Girl, 11, who drowned at water park was unlawfully killed, coroner finds – The Guardian

Posted May 21st, 2025 in news by sally

‘An 11-year-old girl who drowned during a birthday party at a water park was a “beautiful, beaming beacon of light”, her father told an inquest where a coroner found she was unlawfully killed.’

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The Guardian, 20th May 2025

Source: www.theguardian.com

Watchdog calls for action on children’s care case delays in England and Wales – The Guardian

Posted May 21st, 2025 in news by sally

‘The proportion of children in England and Wales subject to care proceedings who are having to wait more than a year to have their case resolved has increased more than 17-fold in the last seven years, a watchdog has found.’

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The Guardian, 21st May 2025

Source: www.theguardian.com

Why evidence-based law? On the need to combine evidence with values to justify laws – The Theory and Practice of Legislaiton

Posted May 21st, 2025 in news by sally

‘Evidence-based law is increasingly being advocated as best practice, but its implementation remains limited. The distinctively normative nature of law gives reason to pause and consider the appropriateness of an evidence-based approach to law. In this paper, I argue that the distinctively normative nature of law makes it imperative to adopt an evidence-based approach. I support this by shedding light on the relations between evidence and values in the justification of laws. Understanding of the interrelations between evidence and values in the justification of laws helps us to understand the importance of an evidence-based approach to law and thereby motivate its implementation.’

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The Theory and Practice of Legislation, 19th May 2025

Source: www.tandfonline.com

Personal Injury & Clinical Negligence 2025 Case Update – part 1 – St Philips Barristers

Posted May 21st, 2025 in news by sally

‘In the first of a series of updates, Dan Jacklin has compiled an update on Personal Injury and Clinical Negligence cases which have been in the courts this year.’

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St Philips Barristers, 15th May 2025

Source: st-philips.com

Performing spatial justice in the shadow of Grenfell – Law and Humanities

Posted May 21st, 2025 in news by sally

‘On 14 June 2017 a fire broke out in Grenfell Tower on the Lancaster West Estate, social housing in North Kensington, London. In just a few hours, the fire spread rapidly through the tower block resulting in 72 deaths. Described as ‘one of the most deadly preventable disasters in recent British history’, the fire, which began in a fridge-freezer, spread rapidly to the external walls and consumed almost the entire building within a short time due to the Tower’s construction from wholly inappropriate materials: highly flammable combustible polyethylene cladding boards which had been installed on its exterior. Today the skeleton of what is left of the Tower is shrouded in a protective wrap. The Government has recently announced that it will demolish the Tower gradually, a decision which has been met with a mixed response from the local community: some see the Tower as a living memorial or ‘burial ground’ for those who were lost, but others argue that it is a painful reminder of tragedy and an ongoing safety risk.’

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Law and Humanities, 13th May 2025

Source: www.tandfonline.com

Jailed wife of ex-Tory councillor loses sentence appeal over Southport tweet – The Guardian

Posted May 21st, 2025 in news by sally

‘A childminder who was jailed for 31 months after calling for hotels housing asylum seekers to be set on fire after the Southport attacks has lost an appeal against her sentence at the court of appeal.’

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The Guardian, 20th May 2025

Source: www.theguardian.com

Clarifying the scope of the natural justice exception in the JRCA 2022’s Cart ouster – Administrative Court Blog

Posted May 21st, 2025 in news by sally

‘The Court of Appeal (Underhill LJ, with whom Peter Jackson and Elisabeth Laing LJJ agreed) has handed down an important judgment delineating the proper scope of the “natural justice exception” in s.11A(4)(c)(ii) of the Tribunal, Courts and Enforcement Act 2007 (“TCEA 2007”). Section 11A contains what is widely known as the Cart ouster clause. The natural justice exception provides that the stipulation in s.11A(2) and (3), that decisions by the Upper Tribunal about permission to appeal are final, will not apply where the Upper Tribunal “is acting or has acted in such a procedurally defective way as amounts to a fundamental breach of the principles of natural justice”.’

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Administrative Court Blog, 20th May 2025

Source: administrativecourtblog.wordpress.com

High Court grants law firm injunction to ban man from office – Legal Futures

Posted May 21st, 2025 in news by sally

‘The High Court has granted leading firm Clyde & Co an injunction banning a man from its Birmingham office after his repeated visits made staff feel “vulnerable and anxious”.’

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Legal Futures, 21st May 2025

Source: www.legalfutures.co.uk

Man who helped smuggle thousands of migrants into Europe jailed for 25 years – The Independent

Posted May 21st, 2025 in news by sally

‘A UK-based people smuggler who helped exploit migrants as part of a £12 million illegal boat crossing operation has been jailed for 25 years.’

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The Independent, 20th May 2025

Source: www.independent.co.uk

Woman jailed for taking fraudulent citizen tests – BBC News

Posted May 21st, 2025 in news by sally

‘A woman who used “an array of wigs” while completing UK citizenship tests for other people has been sentenced to more than four years in jail.’

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BBC News, 20th May 2025

Source: www.bbc.co.uk

Judges told to favour community alternatives over short prison sentences – The Guardian

Posted May 21st, 2025 in news by sally

‘Judges and magistrates in England and Wales will be told to move away from handing out short custodial sentences in favour of community-based alternatives in a long-awaited sentencing review to be announced on Thursday.’

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The Guardian, 20th May 2025

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 20th, 2025 in law reports by michael

Court of Appeal (Civil Division)

Chowdhury, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 656 (20 May 2025)

Connexus Homes Ltd v Weaver & Anor [2025] EWCA Civ 655 (20 May 2025)

Augustine v Data Cars Ltd [2025] EWCA Civ 658 (20 May 2025)

Great Jackson St Estates Ltd v Council of the City of Manchester [2025] EWCA Civ 652 (19 May 2025)

Awolowo v Awolowo & Anor [2025] EWCA Civ 641 (16 May 2025)

Court of Appeal (Criminal Division)

Connolly v R. [2025] EWCA Crim 657 (20 May 2025)

Hurley,R. v [2025] EWCA Crim 642 (16 May 2025)

High Court (Administrative Court)

Kerman, R (On the Application Of) v Charity Commission for England and Wales [2025] EWHC 1223 (Admin) (20 May 2025)

Hinkel v Simmons & Simmons LLP & Anor [2025] EWHC 1242 (Admin) (20 May 2025)

Fuller (Aka Wellesley) v Government of the United States of America [2025] EWHC 1252 (Admin) (20 May 2025)

Ross v Secretary of State for Housing, Communities and Local Government [2025] EWHC 1183 (Admin) (19 May 2025)

Karicka v Slovakian Judicial Authority [2025] EWHC 1234 (Admin) (19 May 2025)

Professional Standards Authority for Health and Social Care v Nursing And Midwifery Council & Anor [2025] EWHC 1215 (Admin) (19 May 2025)

London Borough of Enfield v Beckford [2025] EWHC 1218 (Admin) (19 May 2025)

Stoke Mandeville Parish Council, R (On the Application Of) v Buckinghamshire Council [2025] EWHC 1213 (Admin) (16 May 2025)

Siderise Insulation Ltd, R (On the Application Of) v Mayor and Burgesses of the Royal Borough of Kensington & Chelsea [2025] EWHC 1178 (Admin) (16 May 2025)

High Court (Admiralty Division)

Monford Management Ltd (Owners of the KIVELI) v Afina Navigation Ltd (Owners of the AFINA I) (Re Consequential Matters) [2025] EWHC 1210 (Admlty) (16 May 2025)

High Court (Chancery Division)

Petrofac Ltd, In the Matter Of [2025] EWHC 1250 (Ch) (20 May 2025)

Seymour v Ragley Trust Company Ltd & Ors [2025] EWHC 1099 (Ch) (19 May 2025)

High Court (Family Division)

G v B [2025] EWHC 1222 (Fam) (16 May 2025)

High Court (King’s Bench Division)

Foggoa v J Murphy & Sons Ltd & Ors [2025] EWHC 1246 (KB) (20 May 2025)

HM Solicitor General v Yaxley-Lennon [2025] EWHC 1237 (KB) (20 May 2025)

Clyde & Co LLP & Anor v Kennedy [2025] EWHC 1186 (KB) (19 May 2025)

High Court (Technology & Construction Court)

Lloyds Developments Ltd v Accor HotelServices UK Ltd [2025] EWHC 1238 (TCC) (20 May 2025)

Source: www.bailii.org

Putting the Brakes on Infrastructure? Judicial Review Challenges to HS2 and the Critique of ‘Litigant Power’ – Legal Studies

Posted May 20th, 2025 in news by sally

‘A growing critique regards judicial review as inhibiting infrastructure delivery on the basis of what I term “litigant power”, which may come to represent the dominant political critique of judicial review under the Labour administration. This differs from classic concerns of judicial power, focusing on how legal challenges by project opponents—notwithstanding their doctrinal outcome—can produce delay and embed a chilling overcaution among industry and policy makers. Having articulated the litigant power critique alongside judicial power, the article explores judicial review’s impacts on infrastructure delivery through a case study of the legal challenges to England’s High-Speed 2 railway project. I argue this litigation presents little evidence of judicial overreach, but in some ways supports litigant power concerns. Nevertheless, I suggest the litigant power critique risks oversimplification, especially in view of the radical reform often proposed, and it also downplays chilling effects associated with the constitution’s centralisation of government decision-making power.’

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Legal Studies, 19th May 2025

Source: academic.oup.com

Castle Water v Ofwat – Blackstone Chambers

Posted May 20th, 2025 in news by sally

‘On 13 May 2025, the CMA handed down its first determination in an appeal under section 207A of the Water Industry Act against a decision by Ofwat not to modify the Wholesale Retail Code (which governs the supply of water supply and sewerage services by retailers to non-household customers).’

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Blackstone Chambers, 19th May 2025

Source: www.blackstonechambers.com

Family criticises law change on paedophiles’ parental rights – BBC News

Posted May 20th, 2025 in news by sally

‘A family who went to court to protect a young girl from her paedophile father have criticised government legislation intended to help others in a similar position.’

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BBC News, 20th May 2025

Source: www.bbc.co.uk

The Jury is in: An Evaluation of an Experiential Court Assignment – Journal of Criminal Justice Education

Posted May 20th, 2025 in news by sally

‘This study evaluates the effectiveness of an experiential learning assignment designed for criminology and forensic psychology students, requiring them to attend a Crown Court trial in the public gallery or to engage with a virtual mock trial. 48 students were surveyed to measure the impact of experiential assignments in helping students better understand the module content, the criminal justice system and if the experience increased their motivation to continue with their course. Findings indicate strong student support for the assignment, with 81.3% stating it as valuable and 79.2% wanting more experiential learning opportunities in their criminal justice related courses. We found that in-person experiences received slightly higher student ratings, however, both in-person and virtual contributed positively to learning outcomes. We highlight the importance of experiential learning in improving student engagement, and real-world application of their degree.’

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Journal of Criminal Justice Education, 8th May 2025

Source: www.tandfonline.com

Drug smugglers caught with £37m of cocaine in inflatable boat are jailed – The Guardian

Posted May 20th, 2025 in news by sally

‘Two drug smugglers who tried to move tens of millions of pounds of cocaine into the UK using an inflatable boat have been jailed.’

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The Independent, 17th May 2025

Source: www.independent.co.uk

Analysing the legal meaning of ‘copying’ through an empirical study of UK substantial similarity copyright cases and psychological explanations of litigant trends – Journal of Intellectual Property Law and Practice

Posted May 20th, 2025 in news by sally

‘The substantial similarity test has been criticized as difficult to apply. Nevertheless, it plays a central role in deciding the extent to which works similar to existing copyright works are improper copies or new works that should be allowed. This article provides an empirical analysis of UK substantial similarity copyright cases, contributing to this discussion by revealing how this test is applied in practice. What type of substantial similarity copyright cases tend to be brought by litigants, what factors are relevant in the judgments and what patterns of claimant and defendant losses are revealed?’

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Journal of Intellectual Property Law and Practice, 12th May 2025

Source: academic.oup.com

Family Justice Council issues guidance on covert recordings in family law proceedings – Local Government Lawyer

Posted May 20th, 2025 in news by sally

‘The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves on the use of covert recordings in family law proceedings.’

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Local Government Lawyer, 19th May 2025

Source: www.localgovernmentlawyer.co.uk

London Local Authorities Act 1990 – legislation.gov.uk

Posted May 20th, 2025 in legislation by sally

London Local Authorities Act 1990

Source: www.legislation.gov.uk