Category: news

‘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

‘An MP has raised alarm at the slow pace of a scheme to compensate LGBT service personnel dismissed or discharged from the forces because of their sexuality, saying that at the current rate it could take more than a decade to complete the process.’

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The Guardian, 27th June 2025

Source: www.theguardian.com

‘The Court of Appeal (Dingemans, Lewis and Nicola Davies LJJ) has refused Liberty’s application for permission to appeal against the High Court’s (Swift J) refusal of their application for permission to judicially review the length of the EHRC’s Code of Practice consultation. The consultation was commenced on 20 May 2025, following the Supreme Court’s judgment in For Women Scotland Ltd v Scottish Ministers [2025] UKSC 16, [2025] 2 WLR 879 (“FWS”), concerning the meaning of sex in the Equality Act 2010 on 16 April 2025. The consultation is due to end on 30 June 2025. The blog has earlier reported on the ex-tempore decision of Swift J on 6 June 2025.’

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Administrative Court Blog, 26th June 2025

Source: administrativecourtblog.wordpress.com

‘Black children detained by police are 15% more likely to be “criminalised”, that is charged and put into the criminal justice system, than white children detained for similar types of offences, a study has found.’

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The Guardian, 27th June 2025

Source: www.theguardian.com

‘Over 30 years have passed since the House of Lords handed down its seminal decision in Pepper v Hart. That decision made it possible, under tightly construed circumstances, for judges to consider Hansard materials when approaching the construction of a statutory provision. Perhaps surprisingly, there has been as of yet no empirical study into the workings of this important judicial tool. This article seeks to redress this deficiency. Using a bespoke dataset compiling information from 427 judgments, this article answers a number of important questions relating to the use of Pepper v Hart, and uncovers relevant trends and tendencies in the case law. It explains how often Pepper v Hart is invoked and how stringent the criteria have been applied in practice, whether the invocation of Pepper v Hart has changed over time, and which courts are most likely to make use of this power. Some reflections on the overall legacy of Pepper v Hart are offered to conclude.’

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Statute Law Review, 14th June 2025

Source: academic.oup.com

‘The City watchdog is considering scrapping rules meant to protect struggling homeowners from having their homes repossessed, in the latest sign of regulators reacting to pressure from the chancellor, Rachel Reeves, to remove red tape for businesses.’

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The Guardian, 26th June 2025

Source: www.theguardian.com

‘A man who was jailed for harassing broadcaster Emily Maitlis over several decades has been sentenced for breaching restraining orders while in prison.’

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BBC News, 26th June 2025

Source: www.bbc.co.uk

‘Two police officers who were involved in the strip-search of a black teenager at her school have been dismissed after they were found to have committed gross misconduct.’

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The Guardian, 26th June 2025

Source: www.theguardian.com

‘Criminal trials over the Post Office Horizon IT scandal may not start until 2028, the police officer leading the investigation has told the BBC.’

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BBC News, 27th June 2025

Source: www.bbc.co.uk

‘A King’s Bench master has ordered an NHS trust to comply with a requirement that it provide a witness statement explaining why it had not engaged with proposed ADR.’

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Legal Futures, 27th June 2025

Source: www.legalfutures.co.uk

‘A nurse found guilty 17 years ago of murdering four elderly patients has been unsuccessful in an attempt to appeal against his convictions.’

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The Guardian, 26th June 2025

Source: www.theguardian.com

‘In 2020, Awaab Ishak passed away at 2 years of age due to being exposed to damp and mould in their home. The findings of his inquest led to a national outcry, calls for a reckoning, and ultimately, his tragedy lit the match of reform in what is now known as “Awaab’s Law”.’

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Park Square Barristers, 26th June 2025

Source: www.parksquarebarristers.co.uk