BAILII: Recent Decisions

Posted May 27th, 2025 in law reports by michael

Court of Appeal (Civil Division)

Mustaj v Secretary of State for the Home Department [2025] EWCA Civ 663 (23 May 2025)

Secretary of State for Health and Social Care & Ors v Lundbeck Ltd & Ors [2025] EWCA Civ 677 (23 May 2025)

High Court (Chancery Division)

Brooke Homes (Bicester Ltd) v Portfolio Property Partners Ltd & Ors [2025] EWHC 1305 (Ch) (27 May 2025)

Bhundia v Dhar (Re Five Delta Ltd – Insolvency Act 1986) [2025] EWHC 1227 (Ch) (23 May 2025)

High Court (Commercial Court)

Beograd Innovation Ltd v Somovidis [2025] EWHC 1182 (Comm) (27 May 2025)

High Court (Family Division)

A Local Authority v LB & Ors [2025] EWHC 1264 (Fam) (25 May 2025)

A, Re (Appeal: Findings of Fact) [2025] EWHC 1279 (Fam) (22 May 2025)

Source: www.bailii.org

Augustine v Data Cars Ltd – Blackstone Chambers

Posted May 27th, 2025 in news by sally

‘The Court of Appeal (Edis, Elisabeth Laing and Bean LJJ) has today handed down an important judgment on the proper approach to causation in the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTWRs), which implemented European law obligations contained in the Part-Time Work Directive 97/81 (PTWD).’

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Blackstone Chambers, 20th May 2025

Source: www.blackstonechambers.com

Covert Recordings in family law proceedings concerning children – Becket Chambers

Posted May 27th, 2025 in news by sally

‘The guidance has been issued because the courts are, on an increasingly frequent basis, being asked to consider recordings, which are made without the knowledge of the other parent, the child(ren) or professionals, as evidence within family proceedings. The lack of guidance hitherto has meant that there has been an inconsistent approach to the issue which it is hoped this guidance will remedy. It is also hoped that agencies may develop policies on overt recording that will obviate the perceived need for covert recordings of professionals.’

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Becket Chambers, 23rd May 2025

Source: becket-chambers.co.uk

Working-class imposterism in the law school: “I always have this in the back of my head that I’m expected to fail” – The Law Teacher

Posted May 27th, 2025 in news by sally

‘Working-class students have long faced classism in higher education (HE), particularly in so-called “elite” universities. The study and practice of law are renowned for their exclusive status, historically unwelcoming to those from diverse backgrounds, such as working-class people. Class status has also specifically been identified as a common cause of “imposter syndrome”. Similarly, law schools and elite HE institutions (HEIs) can catalyse “imposter syndrome” for those who do not naturally feel they belong at university. However, little attention has been paid to the intersection between class identity, the study of law and imposterism at university Attending university may be the first time students are confronted with the impact of their class status on their experiences and opportunities. Law schools and HEIs, in partnership with legal recruiters, must do more to tackle classism and celebrate class diversity to defeat imposterism. Through exploring conversations between working-class law school students within an elite HEI via Listening Rooms, this study highlights imposter related experiences of working-class law students and addresses a gap in the literature by critically intersecting these personal and professional identities. In doing so, this study makes a number of recommendations to positively embrace and enhance the class diversity of aspiring lawyers.’

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The Law Teacher, 22nd May 2025

Source: www.tandfonline.com

BSV Claims v Bittylicious and others – Blackstone Chambers

Posted May 27th, 2025 in news by sally

‘The Court of Appeal has handed down an important judgment in an appeal against the Competition Appeal Tribunal’s decision to strike-out parts of a collective proceedings claim said to be worth up to £9 billion. The judgment addresses the application of the “market mitigation rule” and loss of a chance doctrine to collective proceedings.’

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Blackstone Chambers, 22nd May 2025

Source: www.blackstonechambers.com

Would shorter prison sentences ‘spark a crime wave’? Here’s what the evidence says – The Independent

Posted May 27th, 2025 in news by sally

‘The final report of the Independent Sentencing Review has proposed the most significant reform of sentencing and punishment in England and Wales since the 1990s.’

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The Independent, 23rd May 2025

Source: www.independent.co.uk

Only a third of recommendations to tackle endemic racism in UK implemented – The Guardian

Posted May 27th, 2025 in news by sally

‘Only a third of the recommendations from major reports commissioned to tackle endemic racism in the UK over the past 40 years have actually been implemented, a Guardian investigation has found.’

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The Guardian, 25th May 2025

Source: www.theguardian.com

Judge blocks council bid to evict Romani family from car park site – Local Government Lawyer

Posted May 27th, 2025 in news by sally

‘Medway Council’s decision to issue a possession order requiring a family of travellers to leave a disused car park represented a “disproportionate interference” with their rights under article 8.2 of the European Convention on Human Rights, a County Court judge has found.’

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Local Government Lawyer, 23rd May 2025

Source: www.localgovernmentlawyer.co.uk

Data disputes: the scope for class actions – Blackstone Chambers

Posted May 27th, 2025 in news by sally

‘Collective proceedings before the UK’s specialist Competition Appeal Tribunal (CAT) are now worth a combined total of £160bn, it was reported earlier this year – a phenomenal increase from the reported figure of £4bn in 2021.’

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Blackstone Chambers, 23rd May 2025

Source: www.blackstonechambers.com

Family of 86-year-old beaten to death outraged by killer’s six-year sentence – The Guardian

Posted May 27th, 2025 in news by sally

‘The family of an 86-year-old beaten to death in a Somerset village have said her killer has escaped “a life sentence” after he was sentenced to six years in prison.’

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The Guardian, 23rd May 2025

Source: www.theguardian.com

Appointment of Conservative Party leader not challengeable under Human Rights Act – Administrative Court Blog

Posted May 27th, 2025 in news by sally

‘When the Conservative Party elected Liz Truss to be its leader in 2022, was it exercising a “public function” for the purposes of section 6 of the Human Rights Act, and was it therefore amenable to challenge under that Act? This was the question for the Court of Appeal in R (Tortoise Media) v Conservative Party [2025] EWCA Civ 673 (23 May 2025).’

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Administrative Court Blog, 23rd May 2025

Source: administrativecourtblog.wordpress.com

Prison violence harming rehabilitation – families – BBC News

Posted May 27th, 2025 in news by sally

‘Criminals at a prison where some cells have been locked down during the day due to serious violence could pose an even higher risk to the public when released, their families have warned.’

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BBC News, 27th May 2025

Source: www.bbc.co.uk

Taxi driver loses appeal to Crown Court over loss of licence – Local Government Lawyer

Posted May 27th, 2025 in news by sally

‘Lincoln Crown Court has rejected an appeal by a self-employed taxi driver over the revocation of his hire driver licence.’

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Local Government Lawyer, 22nd May 2025

Source: www.localgovernmentlawyer.co.uk

‘We thought we could change the world’: how an idealistic fight against miscarriages of justice turned sour – podcast – The Guardian

Posted May 27th, 2025 in news by sally

‘When a no-nonsense lecturer set up a radical solution to help free the wrongfully convicted in the UK, he was hopeful he could change the justice system. But what started as a revolution ended in acrimony.’

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The Guardian, 26th May 2025

Source: www.theguardian.com

New rules to come into force in all UK zoos for staff and visitors – The Independent

Posted May 27th, 2025 in news by sally

‘Zoos across Britain will be subject to new animal welfare regulations, requiring them to provide more spacious enclosures in a bid to end outdated practices.’

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The Independent, 26th May 2025

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted May 23rd, 2025 in law reports by michael

Court of Appeal (Civil Division)

The Manchester Ship Canal Company Ltd v Secretary of State for Environment, Food and Rural Affairs & Anor [2025] EWCA Civ 676 (23 May 2025)

Bhundia v Dhar (Re Five Delta Ltd – Insolvency Act 1986) [2025] EWHC 1227 (Ch) (23 May 2025)

Tortoise Media Ltd, R (On the Application Of) v Conservative and Unionist Party [2025] EWCA Civ 673 (23 May 2025)

Mustaj v Secretary of State for the Home Department [2025] EWCA Civ 663 (23 May 2025)

AY, R (On the Application Of) v Vale of Glamorgan County Borough County [2025] EWCA Civ 671 (22 May 2025)

KH, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 675 (22 May 2025)

Court of Appeal (Criminal Division)

Layden v R. [2025] EWCA Crim 659 (23 May 2025)

De Zoysa v R. [2025] EWCA Crim 668 (23 May 2025)

High Court (Administrative Court)

Scarrott, R (On the Application Of) v Chelmsford City Council [2025] EWHC 1244 (Admin) (23 May 2025)

Richards, R (On the Application Of) v Environment Agency [2025] EWHC 1269 (Admin) (23 May 2025)

EPX & Anor, R (On the Application Of) v Secretary of State for Defence [2025] EWHC 1277 (Admin) (22 May 2025)

Transport Action Network Ltd, R (On the Application Of) v Secretary of State for Transport [2025] EWHC 1273 (Admin) (22 May 2025)

High Court (Chancery Division)

Banner Universal Motion Pictures Ltd v Wiggin LLP & Anor (Re Extended Civil Restraint Order) [2025] EWHC 1287 (Ch) (23 May 2025)

London Trocadero (2015) LLP v Picturehouse Cinemas Ltd & Ors [2025] EWHC 1247 (Ch) (23 May 2025)

Glenn & Anor v Walker & Ors (Re Fifty Asset Management Ltd) [2025] EWHC 1286 (Ch) (23 May 2025)

High Court (Commercial Court)

Palmali Shipping SA v Litasco SA [2025] EWHC 1149 (Comm) (23 May 2025)

Deinon Insurance Brokers LLC v Reen [2025] EWHC 1263 (Comm) (22 May 2025)

High Court (Family Division)

A Local Authority v LB & Ors [2025] EWHC 1264 (Fam) (25 May 2025)

J v K & Anor [2025] EWHC 1268 (Fam) (21 May 2025)

G, Re (No. 2) (A Child: Return From USA) [2025] EWHC 1224 (Fam) (21 May 2025)

High Court (King’s Bench Division)

Logix Aero Ireland Ltd v Siam Aero Repair Company Ltd [2025] EWHC 1283 (KB) (23 May 2025)

El-Tawil v Larrinaga & Ors [2025] EWHC 1288 (KB) (23 May 2025)

JD Wetherspoon PLC v Burger (Re Consequential Matters) [2025] EWHC 1289 (KB) (23 May 2025)

Source: www.bailii.org

Judge rejects challenge by unregulated sperm donor to local authority proposals in care proceedings – Local Government Lawyer

Posted May 23rd, 2025 in news by sally

‘The Family Court has rejected a challenge by an unregulated sperm donor said to have fathered more than 180 around the world over proposals made by local authorities in two sets of care proceedings.’

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Local Government Lawyer, 22nd May 2025

Source: www.localgovernmentlawyer.co.uk

Court ruling on legal definition of a woman ‘misinterpreted’, Lady Hale says – The Guardian

Posted May 23rd, 2025 in news by sally

‘The supreme court’s ruling that the legal definition of a woman is based on biological sex “has been misinterpreted”, Brenda Hale has said.’

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The Guardian, 22nd May 2025

Source: www.theguardian.com

A Bar to Recovery? Catastrophic Injury and Conditions Precedent – Gatehouse Chambers

Posted May 23rd, 2025 in news by sally

‘The decision of His Honour Judge Pearce in Makin v Protec & QBE [2025] EWHC 895 (KB) is a significant High Court decision which considers whether the duty to notify timeously was a condition precedent under a policy of insurance.’

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Gatehouse Chambers, 20th May 2025

Source: gatehouselaw.co.uk

Digital remains and post-mortem privacy in the UK: what do users want? – International Review of Law, Computers and Technology

Posted May 23rd, 2025 in news by sally

‘The information age has led to extensive personal data aggregation, posing various challenges for posthumous privacy and digital remains. Users are often unaware of tools for managing their digital remains, laws in the area are predominantly silent or inadequate, and the scholarship has argued for appropriate legal and technological solutions. Our study of 1766 adult UK residents’ attitudes, the first in the UK, reveals a desire for control over digital remains but low awareness and utilisation of existing tools. These phenomena are known in the literature as “the posthumous privacy paradox” and “the inverted posthumous privacy paradox” – our data and findings offer strong evidence for future policy and law reform. Based on our findings, complemented by earlier theoretical and doctrinal research, our recommendations include law reforms in data protection, recognition of online tools for managing digital remains and a more comprehensive UK and EU-wide reform that encompasses several relevant areas of law.’

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International Review of Law, Computers and Technology, 20th May 2025

Source: www.tandfonline.com