BAILII: Recent Decisions

Posted June 3rd, 2025 in law reports by michael

High Court (Chancery Division)

P�reti� v Eden Farm Srl [2025] EWHC 1349 (Ch) (03 June 2025)

Saleemi v Asif Parvez [2025] EWHC 1340 (Ch) (02 June 2025)

Saleemi v Parvez [2025] EWHC 1341 (Ch) (02 June 2025)

High Court (Commercial Court)

Home Long Income Fund v Knight Frank Llp [2025] EWHC 1345 (Comm) (03 June 2025)

High Court (Family Division)

M v A (No 2: Application to Set Aside Return Order) [2025] EWHC 1344 (Fam) (02 June 2025)

Source: www.bailii.org

Claiming Contribution in Mesothelioma Claims – A Commentary on URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 – Ropewalk Chambers

Posted June 3rd, 2025 in news by sally

‘History demonstrates that mesothelioma claims uniquely present particular issues which require careful attention. The nature of the claims throw up tensions unusual in many other types of claim. In cases of living victims, the Asbestos List requires such cases to progress to trial expeditiously, where possible. The same consideration, to facilitate recovery of damages during a Claimant’s lifetime, also lends itself to early settlement, at a time when the damages may still be utilised in the time left. Sometimes this means that cases are settled whilst a Claimant is still undergoing treatment for the cancer. In recent years, immunotherapy treatment has shown greater efficacy at holding the cancer at bay for a period of time. Thus, cases are often settled, in living claims, by adopting a construction to the settlement which allows for the cost of ongoing immunotherapy to be met by a Defendant insurer pursuant to mechanisms for payment, such as the recommendation of the treating oncologist, which allows treatment to proceed expeditiously. It is not uncommon in such settlements for the Defendant to reserve a right to return to court if it wishes to challenge the reasonableness of the treatment or its cost at a particular point (although in my experience such challenges are very rare). Thus, cases often are settled at a point where the full amount of damages which an insurer will have to meet is not yet entirely known. A settlement agreement or judgment may make awards in relation to calculable heads of damage but leave the cost of immunotherapy outstanding to be dealt with under the mechanism of the agreement or order.’

Full Story

Ropewalk Chambers, 27th May 2025

Source: ropewalk.co.uk

Supreme Court Hands Down Landmark BSA Decision in URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 – Tanfield Chambers

Posted June 3rd, 2025 in news by sally

‘In the first of two highly anticipated appeals on the Building Safety Act 2022 (the “BSA”) this year, the Supreme Court has just handed down its judgment in the matter of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21.’

Full Story

Tanfield Chambers, 23rd May 2025

Source: tanfieldchambers.co.uk

A Paradigm Case for Non-court Dispute Resolution | Jane Carter Writes – 5SAH

Posted June 3rd, 2025 in news by sally

‘The court’s duty to further the overriding objective by actively case managing has been given added impetus by the revisions to FPR Part 3 and Part 28 which came into effect on the 29 April 2024.’

Full Story

5SAH, 28th May 2025

Source: www.5sah.co.uk

CPS criticised for dropping assault charge after officer allegedly gave CPR while man was awake – The Guardian

Posted June 3rd, 2025 in news by sally

‘A leading academic of English literature has criticised prosecutors for dropping an assault charge against a police officer who allegedly gave him forceful chest compressions meant for a heart attack victim while he was awake.’

Full Story

The Guardian, 2nd June 2025

Source: www.theguardian.com

CJC calls for “light-touch regulation” of third-party litigation funding – Legal Futures

Posted June 3rd, 2025 in news by sally

‘The Civil Justice Council (CJC) working party on litigation funding today recommended the introduction of “light-touch regulation” through legislation.’

Full Story

Legal Futures, 2nd June 2025

Source: www.legalfutures.co.uk

The wrong sort of exclusive – Nearly Legal

Posted June 3rd, 2025 in news by sally

‘The claim was/is a housing conditions claim in respect of the property that was (though no longer) occupied by Ms Kaur and her household. That was Ms K, her partner and three adult children in a two storey, three bedroom terrace. The property was privately owned, and Birmingham had a licence to utilise the property as temporary accommodation for homeless applicants. Ms K was a homeless applicant to whom Birmingham had decided the full housing duty was owed, so this was s.193 accommodation.’

Full Story

Nearly Legal, 2nd June 2025

Source: nearlylegal.co.uk

Man fined after burning Qur’an outside Turkish consulate in London – The Guardian

Posted June 3rd, 2025 in news by sally

‘A man has been fined after he set fire to a Qur’an outside the Turkish consulate in London, in an act that was deemed “motivated at least in part by a hatred of Muslims” by a judge.’

Full Story

The Guardian, 2nd June 2025

Source: www.theguardian.com