Day: 30 June 2025

‘In Kindertons Ltd v Murtagh [2024] EWHC 471 (KB), which we examined in a July 2024 article (see tinyurl.com/29jetu66), the High Court upheld a non-party costs order (NPCO) against a credit hire company. The decision confirmed that the financial interest and control exercised by credit hire providers over proceedings can justify such orders, even in the absence of ‘but for’ causation. Turner J emphasised that the key test is whether justice requires such an order, with the credit hire company’s commercial interest and structural control over litigation being decisive factors. The Court of Appeal has now revisited and expanded upon these principles in the conjoined appeals of Tescher v Direct Accident Management Ltd and AXA Insurance UK Plc v Spectra Drive Ltd [2025] EWCA Civ 733. These judgments represent the most comprehensive appellate authority to date on the applicability of NPCOs in the context of credit hire litigation.’

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Law Society's Gazette, 27th June 2025

Source: www.lawgazette.co.uk

‘The aim of this paper is to challenge the argument that says, as judges are not elected, they have weaker or no democratic legitimacy when compared to legislators. This paper draws on dicta from Laws LJ, as he then was, in the Divisional Court case of Cart v Upper Tribunal, to offer two reasons why this is false. Call these the efficacy and equality principles of representation. The claim here is that without an independent judiciary, legislators cannot legislate or legislate in a way that applies equally. So, without an independent judiciary, the democratic legitimacy of a legislature is weakened or disappears. This argument makes a legal difference, but the kind of legal difference it makes varies between jurisdictions. This paper focuses on one difference the democratic legitimacy of judges makes in the UK: the extent to which Parliament can oust judicial review for error of jurisdiction.’

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Legal Studies, 17th June 2025

Source: www.cambridge.org

‘Eight men have been found guilty of a conspiracy to unlawfully obtain data from garages to sell on as potential leads for personal injury (PI) claims.’

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Legal Futures, 30th June 2025

Source: www.legalfutures.co.uk

‘On Friday 20 June 2025, the House of Commons gave the Third Reading to the Private Member’s Bill, the Terminally Ill Adults (End of Life) Bill, by 314 votes to 291; it had its first reading in the House of Lords on 23 June but the date of the second reading is yet to be announced. This post considers three aspects of the Bill: i] the events leading to Friday’s vote; ii] the responses of groups; and iii] the next stages of the Bill.’

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Law & Religion UK, 28th June 2025

Source: lawandreligionuk.com

‘Crown courts are at “breaking point” and there will be 100,000 outstanding criminal cases by 2028, a minister has warned, as the backlog reaches a new record high.’

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The Independent, 26th June 2025

Source: www.independent.co.uk

‘A man has been jailed for at least 40 years after being convicted of murdering a 14-year-old schoolboy with a samurai sword during a 20-minute rampage in east London.’

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BBC News, 27th June 2025

Source: www.bbc.co.uk

‘A group of 10 people are threatening a judicial review against the Judicial Conduct Investigations Office (JCIO) unless it investigates a judge’s alleged misogynistic and bullying behaviour.’

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Legal Futures, 30th June 2025

Source: www.legalfutures.co.uk

‘In U3 (AP) v Secretary of State for the Home Department [2025] UKSC 19, the Supreme Court has unanimously dismissed an appeal against a decision taken by the Special Immigration Appeals Commission (“SIAC”) relating to deprivation of citizenship and refusal of entry clearance on the basis of national security concerns.’

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UK Human Rights Blog, 27th June 2025

Source: ukhumanrightsblog.com

‘Calling someone a “Karen” is “borderline racist, sexist and ageist”, a tribunal judge has said.’

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The Guardian, 28th June 2025

Source: www.theguardian.com