Month: April 2025

‘Re C (Surrogacy: Consent) and Re Z (Surrogacy: Step-Parent Adoption) recount one non-traditional family’s struggle for formal legal recognition. The subject child was born pursuant to a surrogacy arrangement entered into in the UK by a male couple and a woman. Post-birth, the surrogate maintained her agreement to the couple raising the child as their own but wanted more involvement in his life than the intended parents would support. Relations soured, and when the intended parents applied to be formally legally recognised as the child’s parents, the surrogate refused to give her consent – which is required by statute. In Re C (Surrogacy: Consent), the intended parents brought a human rights challenge to the statutory scheme for surrogacy, arguing that its absolute requirement for a surrogate’s consent interfered with theirs and the child’s rights under Article 8 of the European Convention on Human Rights. This being unsuccessful, in Re Z (Surrogacy: Step-Parent Adoption) they made a second bid to become their child’s legal parents, this time through adoption. Again, their application was unsuccessful. Taken together, these case outcomes and their ratio decidendi reveal the tenacious hold of motherhood on the legal imagination, and the problems this poses for non-traditional families.’

Full Story

Modern Law Review, 19th March 2025

Source: doi.org

‘English partnerships are transparent for tax purposes, but there is no legislation outlining the tax rules besides a Statement of Practice (SP) (1975). Limited liability partnerships (LLPs) are treated the same for tax purposes but are bodies corporate. This has led to concerns over employment and partnership status being confused and highlights the necessity for specific anti-avoidance legislation for LLPs. Partnerships and LLPs can also be regarded as (bare) trusts for tax purposes, potentially leading to confusion and disputes as to beneficial ownership. These problems would largely disappear if members of LLPs chose to treat their partnership as a separate legal entity for tax purposes. If they did so, LLPs could be subject to corporation tax; otherwise, they and general partnerships should be subject to tailored, dedicated primary legislation governing the tax treatment—instead of that covering a mere SP.’

Full Story

Amicus Curiae, Spring 2025

Source: journals.sas.ac.uk

‘In Paul v Royal Wolverhampton NHS Trust, the Supreme Court held that a secondary victim cannot recover damages for psychiatric harm caused by witnessing a primary victim’s medical crisis. This note examines the ratio of the majority’s judgment, that the secondary victim must witness an accident (or its immediate aftermath) to successfully recover damages. It argues that the majority’s accident requirement is problematic for three reasons: it was not required by the case law; it is not as certain or intelligible as the majority suggest; and it treats clinical negligence as a subclass of personal injury. The note also suggests that the common law has, contrary to the majority’s analysis, started to develop a doctor’s duty of care to a patient’s family member. This would have provided the conceptual foundation upon which to treat the deaths as the relevant event in Paul. The note also considers the court’s helpful clarification that the accident need not be sufficiently horrifying, and that the secondary victim need not suffer a sudden shock, as well as the Supreme Court’s application of the scope of duty principle more broadly.’

Full Story

Modern Law Review, 10th February 2025

Source: doi.org

‘The issue of whether the criminal law should consider consent in determining offences related to harm inflicted for sadomasochistic pleasure has once again been highlighted by the courts in the recent sentencing of individuals in the UK involved in the creation and distribution of extreme ‘eunuch’ pornography. The article explores this case within the context of legal limits placed on consent to sadomasochistic sex first set down by R v Brown, a decision which has received much criticism. It concludes by defending some limits on consensual sadomasochism in light of the recent case, while acknowledging the need to decriminalise more ‘mainstream’ acts of sadomasochistic sex.’

Full Story

Alternative Law Journal, 13th March 2025

Source: journals.sagepub.com

‘In R. v Jogee; Ruddock v The Queen, the Supreme Court abolished “joint enterprise liability”, thus removing the need for a doctrine that used to temper the harshness of joint enterprise: the “fundamental difference” rule. The Supreme Court nevertheless allowed this rule to linger on in the form of an “overwhelming supervening act” doctrine. That doctrine has led to the creation of yet another: an “escalation” doctrine. We argue that there is no place in the post-Jogee law of complicity for doctrines based on fundamental difference, overwhelming supervening acts or escalation. This is no mere semantic quibble. It has significant implications for the way in which complicity law should be applied, especially in homicide cases.’

Full Story

Cambridge Law Journal, 10th April 2025

Source: www.cambridge.org

‘As the metaverse blurs the lines between physical and virtual realms, enhanced by haptic devices providing sensory feedback, it is poised to become integral to daily life. However, this new digital frontier is also a site for sexual violence. Women users increasingly report non-consensual touching, image-based sexual abuses and novel forms of gendered harm, often trivialised and inadequately addressed by current laws. Accordingly, this article proposes the new concept and terminology of ‘meta-rape’ to better capture the intense and embodied nature of these forms of sexual violence. We also provide a new categorisation of experiences of sexual harassment and abuse in the metaverse, together with a comprehensive analysis of the role and application of criminal law in tackling meta-rape. We suggest, contrary to conventional approaches, that current criminal laws could apply to some forms of meta-rape. We also propose strengthening and future-proofing criminal law, with laws proscribing intimate intrusions. By reframing our understanding of meta-rape, we aim to address the prevalence and impact of these gendered and sexualised harms, providing robust avenues for victim redress and promoting safety and autonomy in emerging virtual spaces.’

Full Story

Oxford Journal of Legal Studies, 8th April 2025

Source: academic.oup.com

‘In this article, Fergus McCombie and Louisa Simpson share some insights into and thoughts on the Court of Appeal judgment.’

Full Story

Pump Court Chambers, 9th April 2025

Source: www.pumpcourtchambers.com

‘On 3 April 2025, the Court of Appeal gave judgment in the case of Sullivan v Isle of Wight Council [2025] EWCA Civ 379.’

Full Story

Old Square Chambers, 7th April 2025

Source: oldsquare.co.uk

‘The first stage of a High Court libel case has found that ex-footballer Joey Barton’s online posts about former England striker Eni Aluko and her family had a defamatory meaning.’

Full Story

BBC News, 9th April 2025

Source: www.bbc.co.uk

‘An abusive wife who strangled her husband and stabbed him to death before burying his body under a pile of grass clippings in their overgrown garden has been jailed for 22 years.’

Full Story

The Independent, 9th April 2025

Source: www.independent.co.uk

‘A man has been found guilty of murdering a woman in front of her three-year-old daughter during Notting Hill carnival’s family day last year.’

Full Story

The Guardian, 9th April 2025

Source: www.theguardian.com

‘A woman who had her leg amputated due to hospital failings has been awarded a multimillion-pound compensation deal.’

Full Story

BBC News, 10th April 2025

Source: www.bbc.co.uk

‘A former Met Police officer has been found guilty of assault, but acquitted of rape.’

Full Story

The Independent, 9th April 2025

Source: www.independent.co.uk

‘In Re All Saints Rainford [2025] ECC Liv 1, a retrospective faculty was granted for the authorization of illuminated symbols on the church tower; this was subject to conditions on the timing of the illumination and the petitioner obtaining planning consent. Wood Ch noted that the two significant aspects of the planning advice were heritage impact of the lighting and the impact on neighbouring amenities.’

Full Story

Law & Religion UK, 9th April 2025

Source: lawandreligionuk.com

‘A teenager has been found guilty of murdering a father-of-seven by stabbing him.’

Full Story

BBC News, 9th April 2025

Source: www.bbc.co.uk

‘The House of Lords (Hereditary Peers) Bill is currently being debated in the Lords itself, and has reached a crucial moment. In this second post of a two-part series, Constitution Unit Director Meg Russell reviews the prospects for using the bill to achieve other long-awaited Lords reforms, beyond removing the hereditary peers. She argues that key changes, particularly to limit the size of the chamber, and improve the appointments process, should be made to the bill, as history suggests that further government legislation is unlikely to follow. These changes are in tune with public opinion, and would be consistent with promises made in Labour’s manifesto.’

Full Story

The Constitution Unit Blog, 8th April 2025

Source: constitution-unit.com

‘The House of Commons Modernisation Committee is considering potential reforms to Commons procedures, standards and working practices, and recently ran a consultation exercise to establish its priorities. In this post, Dr Daniel Gover analyses flaws with the procedures for private members’ bills and opposition days, and makes the case for reform.’

Full Story

The Constitution Unit Blog, 1st April 2025

Source: constitution-unit.com

‘In this article James Pirrie and Victoria Nottage explore the intersection between the without prejudice doctrine as it applies to mediation and the inquisitorial responsibilities of the court as bolstered by the new protocols.’

Full Story

Financial Remedies Journal, 4th April 2025

Source: financialremediesjournal.com

‘A bill based on Labour’s manifesto commitment to remove the remaining hereditary peers from the House of Lords has already passed through the House of Commons, and is now being considered in the Lords itself. In this post, the first in a two-part series, Constitution Unit Director Meg Russell reviews the background to the bill, and progress up to the end of its Lords committee stage. In a second post, she will argue that the ability to amend the bill at its coming report stage offers a rare opportunity to make progress on other small and widely supported Lords reforms – and that this should be seized.’

Full Story

The Constitution Unit Blog, 7th April 2025

Source: constitution-unit.com