BAILII: Recent Decisions

Posted February 13th, 2026 in law reports by michael

Court of Appeal (Civil Division)

MN v NHS Foundation Trust L [2026] EWCA Civ 71 (12 February 2026)

S, Re (Care and Placement: Schedule of Findings of Fact) [2026] EWCA Civ 85 (12 February 2026)

Court of Appeal (Criminal Division)

Riberio, R. v [2026] EWCA Crim 87 (13 February 2026)

High Court (Administrative Court)

CGT, R (On the Application Of) v West Sussex County Council [2026] EWHC 293 (Admin) (13 February 2026)

Ammori, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 292 (Admin) (13 February 2026)

ACN, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 297 (Admin) (13 February 2026)

Good Law Project Ltd & Ors, R (On the Application Of) v Commission for Equality and Human Rights [2026] EWHC 279 (Admin) (13 February 2026)

Campbell, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 289 (Admin) (13 February 2026)

Ene v Alexandria District Court (Romania) [2026] EWHC 286 (Admin) (12 February 2026)

Brown v Nursing and Midwifery Council [2026] EWHC 250 (Admin) (12 February 2026)

High Court (Chancery Division)

Tangent Properties (North) Ltd v Evans Homes (Skelton) No 2 Ltd [2026] EWHC 298 (Ch) (13 February 2026)

Liebenthal v Liebenthal & Ors [2026] EWHC 213 (Ch) (13 February 2026)

Handy Cross Dev Co Ltd v Vanni Properties Ltd [2026] EWHC 266 (Ch) (12 February 2026)

Secretary of State for Business and Trade v Pal [2026] EWHC 262 (Ch) (12 February 2026)

Aerovias del Continente Americano SA Avianca & Ors v Versilia Solutions Ltd [2026] EWHC 282 (Ch) (12 February 2026)

DBLP Sea Cow Ltd v Steffensen [2026] EWHC 281 (Ch) (12 February 2026)

High Court (Commercial Court)

CM Telecom UK Ltd v Buck [2026] EWHC 161 (Comm) (11 February 2026)

High Court (Family Division)

DD v AF & Ors [2026] EWHC 247 (Fam) (13 February 2026)

High Court (King’s Bench Division)

Balachandra (t/a Manor Dental Surgery) v NHS Commissioning Board [2026] EWHC 294 (KB) (13 February 2026)

Source: www.bailii.org

The Unfinished Architecture of Private Nuisance: Bridging the Gap Between the Coventry v Lawrence and Fearn v Tate Gallery – The Cambridge Law Journal

Posted February 13th, 2026 in news by sally

‘This article argues that the changes to the tort of private nuisance introduced by the Supreme Court in Fearn v Tate Gallery [2023] UKSC 4 necessitate reconsideration of three areas of uncertainty created by its earlier decision in Coventry v Lawrence [2014] UKSC 13: the principles governing the assessment of locality, the status and content of “coming to the nuisance”, and the exercise of remedial discretion. The decision in Fearn v Tate Gallery significantly increases the importance of these unresolved issues to the workability of the tort, thus intensifying the need for clarification. This article concludes by proposing Fearn-compliant paths towards their resolution.’

Full Story

Cambridge Law Journal, 6th February 2026

Source: www.cambridge.org

Advertising and the Online Safety Act 2023 – Journal of Media Law

Posted February 13th, 2026 in news by sally

‘Online advertising’s increasing opacity and automation have exposed critical limitations in the current regulatory structures, particularly regarding fraudulent content and ad misplacement. This contribution argues that the Online Safety Act 2023 (OSA) marks a partial shift by extending duties to user-to-user (U2U) and search services for addressing fraudulent ads (OSA Part 3, Chapter 5), but the scope of these responsibilities remains unclear. Key definitional ambiguities, particularly around ‘user-generated content’, ‘users’ and ‘services’, threaten to confuse the regime’s enforcement potential in this context and undermine the coherence of these new obligations. Whether advertisers fall within the scope of ‘users’ under the Act critically shapes the application of general safety duties to advertising, raising unresolved questions about the reach of illegal content provisions across different types of services. The Act’s exemption of search services from broader duties on illegal content in paid-for ads further entrenches enforcement asymmetries between regulated services despite equivalent exposure to harm. While the Online Advertising Programme (OAP) was conceived to address systemic regulatory blind spots, its limited focus on content, rather than delivery infrastructure, has stalled meaningful reform. The article concludes that the OSA introduces vital duties but falls short of delivering a comprehensive regulatory framework, leaving some gaps in coverage, enforcement, and oversight of third-party ad delivery systems.’

Full Story

Journal of Media Law, 5th February 2026

Source: doi.org

Palestine Action terror ban ruled unlawful by High Court – The Independent

Posted February 13th, 2026 in news by sally

‘Palestine Action’s ban under terrorism legislation has been ruled unlawful by the High Court in a humiliating blow for the government but the ban will remain in place until a further order by the courts.’

Full Story

The Independent, 13th February 2026

Source: www.independent.co.uk

Porn site fined £800,000 for not rolling out age checks – BBC News

Posted February 13th, 2026 in news by sally

‘Ofcom has fined porn company Kick Online Entertainment SA £800,000 for failing to introduce proper age verification measures.’

Full Story

BBC News, 12th February 2026

Source: www.bbc.co.uk

The devolution of the Crown Estate in Wales: an environmental law perspective – Journal of Environmental Law

Posted February 13th, 2026 in news by sally

‘The Crown Estate has an important role as a land manager and licensor of renewable energy projects in the UK, and the management of its assets links to long-term environmental targets, including the achievement of net zero by 2050. Recent debates on the devolution of the Crown Estate in Wales are therefore of importance to the future of environmental governance systems and renewable energy production. This analysis considers the general duty of the Crown Estate in relation to net zero and sustainable development targets, as well as how the devolution settlement has created the possibility for policy divergence and the extent to which the Crown Estate’s operations have become territorialized. It finds that should the devolution of the Crown Estate take place in Wales, the emphasis will rest with the Welsh Parliament to create an ambitious, achievable, and enforceable governance structure for the effective delivery of environmental and net zero targets by a Welsh Crown Estate.’

Full Story

Journal of Environmental Law, 13th February 2026

Source: doi.org

A matter of trust? Policing violence against women and girls – Policing and Society

Posted February 13th, 2026 in news by sally

‘There is limited research on how police engage with racially minoritised victims and survivors of violence against women and girls (VAWG), particularly VAWG that occurs at the intersection of race and gender. This article begins to address that gap examining police handling of these cases, as well as police constructions of the barriers they face and what works. Drawing on a mixed-methods approach – including focus groups with 52 police officers across two police forces, analysis of 55 case files involving VAWG (such as rape and sexual assault), and bodycam footage of police callouts – we examine current police practices and accounts about these practices, focusing on cases involving racially minoritised women and girls, and assess why these practices often fall short of victim/survivor needs and expectations. We highlight examples of good practice, alongside challenges and knowledge gaps, to suggest a path forward for more effective and equitable policing.’

Full Story

Policing and Society, 5th February 2026

Source: www.tandfonline.com

Court penalises continued “over-lawyering” of Dieselgate case – Legal Futures

Posted February 13th, 2026 in news by sally

‘The failure of the claimants in the ‘Dieselgate’ group litigation to “curb the extent of the involvement of innumerable lawyers” is to be marked by a costs penalty, the High Court has decided.’

Full Story

Legal Futures, 13th February 2026

Source: www.legalfutures.co.uk

Higher education must balance free speech and UK defamation laws – OUT-LAW.com

Posted February 13th, 2026 in news by sally

‘Freedom of speech will increasingly be front and centre of universities’ minds, particularly given some of the high-profile situations in recent months.’

Full Story

OUT-LAW.com, 12th February 2026

Source: www.pinsentmasons.com

XL bully owner jailed over dog attack death – BBC News

Posted February 13th, 2026 in news by sally

‘A dog owner whose XL bullies attacked and killed a man has been jailed for five years.’

Full Story

BBC News, 12th February 2026

Source: www.bbc.co.uk

The voice of the child in family courts – Kingsley Napley Family Law Blog

Posted February 13th, 2026 in news by sally

‘Earlier this summer, the Minister of Justice, Simon Hughes, confirmed the Government’s commitment to a further change to the Family Justice System, which will see children given more of a voice in court and other proceedings in which decisions are made about their lives.’

Full Story

Kingsley Napley Family Law Blog, 12th February 2026

Source: www.kingsleynapley.co.uk

BAILII: Recent Decisions

Posted February 12th, 2026 in law reports by michael

Supreme Court

Dairy UK Ltd v Oatly AB [2026] UKSC 4 (11 February 2026)

Court of Appeal (Civil Division)

ABB, R (On the Application Of) v Secretary of State for the Home Department [2026] EWCA Civ 61 (12 February 2026)

Court of Appeal (Criminal Division)

Delecia v R. [2026] EWCA Crim 42 (03 February 2026)

XDV, R. v [2026] EWCA Crim 52 (22 January 2026)

Yasin & Ors, R. v [2026] EWCA Crim 68 (21 January 2026)

Taylor, R. v [2026] EWCA Crim 67 (16 January 2026)

Putland, R. v [2026] EWCA Crim 69 (16 January 2026)

LEJ, R. v [2026] EWCA Crim 49 (15 January 2026)

Selamaj & Anor, R. v [2026] EWCA Crim 66 (14 January 2026)

Lupu, R. v [2026] EWCA Crim 39 (14 January 2026)

High Court (Commercial Court)

Undritz v D’Amico Tankers DAC [2026] EWHC 157 (Comm) (11 February 2026)

Li & Ors v Yuan & Anor [2026] EWHC 242 (Comm) (11 February 2026)

GB Europe Management Services Ltd v RMH Asset GmbH [2026] EWHC 160 (Comm) (11 February 2026)

Li & Ors v Yuan & Anor [2026] EWHC 272 (Comm) (11 February 2026)

High Court (Family Division)

F v M & Anor [2026] EWHC 239 (Fam) (09 February 2026)

Source: www.bailii.org

Force that charged woman who accused policeman of rape investigated – BBC News

Posted February 12th, 2026 in news by sally

‘A police force that charged a woman with perverting the course of justice after she reported being raped by a policeman is to be investigated.’

Full Story

BBC News, 12th February 2026

Source: www.bbc.co.uk

Woman who murdered, cut up and buried partner jailed – BBC News

Posted February 12th, 2026 in news by sally

‘A woman who murdered her partner before cutting her body in two and burying her remains in the back garden of a house more than 15 years ago has been jailed for life.’

Full Story

BBC News, 11th February 2026

Source: www.bbc.co.uk

UK Supreme Court ruling puts plant based branding under the spotlight – OUT-LAW.com

Posted February 12th, 2026 in news by sally

‘Alternative food manufacturers will need to show caution in marketing after a new UK Supreme Court ruling over the use of the term “milk” to promote a dairy free rival, an expert has warned.’

Full Story

OUT-LAW.com. 11th February 2026

Source: www.pinsentmasons.com

UK law firms consider action on behalf of women who developed brain tumours after using contraceptive – The Guardian

Posted February 12th, 2026 in news by sally

‘UK law firms are considering legal action on behalf of women who developed brain tumours after using the contraceptive injection Depo-Provera.’

Full Story

The Guardian, 11th February 2026

Source: www.theguardian.com

Care failings behind runaway heiress Constance Marten’s baby tragedy laid bare – with thousands more children at risk – The Independent

Posted February 12th, 2026 in news by sally

‘Systemic gaps in support for parents whose children are removed from their care helped drive runaway heiress Constance Marten to hide her pregnancy – with thousands more children at risk, experts have warned.’

Full Story

The Independent, 12th February 2026

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted February 11th, 2026 in law reports by michael

Supreme Court

Emotional Perception AI Ltd v Comptroller General of Patents, Designs and Trade Marks [2026] UKSC 3 (11 February 2026)

High Court (Administrative Court)

GRT v Ministry of Justice, Republic of Albania [2026] EWHC 256 (Admin) (10 February 2026)

MXV, R (On the Application Of) v Secretary of State for the Home Department [2026] EWHC 251 (Admin) (10 February 2026)

Nunes v Secretary of State for the Home Department [2026] EWHC 196 (Admin) (10 February 2026)

High Court (Commercial Court)

Treo Noal GP SARL & Ors v Kowski & Ors [2026] EWHC 265 (Comm) (02 February 2026)

High Court (King’s Bench Division)

Belafonte v News Group Newspapers Ltd [2026] EWHC 273 (KB) (11 February 2026)

Various Claimants v Mercedes-Benz Group AG & Ors (PAN NOX EMISSIONS LITIGATION) [2026] EWHC 267 (KB) (10 February 2026)

Source: www.bailii.org

£189m Spent, £43m on Account: The Cost of Commercial Litigation (Municipio de Mariana v BHP Group (UK) Ltd & anor [2026] EWHC 73 (TCC) – Gatehouse Chambers

Posted February 11th, 2026 in news by sally

‘The High Court’s recent judgment in Municipio de Mariana v BHP Group sits firmly in the context of exceptionally large and expensive commercial group litigation. It is a reminder that, even in the most complex cases, orthodox costs principles apply with full force and thorough evidential preparation is the difference between meaningful interim recovery and heavy discounts.’

Full Story

Gatehouse Chambers, 2nd February 2026

Source: gatehouselaw.co.uk

The Sentencing Act 2026: New Sentencing Provisions – Guildhall Chambers

Posted February 11th, 2026 in news by sally

‘The Sentencing Act 2026 (‘the Act’), which received Royal Assent on 22 January, is likely to have a significant impact on the way in which the courts deal with offenders. The Act follows a period of consultation which highlighted the chronic challenges facing the criminal justice and prison system. At the heart of the new Act is an aspiration to rehabilitate low-level offenders in the community, rather than through the prison system. This includes more stringent community order requirements to ensure that punitive aspects of the justice system remain intact.’

Full Story

Guildhall Chambers, 10th February 2026

Source: www.guildhallchambers.co.uk