The solicitors’ duty to advise on their own negligence – 4 New Square

Posted June 4th, 2025 in news by sally

‘In limited circumstances solicitors have a duty to advise their client that they may have been negligent. Allegations of breach of that duty normally arise in the context of claims which are brought after the normal six-year limitation period, and after three years from the date of knowledge. One may think that such claims would be rare, but in my experience they are not that unusual. There are, though, limited reported cases on the issue, and the recent case of Evans v Hughes Fowler Carruthers [2025] EWHC 481 (Ch) is therefore of some interest.’

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4 New Square, 22nd 22nd May 2025

Source: www.4newsquare.com

Environmental Law News Update – Six Pump Court

Posted June 4th, 2025 in news by sally

‘This week we cover:

– Thames Water – OfWat imposes its largest ever penalty;
– OfWat’s attack on Thames Water’s dividends.
– Climate protest – the 4 appeal cases about sentencing.
– Get ready for the Infrastructure Strategy: “NISTA” and Beyond.’

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Six Pump Court, 29th May 2025

Source: 6pumpcourt.co.uk

Foreign Judgments Part 1: Olsen v Finansiel Stabilitet A/S [2025] EWHC 42 (KB) – 12 King’s Bench Walk

Posted June 4th, 2025 in news by sally

‘In Part 1 of this two-part blog series on recognition and enforcement of foreign judgments, Alex Cornelius outlines the recent decision of Kerr J in Olsen v Finansiel Stabilitet A/S [2025] EWHC 42 (KB). Part 2 will provide a helpful practical guide to the main avenues for enforcing foreign judgments in England and Wales.’

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12 King's Bench Walk, 2nd June 2025

Source: 12kbw.co.uk

John Platts-Mills in privacy appeal providing comprehensive guidance on Rule 49 Orders – Devereux Chambers

Posted June 4th, 2025 in news by sally

‘In a far-ranging Judgment (XY v AB [2025] EAT 66), Mr Justice Cavanagh has reviewed the law relating to derogations from open justice in the Employment Tribunal as it relates to privacy orders under Rule 50 in Schedule 1 to The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“Rule 50”), the substance of which is now to be found in Rule 49 of The Employment Tribunal Procedure Rules 2024.’

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Devereux Chambers, 28th May 2025

Source: www.devereuxchambers.co.uk

Corporate Criminal Liability under the Crime and Policing Bill 2025: more confusion than clarity? – 25 Bedford Row

Posted June 4th, 2025 in news by sally

‘The Crime and Policing Bill 2025 creates a raft of new criminal offences from possession of blades, points, offensive blades weapons with intent, offences of child criminal exploitation, encouraging or assisting serious self -harm, concealing one’s identity at a protest, climbing on war memorials, child sexual abuse and online facilitation of child sexual exploitation (Clause 38). It also makes provision for the liability of bodies corporate for online facilitation of child sexual exploitation. Much of this is understandable, but in a less prominent part of the bill the proposed extension of corporate criminal liability arguably goes too far.’

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25 Bedford Row, 2nd June 2025

Source: www.25bedfordrow.com

The Barrell Jurisdiction: The Power to Alter a Decision at any time Prior to the Order being Perfected – Becket Chambers

Posted June 4th, 2025 in news by sally

‘Having previously written an Article on this website (May 2023) drawing attention to the little used Thwaite Jurisdiction and having alighted upon a very recent decision on appeal (March 2025) on the equally little used and somewhat similar Barrell Jurisdiction, it seemed apposite to draw attention to that too.’

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Becket Chambers, 2nd June 2025

Source: becket-chambers.co.uk

Family Law Newsletter – Spire Barristers

Posted June 4th, 2025 in news by sally

‘Family Law Newsletter – May 2025; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 23rd May 2025

Source: www.spirebarristers.co.uk

Time for Codification? – 4-5 Gray’s Inn Square

Posted June 4th, 2025 in news by sally

‘There are key differences in how expert evidence is approached between arbitration and litigation. Focusing on the appointment of experts and the subsequent duties, this article will analyse the differing approaches of the level of codification of an expert’s duties in English litigation and arbitration.’

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4-5 Gray's Inn Square, May 2025

Source: www.4-5.co.uk

Arbitration Act 1996: Section 67 and section 68 challenges in the English Commercial Court – 39 Essex Chambers

Posted June 4th, 2025 in news by sally

‘Sections 67 and 68 of the Arbitration Act 1996 (“AA 1996”) have long been the main escape valves for aggrieved parties in English-seated arbitrations. Section 67 permits challenges to awards based on substantive jurisdiction. Section 68 permits challenges based on serious irregularity affecting the tribunal, the proceedings or the award. These applications are notoriously difficult and have a very low success rate in the English Commercial Court. This is widely considered to reinforce the finality and efficiency of English-seated arbitrations and awards. By the Arbitration Act 2025 (“AA 2025”), section 67 has been amended as far as the scope of admissible evidence and the remedial powers of the court are concerned. These are significant amendments which are consistent with the strict approach of the English courts. There are also amendments affecting Section 68, but these are less far-reaching. Parties must be careful to avoid the impression that they are simply re-running merits arguments on which they lost in the arbitration. Dressing up merits arguments under the guise of jurisdiction or procedure will not do. Any credible section 67 or section 68 must be carefully tailored and focused. In the majority of cases, there will, on proper analysis, be no viable challenge.’

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39 Essex Chambers, 29th May 2025

Source: www.39essex.com

Mum to ‘fight for others’ after benefits death ruling – BBC News

Posted June 4th, 2025 in news by sally

‘A campaigning mother has promised to fight for other families after a coroner found her disabled daughter took her own life when her benefits were wrongly stopped.’

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BBC News, 3rd June 2025

Source: www.bbc.co.uk

Council ordered to undertake re-assessment of age of asylum seeker – Local Government Lawyer

Posted June 4th, 2025 in news by sally

‘The High Court has ordered Dorset Council to undertake a re-assessment of an asylum seeker’s age, which takes account of new evidence in the form of an Afghan national identity card and three reports relating to it.’

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Local Government Lawyer, 3rd June 2025

Source: www.localgovernmentlawyer.co.uk

“A Case of RUFF Justice” – Becket Chambers

Posted June 4th, 2025 in news by sally

‘If you thought HO v TL [2024] 2 FLR 175, a case about a hotel business was a form of nominative determinism then the same must be said of the case of FI v DO [2024] EWFC 384, a case about, you guessed it; a dog!’

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Becket Chambers, 2nd June 2025

Source: becket-chambers.co.uk

Antonia Layard: Darwall and the Public Life of Private Property – UK Constitutional Law Association

Posted June 4th, 2025 in news by sally

‘When wealthy landowners, Alexander and Diana Darwall, sued a national park authority to stop people pitching their tents on the Dartmoor Commons, few expected the dispute to take a constitutional turn. Yet this was the outcome of Darwall v Dartmoor National Park Authority[2025] UKSC 20, where the Supreme Court’s decisive rejection of the landowners’ claims turned on statutory interpretation, the right to protect private property and the principle of legality, as well as providing a confirmation that the Attorney General should be joined where public rights are at stake.’

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UK Constitutional Law Association, 4th June 2025

Source: ukconstitutionallaw.org

The Application of the Grindleford Criteria for Diagnosing Acoustic Shock Claims – Ropewalk Chambers

Posted June 4th, 2025 in news by sally

‘In Jonathan Bevan v. Ministry of Defence [2025] EWHC 1145 (KB), Mr. Bevan, a soldier, sought damages for alleged negligent exposure to excessive noise during his participation in testing Ajax armoured vehicles with the Household Cavalry Regiment from 2017 to 2020. Although the Defendant conceded a breach of duty, the trial centred on causation. The claim was ultimately dismissed but provides a useful insight into the approach to causation in acoustic shock claims.’

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Ropewalk Chambers, 29th May 2025

Source: ropewalk.co.uk

Mum must repay £50,000 she stole from daughters – BBC News

Posted June 4th, 2025 in news by sally

‘A mother has been ordered to pay back £50,000 inheritance she stole from her two daughters.’

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BBC News, 3rd June 2025

Source: www.bbc.co.uk

Police in England and Wales identify 287 child sexual exploitation cases for review – The Guardian

Posted June 4th, 2025 in news by sally

‘Police forces in England and Wales have identified a further 287 outstanding cases of alleged child sexual exploitation by rape gangs, Yvette Cooper has disclosed.’

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The Guardian, 3rd June 2025

Source: www.theguardian.com