BAILII: Recent Decisions

Posted June 12th, 2025 in law reports by michael

High Court (Administrative Court)

Chief Constable of Cambridgeshire Police, R (On the Application Of) v Crown Court at Peterborough [2025] EWHC 1452 (Admin) (12 June 2025)

Hilltop Experiences Ltd, R (On the Application Of) v Norfolk County Council [2025] EWHC 1447 (Admin) (12 June 2025)

High Court (Chancery Division)

Grijns v Grijns & Ors [2025] EWHC 1413 (Ch) (12 June 2025)

High Court (Commercial Court)

Cardiff City Football Club Ltd v McKay & Ors [2025] EWHC 1439 (Comm) (12 June 2025)

High Court (King’s Bench Division)

The Office Group Properties Ltd v Persons Unknown [2025] EWHC 1438 (KB) (12 June 2025)

Solicitors Regulation Authority Ltd & Ors v Khan [2025] EWHC 1378 (KB) (12 June 2025)

Source: www.bailii.org

Criminal Law in Healthcare (Part 1): Corporate Manslaughter – Goodmayes Hospital, Lucy Letby and Beyond – Doughty Street Chambers

Posted June 12th, 2025 in news by sally

‘Healthcare is grounded in the principle that clinicians must do no harm. Sometimes, that principle is so dramatically perverted that the criminal law must respond. In this two-part article series, Maya Sikand KC and Jordan Briggs consider the criminal and regulatory framework in healthcare in the context of patient safety. This first article describes the offence of corporate manslaughter, with a focus on the Lucy Letby case and the Goodmayes Hospital prosecution that concluded on 9 June 2025. The second article will consider the roles and impact of the Care Quality Commission and the Health and Safety Executive.’

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Doughty Street Chambers, 10th June 2025

Source: insights.doughtystreet.co.uk

Beyond PACCAR? Publication of the Civil Justice Council’s Review of Litigation Funding Final Report – Henderson Chambers

Posted June 12th, 2025 in news by sally

‘Two years on from the decision of the Supreme Court in R (on the application of PACCAR Inc & Others) v Competition Appeal Tribunal & Others [2023] UKSC 28 (PACCAR), the Civil Justice Council has published the Final Report following its Review of Litigation Funding. The Final Report recommends that new legislation be enacted to reverse the effect of PACCAR with respect to certain litigation funding agreements and to clarify the distinction between such agreements and contingency fee agreements.’

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Henderson Chambers, 11th June 2025

Source: www.hendersonchambers.co.uk

Rosie Muncer provides summary of case: A Local Authority v X (Attendance of Experts) [2025] EWFC 137, Mr Justice MacDonald – Park Square Barristers

Posted June 12th, 2025 in news by sally

‘This was an application in care proceedings pursuant to FPR 2010 r.25.9(2) for a direction that single joint experts attend to give oral evidence at trial, on the grounds it is necessary for them to do so in the interests of justice.’

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Park Square Barristers, 11th June 2025

Source: www.parksquarebarristers.co.uk

Suspended Sentences – Devon Chambers

Posted June 12th, 2025 in news by sally

‘The most recent update of the Independent Sentencing Review was published on 22nd May 2025 and addresses a number of issues, in particular highlighting the current pressures the prison estate is under in England and Wales and what could potentially be done to alleviate that.’

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Devon Chambers, June 2025

Source: devonchambers.co.uk

Patel v Patel – When executors of a Will cannot agree on funeral arrangements for a deceased, what can the Court do? – Farrar’s Building

Posted June 12th, 2025 in news by sally

‘The case, Patel v Patel [2025] EWHC 560 (Ch), provides a helpful reminder of the factors which the Court will consider when it is required to intervene in probate matters.’

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Farrar's Building, 9th June 2025

Source: www.farrarsbuilding.co.uk

Met pays damages to woman for failing to investigate rape claim against ex-husband – The Guardian

Posted June 12th, 2025 in news by sally

‘Scotland Yard has paid a five-figure sum to a woman after officers “brought the service into disrepute” for failing to investigate her report of rape by her ex-husband, the Guardian has learned.’

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The Guardian, 10th June 2025

Source: www.theguardian.com

Prompting Misconduct: When Lawyers Misuse AI – Mountford Chambers

Posted June 12th, 2025 in news by sally

‘James Lloyd discusses the judgment handed down on 6 June 2025 in Ayinde v London Borough of Haringey and Al-Haroun v Qatar National Bank [2025] EWHC 1383 (Admin), in which the Divisional Court issued a powerful warning to legal professionals about the risks of using generative artificial intelligence tools for legal research and drafting, and provided a stark reminder of the severe consequences for both lawyers and litigants who knowingly or inadvertently present ‘fake’ material to the court.’

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Mountford Chambers, 9th June 2025

Source: www.mountfordchambers.com

School wins village green challenge as High Court orders deletion of land from register – Local Government Lawyer

Posted June 12th, 2025 in news by sally

‘The High Court has taken the rare step of ordering a local authority to delete land from a village green register in a case brought by a school against Bristol City Council and a local campaigner.’

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Local Government Lawyer, 11th June 2025

Source: www.localgovernmentlawyer.co.uk

No sanction for doctor found guilty of misconduct in Martha’s rule case – The Guardian

Posted June 12th, 2025 in news by sally

‘A senior doctor who was found guilty of “misconduct which impairs his fitness to practise” in his treatment of 13-year-old Martha Mills will face no sanction due to “exceptional circumstances”.’

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The Guardian, 11th June 2025

Source: www.theguardian.com

The relevance of voluntariness when considering loss in negligence after BDW v URS – Gatehouse Chambers

Posted June 12th, 2025 in news by sally

‘In its anxiously awaited decision in URS Corporation Ltd v BDW [2025] UKSC 21, the Supreme Court considered issues arising from the ongoing challenge of remediating unsafe buildings following the Grenfell Tower tragedy and the passing of the Building Safety Act 2022. This article considers the issue of loss in negligence, the first ground of appeal tested in the Supreme Court.’

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Gatehouse Chambers, 9th June 2025

Source: gatehouselaw.co.uk

Police officer jailed for raping woman while off duty – The Independent

Posted June 12th, 2025 in news by sally

‘A police officer who raped a woman while off-duty has been jailed for five years.’

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The Independent, 11th June 2025

Source: www.independent.co.uk

Half-secret commissions – Expert Tooling and Automation Limited v. Engie Power Limited [2025] EWCA Civ 292 – Five Pump Court Chambers

Posted June 12th, 2025 in news by sally

‘Expert Tooling used a third-party energy broker (UW) to source, negotiate and execute its contracts with its energy provider, Engie. Engie paid UW a commission. Expert Tooling knew this but did not know the details – importantly, where the money would come from to pay that commission (it was added onto Expert Tooling’s unit price) [28] and how much the commission was.’

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Five Pump Court, 6th June 2025

Source: www.5pumpcourt.com

UK equalities watchdog: transgender people may be asked about gender status in workplace – The Guardian

Posted June 12th, 2025 in news by sally

‘Transgender people may be asked about their gender status in the workplace, the equalities watchdog has said, with its chair arguing people should “distinguish between rights in law, and a preference for things to be a certain way”.’

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The Guardian, 11th June 2025

Source: www.theguardian.com

Verity Trustees and the law of severance – is there a ‘second condition’? – Pensions Barrister

Posted June 12th, 2025 in news by sally

‘Against the backdrop of the Verity Trustees litigation, James McCreath of Wilberforce Chambers considers the conditions applicable to severance in cases of excessive execution of pension scheme powers.’

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Pensions Barriter, 12th June 2025

Source: www.pensionsbarrister.com

Leah Trueblood: An Injustice in the Law of Information Rights: Tortoise Media Ltd v Conservative Party and Unionist Party – UK Constitutional Law Association

Posted June 12th, 2025 in news by sally

‘In the summer of 2022, during the election process which Liz Truss would eventually win, Tortoise Media wrote to the Conservative Party’s CEO, Darren Mott, asking nine questions. Considering Tortoise Media had just successfully registered a tortoise called Archie, two overseas nationals, and one fictional person called ‘Margaret Roberts’ to vote for Britain’s next prime minister, they were understandably concerned about the integrity of the Party’s internal election processes. The Conservative Party declined to answer Tortoise Media’s questions replying, ‘the Party is not a public body and does not carry out public functions’ (Tortoise Media v Conservative Party [10]). Lang J, and then Fordham J, refused applications for judicial review, and now the Court of Appeal has as well.’

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UK Constitutional Law Association, 11th June 2025

Source: ukconstitutionallaw.org

Supreme Court refuses school permission to appeal in dispute over dismissal of employee for Facebook posts on teaching of “gender fluidity” – Local Government Lawyer

Posted June 12th, 2025 in news by sally

‘The Supreme Court has refused a school permission to appeal a ruling that the dismissal of a Christian employee constituted unlawful discrimination on the ground of religion or belief.’

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Local Government Lawyer, 10th June 2025

Source: www.localgovernmentlawyer.co.uk

French furniture expert and restorer guilty of fake 18th-century chair scam – The Guardian

Posted June 12th, 2025 in news by sally

‘A French furniture expert and a renowned restorer have been found guilty of conning the art world with a multimillion-euro scam in which they faked 18th-century chairs they claimed had adorned the rooms of historic figures including Marie Antoinette.’

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The Guardian, 11th June 2025

Source: www.theguardian.com

Advance decisions to refuse treatment – what (not) to do when it appears one may be in play – Mental Capacity Law and Policy

Posted June 12th, 2025 in news by sally

‘Re AB (ADRT: Validity and Applicability) [2025] EWCOP 20 (T3) is a (rare) example of a court having to grapple with advance decisions to refuse medical treatment. It is rare largely because ADRTs are rare, and also because (in my experience at least), issues relating to ADRTs are usually resolved outside court. The case has a very tangled and complex history, and important issues relating to whether the ADRT in question in fact ever existed in legal terms are still to be resolved.’

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Mental Capacity Law and Policy, 11th June 2025

Source: www.mentalcapacitylawandpolicy.org.uk