BAILII: Recent Decisions

Posted February 5th, 2026 in law reports by michael

Court of Appeal (Civil Division)

Cadent Gas Ltd v CityFibre Ltd [2026] EWCA Civ 46 (05 February 2026)

S, Re (Foster Care or Placement for Adoption) [2026] EWCA Civ 47 (05 February 2026)

High Court (Administrative Court)

His Majesty’s Attorney General for England and Wales v Harrold [2026] EWHC 205 (Admin) (05 February 2026)

Catana (aka Katana) v Tribunalul Gorj, Romania [2026] EWHC 182 (Admin) (04 February 2026)

KXO & Anor v Devon County Council [2026] EWHC 203 (Admin) (03 February 2026)

Tobin v The Welsh Ministers & Anor [2026] EWHC 171 (Admin) (30 January 2026)

High Court (Chancery Division)

Blundell & Anor v Davies & Ors [2026] EWHC 176 (Ch) (02 February 2026)

High Court (King’s Bench Division)

Middlewich Town Council v Middlewich Cemetery Joint Committee Board & Ors [2026] EWHC 200 (KB) (04 February 2026)

High Court (Technology and Construction Court)

Cubic Transportation Systems Ltd v Transport for London & Anor [2026] EWHC 211 (TCC) (05 February 2026)

Thirsk & Anor v Berkeley Homes (North East London) Ltd & Anor [2026] EWHC 215 (TCC) (05 February 2026)

www.bailii.org

Crown Offers No Evidence in Prosecution of Black man Recalled to Prison for Saying “My N****” to a Black Police Officer – Nexus Chambers

Posted February 5th, 2026 in news by sally

‘A Black man who is a fluent speaker of Black-British English (BBE) has his criminal prosecution against him dropped once the Defence team served two linguistic reports on the Crown Prosecution Service (CPS).’

Full Story

Nexus Chambers, 29th January 2026

Source: nexuschambers.com

The GPhC issues updated inspection decision making framework: what pharmacy teams need to know – Kingsley Napley Regulatory Blog

Posted February 5th, 2026 in news by sally

‘On 13 January 2026, the GPhC published an update to its inspection decision‑making framework, marking an important shift in how pharmacy inspections will be conducted and evaluated going forward. This revised framework seeks to strengthen regulatory clarity, incorporate recent legislative developments, and support more consistent, transparent decision‑making across the sector.’

Full Story

Kingsley Napley Regulatory Blog, 5th February 2026

Source: www.kingsleynapley.co.uk

High Court dismisses challenge to guidance on the length of the school week – Landmark Chambers

Posted February 5th, 2026 in news by sally

‘On 30 January, the High Court dismissed a challenge against a special school’s decision to shorten its school day on Fridays during part of the 2025 academic year. The ruling came in the case R (CHO, by his litigation friend CRL) v (1) Governing Body of Lonsdale School; (2) Hertfordshire County Council; (3) Secretary of State for Education [2026] EWHC 166 (Admin), following an expedited rolled-up hearing.’

Full Story

Landmark Chambers, 30th January 2026

Source: www.landmarkchambers.co.uk

Mike Gordon: The Mandelson Scandal and the Prime Minister: Investigating a Breach of the Ministerial Code – UK Constitutional Law Association

Posted February 5th, 2026 in news by sally

‘The scandal erupting in relation to the latest revelations about Peter Mandelson’s relationship with the multi-millionaire convicted child sex offender Jeffrey Epstein, who died in prison awaiting trial for a litany of further sex trafficking offences, has become one of the biggest in modern British political history. Having been sacked from his post as US Ambassador in September 2025, Mandelson has now resigned from the House of Lords, legislation to allow him to be stripped of his life peerage is likely to follow, and he is being investigated for the criminal offence of misconduct in public office.’

Full Story

UK Constitutional Law Association, 5th February 2026

Source: ukconstitutionallaw.org

Legal issues arising from the Virgin Media fix – Pensions Barrister

Posted February 5th, 2026 in news by sally

‘Paul Newman KC considers the legal issues faced by trustees and actuaries when making and responding to requests for confirmation under the remedial provisions in the Pension Schemes Bill.’

Full Story

Pensions Barrister, 5th February 2026

Source: www.pensionsbarrister.com

Substantially Different? R (Hippolyte) v Secretary of State for the Home Department [2025] EWCA Civ 1493 – EIN Blog

Posted February 5th, 2026 in news by sally

‘In R (Hippolyte) v Secretary of State for the Home Department [2025] EWCA Civ 1493, the Court of Appeal considered s.31(2A) of the Senior Courts Act 1981 in the context of the Secretary of State’s refusal to grant indefinite leave to remain (“ILR”) under the Windrush Scheme.’

Full Story

EIN Blog, 4th February 2026

Source: www.ein.org.uk

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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’.’

Full Story

33 Bedford Row, 18th January 2026

Source: www.33bedfordrow.co.uk