Month: April 2025
Barton – res gestae gone rogue? Adam Furze considers the recent judgment of DPP v Barton – Drystone Chambers
‘Drystone Chambers third-six pupil, Adam Furze, discusses the recent judgment of DPP v Barton [2024] EWHC 1350 (Admin). In his article, Adam considers the key aspects of the judgment, including the often-misunderstood duties on prosecutors when calling witnesses. The judgment is a must read for practitioners prosecuting and defending cases involving res gestae evidence.’
Drystone Chambers, 9th April 2025
Source: www.drystone.com
First-ever building liability order and information orders awarded under Building Safety Act 2022 (381 Southwark Park Road v Click) – Gatehouse Chambers
‘In March 2025, a transcript of the first (and to date, only) judgment awarding a building liability order (BLO) under the Building Safety Act 2022 (BSA 2022) became available.’
Gatehouse Chambers, 9th April 2025
Source: gatehouselaw.co.uk
Section 22 of the Law of Property Act 1925 – Falcon Chambers
‘Cecily Crampin and Imogen Dodds look at section 22, a section which deals with conveyances made on behalf of people suffering from mental disorders. The section provides a window into changing societal attitudes, and changing legal provision too, post the Land Registration Act 2002 as to dealings with real property by someone without capacity to do so.’
Falcon Chambers, 10th April 2025
Source: www.falcon-chambers.com
Cross-Examination in Judicial Review: High Court Rejects Legitimate Expectation in R (Grantchester PC) v Greater Cambridge Partnership [2025] EWHC 923 (Admin) – Francis Taylor Building
‘Following a hearing at which 5 witnesses gave oral evidence, the High Court (Lieven J) has handed down judgment in R (Grantchester Parish Council) v Greater Cambridge Partnership [2025] EWHC 923 (Admin) dismissing the Claimant’s claim on all grounds.’
Francis Taylor Building, 14th April 2025
Source: www.ftbchambers.co.uk
Important decision on use of intermediaries in family proceedings handed down by Court of Appeal – Garden Court Chambers
‘The Court of Appeal has today [10 April] handed down judgment in the case of M (A Child: Intermediaries) [2025] EWCA Civ 440, following the mother’s successful appeal against HHJ Thomas’ decision to refuse the mother’s application for intermediary assistance in ongoing care proceedings.’
Garden Court Chambers, 10th April 2025
Source: gardencourtchambers.co.uk
Section 423 of the Insolvency Act 1986 Claim by Trustee in Bankruptcy – any limitation? – 33 Bedford Row
‘The Insolvency Act 1986 provides to a trustee in bankruptcy in respect to the bankrupt estate, an armoury of potential actions. The main ones, focused on enhancing a depleted bankrupt estate, are: (a) s.339, entitled ‘Transactions at an undervalue’; (b) s.340, entitled ‘Preferences’; and (c) s.423, entitled ‘Transactions defrauding creditors’ (though note, no fraud need be shown; and this cause of action is not exclusive to trustees in bankruptcy).’
33 Bedford Row, 11th April 2025
Source: 33bedfordrow.co.uk
Sentencing mothers: Lynne Shirley and pupil Anisa Kebbati consider key resources when representing women with dependent children – Drystone Chambers
‘Statistics show that over half (55%) of women prisoners are mothers and approximately 17,000 children are affected each year by maternal imprisonment. Sentencing mothers can be a complex task, so it is important that we approach the task of sentencing carefully.’
Drystone Chambers, 14th April 2025
Source: www.drystone.com
‘Reaction’ or ‘Proaction’: What are a Claimant’s duties in determining a defendant’s ‘last known’ address for effective service under CPR 6.9? – Guildhall Chambers
‘The rules governing service of a Claim Form lie at the heart of civil procedure, ensuring that defendants are properly notified of proceedings and that claims progress efficiently and fairly. Yet, despite their seemingly rigid framework, disputes often arise as to the extent of a claimant’s duties when relying on a defendant’s ‘usual/last known address’ under CPR 6.9.’
Guildhall Chambers, 14th April 2025
Source: www.guildhallchambers.co.uk
March 2025 Roundup – Football Law
‘A roundup of football law news and decisions from March 2025’.
Football Law, March 2025
Source: www.footballlaw.co.uk
High Court dismisses challenges to “Safety Valve Agreements” – 11 KBW
‘The High Court has handed down a significant judgment dismissing challenges brought against the decisions of two local authorities, Devon County Council and Bristol City Council, to enter into their respective “Safety Valve Agreements” (SVAs) with the Secretary of State.’
11 KBW, 11th April 2025
Source: www.11kbw.com
Solicitors’ Equitable Lien and protection through a Section 73 of the Solicitor Act 1974 Charge – 33 Bedford Row
‘In a solicitor/solicitor’s client relationship, where the solicitor has undertaken work pursuant to a retainer, but the client has not paid the fees due for the services rendered, there will (amongst other things) be a creditor/debtor relationship. The solicitor will be a creditor; the client will be the debtor. Typically, the solicitor/client will, when the solicitor/client relationship was being formed, not have individually negotiated for the client to grant the solicitor, a form of security, for payment of those fees. The law however, does provide to the solicitor on a non-transactional retainer, where not excluded by terms in the retainer/other security which would be inconsistent/incompatible with its existence, various forms of security – to secure payment of his fees by the client. These take the form of 2 types of liens (discussed below) – (a) the common law General Lien; and (b) the solicitors’ Equitable Lien. This article will focus on the solicitors’ Equitable Lien (the more interesting of the two liens) – that is, a lien on the fruits of litigation to secure unpaid solicitors’ costs.’
33 Bedford Row, 9th April 2025
Source: 33bedfordrow.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Syspal Capital Ltd v Truman & Anor [2025] EWCA Civ 469 (14 April 2025)
High Court (Administrative Court)
High Court (Commercial Court)
High Court (Family Division)
A Local Authority v X (Mother) & Anor [2025] EWHC 900 (Fam) (11 April 2025)
High Court (King’s Bench Division)
HXZ v NMX [2025] EWHC 916 (KB) (14 April 2025)
Yousufi v Matharu (Rev1) [2025] EWHC 917 (KB) (14 April 2025)
Spanakis v Schillings International LLP [2025] EWHC 873 (KB) (14 April 2025)
Wei & Ors v Long & Ors [2025] EWHC 912 (KB) (11 April 2025)
Source: www.bailii.org
Deportation vs. Removal: Key Differences in UK Immigration Law – EIN Blog
‘In discussions surrounding UK immigration law, the terms ‘deportation’ and ‘removal’ are often used interchangeably, yet each holds a distinct legal definition. This article seeks to clarify the differences between deportation and removal within the context of UK immigration law.’
EIN Blog, 14th April 2025
Source: www.ein.org.uk
The Windsor Framework and the autonomy of EU law: a fait accompli or Pandora’s box? – Administrative Court Blog
‘It is now 5 years since the UK officially left the EU, and 4 years since the full weight of the UK-EU Withdrawal Agreement (WA) came into effect. Its purpose is to sever the UK from the EU legal order, with its attendant rights and obligations, except for the ones specifically within the WA. Part of these rights and obligations, contained in the Ireland/Northern Ireland Protocol – renamed the Windsor Framework (WF) in 2023 – continue to include Northern Ireland within the Single Market for goods, as well as within the EU’s equality and non-discrimination laws as these evolve and change. The WF also provides Northern Ireland with a guarantee against diminution of the accumulated EU rights which existed just before Brexit, and which underpin the Rights, Safeguards and Equality of Opportunity (RSEO) chapter of the Belfast (Good Friday) Agreement 1998 (GFA), which ended the brutal Northern Ireland conflict and ushered in a new (albeit somewhat unstable) era of post-conflict devolution.’
Administrative Court Blog, 14th April 2025
Lauren Fullerton and Arran Dowling-Hussey look at where next for SEND (special educational needs and disabilities) law? – 4-5 Gray’s Inn Square
‘Tariffs and special educational needs and disabilities law are rarely spoken about in the same breath. The mid-April, 2025 economic headwinds caused by the American government’s trade policies may exacerbate existing trends identified earlier this year which can impact on SEND. A month or so before the stock and bond market chaos caused by Donald Trump’s ‘Liberation day’ the Education Secretary Bridget Phillipson counselled parents that they must ‘think very differently’ on SEND support. In a speech to the Association of School and College Leaders (ASCL) annual conference Phillipson sign posted that there would likely be reforms to the 2014 Children and Families Act. She remarked “I think we need to take a step back from the system that we have right now, the system that came from the 2014 reforms, and start to think very differently about what the system will look like.”‘
4-5 Gray's Inn Square, 11th April 2025
Source: www.4-5.co.uk
Climate protest jail term deemed ‘disproportionate’ – BBC News
‘A human rights expert has described the year-long sentence given to a climate change activist as “blatantly disproportionate”.’
BBC News, 14th April 2025
Source: www.bbc.co.uk
Assensus Limited v Wirsol Energy Limited [2025] EWHC 503 (KB) – 4-5 Gray’s Inn Square
‘Construction disputes, as indeed is the case with other types of disputes, can have a heavy financial cost for both sides. ‘Victory’ can in defined circumstances take on a pyrrhic taste if the costs of the proceedings don’t go to the winning party. The March 2025 decision in Assensus is part of a sequence of important cases dealing with the issue of how costs are, or may be, treated when there has been a refusal to mediate.’
4-5 Gray's Inn Square, 10th April 2025
Source: www.4-5.co.uk
Court of Appeal hands down key ruling on appointment of intermediaries after finding judge was wrong to refuse assistance to vulnerable mother – Local Government Lawyer
‘The Court of Appeal has allowed a mother’s appeal against a judge’s refusal to grant her intermediary assistance in care proceedings, finding that the judge paid “insufficient attention” to the mother’s difficulties.’
Local Government Lawyer, 11th April 2025
Source: www.localgovernmentlawyer.co.uk
Mother who murdered her two young sons, 2 and 5, in the bath is jailed – The Independent
‘A mother who killed her two young sons while in a psychotic state has been jailed for life.’
The Independent, 11th April 2025
Source: www.independent.co.uk
