BAILII: Recent Decisions

Posted April 30th, 2025 in law reports by michael

Court of Appeal (Civil Division)

J v Bath and North East Somerset Council & Ors [2025] EWCA Civ 478 (29 April 2025)

Court of Appeal (Criminal Division)

BNA v R. [2025] EWCA Crim 496 (25 April 2025)

High Court (Administrative Court)

Taylor v Bar Standards Board [2025] EWHC 1029 (Admin) (29 April 2025)

Leszczynski v Regional Court in Warsaw, Poland [2025] EWHC 1024 (Admin) (29 April 2025)

High Court (Chancery Division)

Sodi-Tech EDM Ltd & Anor v DJM Law Ltd [2025] EWHC 981 (Ch) (29 April 2025)

High Court (Commercial Court)

Jones v Persons Unknown & Ors [2025] EWHC 977 (Comm) (29 April 2025)

High Court (Family Division)

FC v MS [2025] EWHC 1030 (Fam) (22 April 2025)

High Court (King’s Bench Division)

Vardy v Rooney (Re Consquential Matters) [2025] EWHC 1027 (KB) (29 April 2025)

Suffolk County Council v Lyall [2025] EWHC 1032 (KB) (29 April 2025)

ABC v Huntercombe (No.12) Ltd & Ors [2025] EWHC 1000 (KB) (24 April 2025)

Source: www.bailii.org

Has the UK missed an opportunity with the new Modern Slavery Act Guidance? – Doughty Street Chambers

Posted April 30th, 2025 in news by sally

‘On 27 March 2025 the Home Office published an update to its statutory guidance on supply chain transparency under s54 of the Modern Slavery Act (MSA). The guidance arrives at the tenth anniversary of the MSA. Introduced at the close of the Cameron government, the legislation was described by then Home Secretary Teresea May as ‘world leading’ . However, a House of Lords select committee recently concluded that ‘the world has changed and best practice has moved on’ and that transparency measures are now regarded as ‘too limited to have significant practical impact’. It is estimated that over a third of eligible firms in the UK are failing to comply, and that this is largely attributable to uncertainty surrounding their reporting obligations, delays to the issuing of statutory guidance,[1] and limited enforcement mechanisms.’

Full Story

Doughty Street Chambers, 24th April 2025

Source: insights.doughtystreet.co.uk

Welsh designer loses court battle against fashion giants Boohoo over bikini copy claim – The Independent

Posted April 30th, 2025 in news by sally

‘A bikini designer has lost a David and Goliath court campaign against online fast-fashion giant.’

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The Independent, 30th April 2025

Source: www.independent.co.uk

Discontinuing Claimants to pay costs despite allegations of interference (BB and others v Al Khayyat and others) – Gatehouse Chambers

Posted April 30th, 2025 in news by sally

‘This is a judgment considering the applicable presumptions in relation to costs in the event of discontinuance. It confirms that the presumption that the discontinuing Claimant will pay the other side’s costs is a strong one and will apply unless the Court is persuaded, on the balance of probabilities, that the Defendant’s conduct has been unreasonable and has brought about the collapse of the proceedings.’

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Gatehouse Chambers, 10th April 2025

Source: gatehouselaw.co.uk

Court of Appeal Overturns High Court and Finds Isle of Wight Permission for 473 Dwellings Unlawful: Greenfields (IOW) Limited v Isle of Wight Council [2025] EWCA Civ 488 – Francis Taylor Building

Posted April 30th, 2025 in news by sally

‘Following a two day hearing earlier this month, the Court of Appeal (Singh and Lewis LJJ) has handed down judgment in Greenfields (IOW) Limited v Isle of Wight Council [2025] EWCA Civ 488 overturning the decision of the High Court and finding that the grant of planning permission for 473 dwellings, a café, doctors’ surgery and other associated infrastructure at Westridge Acre Park on the Isle of Wight was unlawful on grounds of a failure to publish the section 106 planning obligation.’

Full Story

Francis Taylor Building, 16th April 2025

Source: www.ftbchambers.co.uk

Chalet Land, A Possession Claim, An application for summary judgement and strike out – what could go wrong? – Gatehouse Chambers

Posted April 30th, 2025 in news by sally

The recent case of Abbotsley Limited v Pheasantland Limited [2025] EWHC 654 (KB) has reiterated the practical difficulty faced when seeking to obtain an ‘early determination’ of a possession case.

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Gatehouse Chambers, 15th April 2025

Source: gatehouselaw.co.uk

Orchard v Dhillon [2025] EWHC 834 (Ch) – Hailsham Chambers

Posted April 30th, 2025 in news by sally

Contrary to the earlier decision in InnovatorOne, the High Court has held in Orchard v Dhillon [2025] EWHC 834 (Ch) that a right to recover property under s.26 of the Financial Services and Markets Act 2000 may be enforceable against a successor in title to the party who had infringed that Act’s “general prohibition”.

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Hailsham Chambers, 17th April 2025

Source: www.hailshamchambers.com

Coroner expresses concerns over NHS menopause care after death of teacher – The Guardian

Posted April 30th, 2025 in news by sally

‘A coroner has expressed wide-ranging concerns about how the NHS cares for women during menopause after the death of a 54-year-old teacher who killed herself after a decline in her mental health.’

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The Guardian, 29th April 2025

Source: www.theguardian.com

Planning Permission Refused for a Material Change of Use of Land to a Gypsy/Traveller Caravan Site Despite No Five-Year Supply of Deliverable Pitches or Available Alternative Sites – Francis Taylor Building

Posted April 30th, 2025 in news by sally

‘Inspector Pleasant has today (28 April 2025) refused a s78 appeal against the refusal of planning permission for a material change of use to two gypsy/traveller pitches as well as engineering operations. She has also dismissed a s174 appeal (which included a deemed planning application pursuant to ground (a)) against the issuance of an Enforcement Notice concerning the unauthorised development and upheld the Enforcement Notice (as varied). The appeals related to land in Keysoe, Bedfordshire and the local planning authority is Bedford Borough Council.’

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Francis Taylor Building, 29th April 2025

Source: www.ftbchambers.co.uk

Short Marriages in Financial Remedy Proceedings – Five Pump Court Chambers

Posted April 30th, 2025 in news by sally

‘Short marriages are a factor which might be raised in financial remedy cases as an issue which should affect the outcome. This blog is written to help readers consider how the court will view this distinct factor when exercising their powers in relation to the division of financial resources from a marriage, as well as future income division.’

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Five Pump Court Chambers, 29th April 2025

Source: www.5pumpcourt.com

Ecclesiastical court judgments – April – Law & Religion UK

Posted April 30th, 2025 in news by sally

‘The twelve consistory court judgments circulated in April 2025 include:

– Reordering, extensions and other building works
– Exhumation
– Churchyards and burials.’

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Law & Religion UK, 30th April 2025

Source: lawandreligionuk.com

Inquests: Tips for Practitioners – Guildhall Chambers

Posted April 30th, 2025 in news by sally

‘In January 2025, the current Chief Coroner published new ‘Bench Guidance’ for coroners. The Guidance is clearly organised, wide-ranging, well written and accessible free of charge.’

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Guildhall Chambers, 24th April 2025

Source: www.guildhallchambers.co.uk

Court of Appeal Upholds Planning Permission for Hydrocarbon Exploration and Appraisal in the High Weald AONB – Francis Taylor Building

Posted April 30th, 2025 in news by sally

‘The Court of Appeal (Sir Keith Lindblom (SPT) and Singh and Holgate LJs) has dismissed an appeal by Frack Free Balcombe Resident’s Association against the High Court’s rejection of its challenge to an Inspector’s grant of planning permission for the exploration and appraisal of hydrocarbons near Balcombe in the High Weald AONB. The Appellant sought to challenge the High Court’s decision on four grounds. Each of those grounds was dismissed by the Court of Appeal, which also refused permission to appeal to the Supreme Court.’

Full Story

Francis Taylor Building, 17th April 2025

Source: www.ftbchambers.co.uk

Information orders and the limits of Explanatory Notes – Falcon Chambers

Posted April 30th, 2025 in news by sally

‘This post considers the decision of the High Court in BDW Trading Ltd v Ardmore Construction Ltd & Ors [2025] EWHC 434 (TCC).’

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Falcon Chambers, 22nd April 2025

Source: www.falcon-chambers.com

Famous anti-piracy campaign ‘used pirated font’ – The Independent

Posted April 30th, 2025 in news by sally

‘A famous anti-piracy campaign from the early 2000s which became a part of pop culture history may have itself have been the product of piracy.’

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The Independent, 29th April 2025

Source: www.independent.co.uk

UK watchdog bans coffee pod ads over ‘misleading’ composting claims – The Guardian

Posted April 30th, 2025 in news by sally

‘Descriptions of coffee pods as “compostable eco capsules” were misleading as they could not be composted at home, the Advertising Standards Authority has ruled.’

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The Guadian, 30th April 2025

Source: www.theguardian.com

The Court of Appeal explains why local authorities cannot consent to the confinement of children in their care – Mental Capacity Law and Policy

Posted April 30th, 2025 in news by sally

‘The Court of Appeal announced on the day of the hearing of the appeal against the decision of Lieven J in Re J: Local Authority consent to Deprivation of Liberty [2024] EWHC 1690 (Fam), that it would allow the appeal. Today (29 April 2025), it gave its reasons for doing so (J v Bath and North East Somerset Council & Ors [2025] EWCA Civ 478.’

Full Story

Mental Capacity Law and Policy, 29th April 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Miscarriage of justice watchdog had ‘hole at its heart’, committee chair says – The Guardian

Posted April 30th, 2025 in news by sally

‘Senior management at the miscarriage of justice watchdog were told there was a “hole at the heart” of the organisation as MPs criticised its working from home policy and asked executives if they felt they were the right people to continue leading it.’

Full Story

The Guardian, 29th April 2025

Source: www.theguardian.com