026, Edmund Burge KC (sitting as a Deputy Judge of the High Court) dismissed a claim arising from a catastrophic act of self-harm by a young man with a documented history of suicidal ideation and attempts. The judgment is a careful and, in places, painful illustration of how the law approaches psychiatric risk assessment, the role of the Home Treatment Team (“HTT”) and the evidential burden on a claimant who must establish, on the balance of probabilities, that earlier or different action would have averted the index event.’

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Quarterly Medical Law Review, 19th May 2026

Source: 1corqmlr.com

Late amendment refused in clinical negligence cauda equina claim – Quarterly Medical Law Review

Posted May 21st, 2026 in news by Simon

‘On 8 May 2026, Mr Justice Cotter refused the Claimant’s application to amend her Particulars of Claim, to rely on further witness and expert evidence, and to vacate the imminent trial in a clinical negligence claim arising from a delayed diagnosis of Cauda Equina Syndrome (“CES”). The judgment adds to the growing body of first-instance authority on very late amendments under CPR 17.3, and is a salutary reminder of the discipline required when pleading causation in CES claims where breach is admitted but the counterfactual is anything but straightforward.’

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Quarterly Medical Law Review, 20th May 2026

Source: 1corqmlr.com

Barrister warns Bar’s Black interns programme may be unlawful – Legal Futures

Posted May 21st, 2026 in news by Simon

‘The Bar Council needs to be clearer in the legal justification for its controversial 10,000 Black Interns programme, a barrister has suggested.’

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Legal Futures, 20th May 2026

Source: www.legalfutures.co.uk

Barrister fined for accusing senior judge of misconduct loses appeal – Legal Futures

Posted May 21st, 2026 in news by Simon

‘The High Court has dismissed an appeal by a barrister who was fined £15,000 for making an “unfounded and serious allegation of misconduct in public office” against a senior judge.’

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Legal Futures, 20th May 2026

Source: www.legalfutures.co.uk

Recommendations to unlock safe advances in remotely piloted and autonomous drone flight – Law Commission

Posted May 21st, 2026 in news by Simon

‘The Law Commission of England and Wales has today published its final report on Aviation Autonomy, recommending targeted changes to ensure that remotely piloted and autonomous uncrewed aircraft systems (UAS) – such as drones – can operate with equivalent levels of safety to crewed flight. ‘

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Law Commission, 20th May 2026

Source: lawcom.gov.uk

Greenwashing the livestock industry: Advertising Standards Authority upholds Packham’s emissions complaint – UK Human Rights Blog

Posted May 21st, 2026 in news by Simon

‘Hard on the heels of our podcast about “humane-washing” – the false portrayal of UK’s livestock in bucolic conditions, green pastures and freedom – comes broadcaster and environmental campaigner Chris Packham’s (partial) victory over the Agriculture and Horticulture Development Board’s “Let’s Eat Balanced” Campaign before the Advertising Standards Authority.’

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UK Human Rights Blog, 20th May 2026

Source: ukhumanrightsblog.com

A rose by any other name… – Pensions Barrister

Posted May 21st, 2026 in news by Simon

Naomi Kilcoyne of Wilberforce Chambers looks at a recent decision by the Pensions Ombudsman on whether a pension scheme provision which appeared on its face to be a forfeiture clause in fact operated to deprive the member of the benefit.’

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Pensions Barrister, 21st May 2026

Source: www.pensionsbarrister.com

Lammy repeats anti-SLAPPs pledge as media lawyers deny lobbying coup – Law Society Gazette

Posted May 21st, 2026 in news by Simon

‘The government has once again committed to anti-SLAPPs legislation, after open democracy campaigners alleged that “discreet lobbying” by media lawyers had killed off the long-promised measures.’

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Law Society Gazette, 20th May 2026

Source: www.lawgazette.co.uk

The safeguard we are about to discard – Counsel

Posted May 21st, 2026 in news by Simon

‘The case against judge-only justice – and why efficiency is not enough. By Professor Leslie Thomas KC.’

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Counsel, 18th May 2026

Source: www.counselmagazine.co.uk

The CPS outlook on VAWG – Counsel

Posted May 21st, 2026 in news by Simon

‘Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice.’

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Counsel, 18th May 2026

Source: www.counselmagazine.co.uk

Wheeling and able – Counsel

Posted May 21st, 2026 in news by Simon

‘The judiciary has a long journey before it is fully inclusive and representative, but the First-tier Tribunal has made a remarkable start. Diego F Soto-Miranda reflects on his personal odyssey and the wider context.’

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Counsel, 18th May 2026

Source: www.counselmagazine.co.uk

Accommodating shifts in legal frameworks: police use of pre-charge bail and release under investigation – Policing and Society

Posted May 21st, 2026 in news by Simon

‘This paper examines police compliance with the law on pre-charge bail and Release Under Investigation (RUI) in England and Wales. Empirical data from two studies is explored to understand how police decisions reacted to two legal changes in quick succession, which had diametrically opposed aims. Pre-charge bail and RUI were used in proportions that responded to changes in the legal architecture. How and when the police used these options, and how police officers justified their actions, are examined through the lens of compliance theories and techniques of neutralisation, neither of which have been used previously in this context. Evidence of normative compliance, capitulation, creative compliance and game-playing was uncovered as responses to legal change. Changes to the law were also met with defiance resulting in police decision-making continuing unchanged. Police decisions were explained with reference to legal, cultural and instrumental factors and techniques of neutralisation, particularly high workloads, were deployed by the police to rationalise their decisions. The paper also demonstrates the dynamic nature of officers’ compliance, emphasising how focusing exclusively on decisions made in the heavily regulated environment of police custody obscures understanding of the interplay between law and police practice.’

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Policing and Society, 19th May 2026

Source: www.tandfonline.com

The glass through which to assess fairness – domestic abuse in financial remedy proceedings – Journal of Social Welfare and Family Law

Posted May 21st, 2026 in news by Simon

‘In some respects, LP v MP [2025] EWFC 473 widens the courts’ approach to considering domestic abuse in the division of assets on divorce. However, the judgment also leaves important questions unanswered. As readers will be aware, s 25(2)(g) of the Matrimonial Causes Act 1973 (‘MCA’) allows the court to take account of ‘the conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it’. The bar for conduct to be considered relevant is high. In N v J [2024] EWFC 184, Peel J confirmed that conduct must be ‘of a high degree of exceptionality’ [para 28]. He also remarked that ‘[t]he increasing awareness of the incidence of domestic abuse and its harmful and pernicious effects, does not lower the conduct hurdle to be surmounted in financial remedy proceedings’ [para 29]. The exceptionality requirement remains unchanged by LP v MP, and the judgment leaves open questions about the role of gender in that requirement.’

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Journal of Social Welfare and Family Law, 19th May 2026

Source: www.tandfonline.com

Anti-Hindu hate crime reporting platform launched – BBC News

Posted May 21st, 2026 in news by Simon

‘A London-based organisation has launched a new reporting platform for anti-Hindu hate crime amid concerns about a rise in religiously motivated offences.’

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BBC News, 21st May 2026

Source: www.bbc.co.uk

Unfair dismissal claims face five-year delay as tribunal backlog grows – BBC News

Posted May 21st, 2026 in news by Simon

‘Unprecedented employment tribunal service delays in England and Wales mean people bringing unfair dismissal claims are waiting up to five years for their case to be heard.’

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BBC News, 21st May 2026

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 20th, 2026 in law reports by michael

Court of Appeal (Civil Division)

L (A Child: Placement and Contact Orders), Re [2026] EWCA Civ 639 (20 May 2026)

Court of Appeal (Criminal Division)

Taborda & Anor v Rex [2026] EWCA Crim 627 (20 May 2026)

High Court (Administrative Court)

BNF v Newport City Council [2026] EWHC 1212 (Admin) (20 May 2026)

Professional Standards Authority for Health and Social Care v General Medical Council & Anor [2026] EWHC 1138 (Admin) (19 May 2026)

High Court (Commercial Court)

Grimes (t/a The Cleveland Arms) & Ors v Liberty Mutual Insurance Europe SE [2026] EWHC 1195 (Comm) (20 May 2026)

Kanametova v OSG Records Management (Europe) Ltd [2026] EWHC 1196 (Comm) (20 May 2026)

High Court (Family Division)

BN (A Child)(Abduction: Art 13(b)), Re [2026] EWHC 1158 (Fam) (14 May 2026)

HF, KF and LF (No 2)(Children; Inherent Jurisdiction; Return Order), Re [2026] EWHC 1035 (Fam) (01 May 2026)

DE (A Child: Inward Return Order From India), Re [2026] EWHC 1099 (Fam) (29 April 2026)

A (A Child), Re (Habitual Residence) [2026] EWHC 1140 (Fam) (28 April 2026)

TP v OP & Anor [2026] EWHC 1179 (Fam) (15 April 2026)

High Court (King’s Bench Division)

Marinakis v Karypidou & Ors [2026] EWHC 1192 (KB) (20 May 2026)

Source: www.bailii.org

Landmark ruling says employers can be sued for denying agoraphobic staff the chance to work from home – The Independent

Posted May 20th, 2026 in news by michael

‘Employers can be sued for discrimination if they deny employees with agoraphobia the option to work from home, a tribunal has ruled.’

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The Independent, 20th May 2026

Source: www.independent.co.uk

Bideford Revisited – Prayers at Council Meetings 2026 – Law & Religion UK

Posted May 20th, 2026 in news by michael

‘The opinions of Local Authorities to “Council Prayers” have changed since events at Bideford, and last year the NSS observed that Reform councillorsimposed prayers on Derbyshire County Council after the party had taken control of the Council. More recently in Kent County Council (KCC), on 12 May 2026 Local Government Lawyer reported that the County Council’s monitoring officer had warned she may have to issue a section 5 report after members voted to debate a constitutional amendment that would see the Lord’s Prayer livestreamed during full council meetings.’

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Law & Religion UK, 20th May 2026

Source: lawandreligionuk.com

Sale of church treasures: Re St Peter, Little Budworth – Law & Religion UK

Posted May 20th, 2026 in news by michael

‘In a guest post, Shiranikha Herbert looks at the faculty jurisdiction and the disposal of “church treasures”, with particular reference to a recent consistory case.’

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Law & Religion UK, 19th May 2026

Source: lawandreligionuk.com