BAILII: Recent Decisions

Posted May 14th, 2025 in law reports by michael

High Court (Chancery Division)

Huang & Ors v Credit Suisse (UK) Ltd [2025] EWHC 1159 (Ch) (12 May 2025)

Clarity and guidance on parental alienation/ alienating behaviours-The Family Justice Council – Becket Chambers

Posted May 14th, 2025 in news by sally

‘The issue of parental alienation remains one of the most disputed and prevalent topics within the family courts. There remains a delicate balance between protecting victims of domestic abuse and seeking to protect children from the impact of Alienating Behaviours. Perpetrators of domestic abuse will often exploit the court system by raising issues of alienation seeking to use this as a litigation tactic to distress or discourage a victim. Simultaneously there remain genuine loving parents seeking to have a relationship with their child or children who have been subjected to alienating behaviours. It is accepted and reaffirmed within the guidance that, where found, the harm of Alienating Behaviours to a child can be significant and enduring, akin to other forms of emotional/psychological child abuse.’

Full Story

Becket Chambers, 8th May 2025

Source: becket-chambers.co.uk

More miscarriages of justice ‘inevitable’, says CCRC review lawyer after Peter Sullivan freed – The Guardian

Posted May 14th, 2025 in news by sally

‘A lawyer who led a review into the Criminal Cases Review Commission’s work has said it is “absolutely inevitable” there will be more miscarriages of justice after Peter Sullivan was released from prison after spending 38 years inside for a murder he did not commit.’

Full Story

The Guardian, 14th May 2025

Source: www.theguardian.com

Bilta (UK) Ltd v Tradition Financial Services Ltd [2025] UKSC 18 – Exchange Chambers

Posted May 14th, 2025 in news by sally

‘By a Judgment given on 7 May 2025, the Supreme Court has clarified that the persons who may be held liable for fraudulent trading are not limited to those exercising management or control over the company (insiders), but instead include anyone who dishonestly assists or contributes to the carrying on by the company of any business which has been carried on with intent to defraud creditors (outsiders).’

Full Story

Exchange Chambers, 8th May 2025

Source: www.exchangechambers.co.uk

Placement of children abroad: consultation and consent – Garden Court Chambers

Posted May 14th, 2025 in news by sally

‘In January 2024, the President of the Family Division issued guidance on public law children cases with an international element. This refreshes and replaces the 2014 President’s guidance on the same topic.’

Full Story

Garden Court Chambers, 14th May 2025

Source: gardencourtchambers.co.uk

High Court Finds West Dulwich Low Traffic Neighbourhood Unlawful: WDAG v LB Lambeth – Francis Taylor Building

Posted May 14th, 2025 in news by sally

‘The High Court has handed down judgment in WDAG v London Borough of Lambeth [2025] EWHC 1111 (Admin), holding that the Experimental Traffic Orders (ETO) giving effect to the West Dulwich Low Traffic Neighbourhood (LTN) were made unlawfully.’

Full Story

Francis Taylor Building, 12th May 2025

Source: www.ftbchambers.co.uk

Bratt v Jones [2025] EWCA Civ 562 – Hailsham Chambers

Posted May 14th, 2025 in news by sally

‘In Bratt v Jones, the Court of Appeal has confirmed an orthodox interpretation of the law of valuers’ negligence, namely that to prove negligence it is for a claimant to show that (i) the valuation falls outside the bracket of reasonable valuations, and (ii) the valuer has been negligent (i.e. breached their duty of care applying standard Bolam principles).’

Full Story

Hailsham Chambers, 9th May 2025

Source: www.hailshamchambers.com

Immigration White Paper: A Summary of the Key Proposals – EIN Blog

Posted May 14th, 2025 in news by sally

‘The Government’s White Paper, “Restoring Control over the Immigration System”, published on May 12, 2025, sets out several key proposals aimed at reducing net migration, prioritising skilled workers, ensuring fairness, enforcing rules, and promoting integration.’

Full Story

EIN Blog, 14th May 2025

Source: www.ein.org.uk

Part 3 of the Digital Markets, Competition and Consumers Act 2024 Now in Force – Henderson Chambers

Posted May 14th, 2025 in news by sally

‘Part 3 of the Digital Markets, Competition and Consumers Act 2024 (the “Act”) came into force on 6 April 2025. It consolidates and enhances the consumer protection regime under Part 8 of the Enterprise Act 2002 (“EA 2002”). In particular, Chapter 4 gives the Competition and Markets Authority (“CMA”) extensive direct enforcement powers including the power to impose monetary penalties based upon the trader’s global turnover.’

Full Story

Henderson Chambers, 13th May 2025

Source: www.hendersonchambers.co.uk

The risks of internal social media – Blackstone Chambers

Posted May 14th, 2025 in news by sally

‘Employers are now generally aware of the risks public social media platforms can pose to their businesses in the form of controversial posts, complaints, reputational damage and disputes between colleagues. Less discussed are the risks posed by internal social media ie, messaging systems like Slack, the Teams and Zoom chat functions, interactive intranet pages and internal message boards.’

Full Story

Blackstone Chambers, 12th May 2025

Source: www.employeecompetition.com

Provision of child play spaces should be duty in English planning law, MPs say – The Guardian

Posted May 14th, 2025 in news by sally

‘A duty to provide space for children to play on new developments should be embedded in planning law, MPs and campaigners have said.’

Full Story

The Guardian, 13th May 2025

Source: www.theguardian.com

The reality of court accessibility for wheelchair users – Farrar’s Building

Posted May 14th, 2025 in news by sally

‘In January 2024, after several years of extensive planning and renovations, Farrar’s Building became one of the first sets in the Temple with wheelchair access to all floors and facilities suitable for wheelchair users. This will rightly allow wheelchair users and those with mobility issues to access Chambers.’

Full Story

Farrar's Building, 7th May 2025

Source: www.farrarsbuilding.co.uk

Overview of the Family Justice Council Guidance on Neurodiversity – Garden Court Chambers

Posted May 14th, 2025 in news by sally

‘Blog by Will Bulman of the Garden Court Family Law Team, which provides an overview of The Family Justice Council (FJC) Guidance on Neurodiversity in the Family Justice System for practitioners.’

Full Story

Garden Court Chambers, 14th May 2025

Source: gardencourtchambers.co.uk

Capacity to enter into a prenuptial agreement – Kingsley Napley Family Law Blog

Posted May 14th, 2025 in news by sally

‘In this blog we consider whether a pre-nuptial agreement is a good option to help protect the estates of vulnerable individuals in the event that their marriage should come to an end.’

Full Story

Kingsley Napley Family Law Blog, 13th May 2025

Source: www.kingsleynapley.co.uk

Peter Sullivan has murder conviction quashed after 38 years in jail – The Guardian

Posted May 14th, 2025 in news by sally

‘A 68-year-old man who has spent 38 years in jail has had his murder conviction quashed at the court of appeal in what is thought to be the longest-running miscarriage of justice in British history.’

Full Story

The Guardian, 13th May 2025

Source: www.theguardian.com

High Court finds defamatory paedophile meanings in Paisley v Linehan judgment – Doughty Street Chambers

Posted May 14th, 2025 in news by sally

‘The High Court has handed down a preliminary trial judgment in Paisley v Linehan dealing with three statements published as comments written by subscribers on the Defendant’s Substack blog. It held that all three (known as publications 4(1)-(3)) were defamatory of the Claimant at common law: the first two conveyed that the Claimant was a paedophile and the third that the Claimant was party to a co-ordinated effort by child molesters who had adopted LGBT causes.’

Full Story

Doughty Street Chambers, 13th May 2025

Source: www.doughtystreet.co.uk

The convictions of Lucy Letby: should they be overturned? – The Guardian

Posted May 14th, 2025 in news by sally

‘When the former nurse was found guilty of murdering seven babies and attempting to murder seven others, a 1980s research paper was key to the prosecution’s case. But the author of the paper himself believes there has been a miscarriage of justice – and so too do other doctors.’

Full Story

The Guardian,14th May 2025

Source: www.theguardian.com

Anyone who assists self-harm could face five-year jail term under new plan – The Independent

Posted May 14th, 2025 in news by sally

‘Ministers are seeking to broaden the law to criminalise assisting self-harm online or in person.’

Full Story

The Independent, 13th May 2025

Source: www.independent.co.uk

NHS medical negligence liabilities hit £58.2bn amid calls to improve patient safety – The Guardian

Posted May 14th, 2025 in news by sally

‘The NHS’s total liabilities for medical negligence have hit an “astounding” £58.2bn amid ministers’ failure to improve patient safety, an influential group of MPs have warned.’

Full Story

The Guardian, 14th May 2025

Source: www.theguardian.com

GMC challenged in High Court after embolism death – BBC News

Posted May 14th, 2025 in news by sally

‘A legal challenge will be heard at the Royal Courts of Justice later on Wednesday about the role of physician associates (PA) in the NHS.’

Full Story

BBC News, 14th May 2025

Source: www.bbc.co.uk