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

HSE ordered to pay the entirety of the Defence’s costs for a prosecution which “should not have taken place” and was “starkly improper – Henderson Chambers

Posted May 23rd, 2025 in news by sally

‘HHJ Everett DL sitting in Chester Crown Court has ordered the HSE to pay total Defence costs of £587,382.76 pursuant to s.19(1) of the Prosecution of Offences Act 1985 and Regulation 3 of the Criminal Cases (General) Regulations 1986 on the basis that the fact and manner in which the prosecution was brought constituted an unnecessary or improper act or omission by the HSE. Counsel were instructed by Richard Crockford of FSW Law (formerly of Clyde & Co).’

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Henderson Chambers, 15th May 2025

Source: www.hendersonchambers.co.uk

Modernising the law of Wills – Farrar’s Building

Posted May 23rd, 2025 in news by sally

The Law Commission last week produced its final report on its consultation on the law of wills – the first comprehensive review of the law in this area in nearly 200 years. The project has been an ambitious and lengthy undertaking and proposes to modernise the law in a significant way. The accompanying Bill, if enacted, would aim to do following:

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Farrar's Building, 19th May 2025

Source: www.farrarsbuilding.co.uk

The Sentencing Council’s New Guidelines on Blackmail – Devon Chambers

Posted May 23rd, 2025 in news by sally

‘New sentencing guidelines came into force on the 1 st of April 2025 for the offence of Blackmail. This followed research into judges’ sentencing remarks, and small-scale qualitative research to gauge how the guidelines would work in practice.’

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Devon Chambers, May 2025

Source: devonchambers.co.uk

Sentencing Historic Sex Offences – Pump Court Chambers

Posted May 23rd, 2025 in news by sally

‘The Sentencing Children and Young People guideline is now a widely utilised mechanism for approaching youth offenders. However, this guideline is also essential to consider when an adult is being tried for historic sex offences, carried out in his or her childhood. In approaching sentence for these individuals, counsel must consider the overarching Sentencing Children and Young People guideline and review useful authorities offering guidance on how to address historic offending perpetrated when the Defendant was a youth.’

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Pump Court Chambers, 21st May 2025

Source: www.pumpcourtchambers.com

Managing Contact with Biological and Non-Biologically Related Adults: Challenges and Strategies in Prohibited Steps Order Applications – Five Pump Court Chambers

Posted May 23rd, 2025 in news by sally

‘This blog provides a brief overview of orders that can be made under Section 8 of the Children Act 1989. It will then consider prohibited steps orders in greater detail – what they are, what they can do, what they can’t do and who can apply for one.’

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Five Pump Court Chambers, 20th May 2025

Source: www.5pumpcourt.com

To vary or not to vary, that is the question… – Gatehouse Chambers

Posted May 23rd, 2025 in news by sally

‘In 56 Westbourne Terrace RTM Company Limited v Polturak and Ors [2025] UKUT 88 (LC), the Upper Tribunal provided much needed guidance on the approach to be taken when determining applications for a lease variation under section 35, Landlord and Tenant Act 1987.’

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Gatehouse Chambers, 19th May 2025

Source: gatehouselaw.co.uk

Police, Misadventure, and the Limits of Article 2: R (Robinson) v HM Assistant Coroner for Blackpool & Fylde [2025] EWHC 781 (Admin) – Parklane Plowden Chambers

Posted May 23rd, 2025 in news by sally

‘The High Court has provided important clarification on the circumstances in which Article 2 of the ECHR is automatically engaged following a death involving police contact.’

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Parklane Plowden Chambers, 16th May 2025

Source: www.parklaneplowden.co.uk

The Crown Court sitting as a Magistrates Court and the importance of due process – Mountford Chambers

Posted May 23rd, 2025 in news by sally

‘The Court of Appeal in Canatar [2025] EWCA Crim 611 exposed a series of procedural irregularities where Crown Court judges had exercised powers reserved to the Magistrates’ Court. Lord Justice Lewis’ judgment serves as a cautionary tale on the proper boundaries between judicial roles in our layered court system.’

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Mountford Chambers, 21st May 2025

Source: www.mountfordchambers.com

Court system in crisis as ‘jaw-dropping’ delays mean first trials listed for 2029 – The Independent

Posted May 23rd, 2025 in news by sally

‘Britain’s ailing courts system now has trials scheduled to open no sooner than 2029 – almost four years away – as the government struggles to tackle the lengthening backlog of cases, The Independent can reveal.’

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The Independent, 21st May 2025

Source: www.independent.co.uk

Can secret recordings be used as evidence in court? – Transparency Project

Posted May 23rd, 2025 in news by sally

‘If you record a meeting or conversation about your children, without people being aware you’re recording them, can you then produce and rely on that recording as part of your evidence to a family court?’

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Transparency Project, 22nd May 2025

Source: transparencyproject.org.uk

Experts ‘would refuse to take part’ in mandatory castration for sex offenders – The Guardian

Posted May 23rd, 2025 in news by sally

‘Leading experts on the use of chemical castration for managing sexual offenders have said they would refuse to be part of any programme in the UK that makes the intervention compulsory.’

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The Guaridan, 22nd May 2025

Source: www.theguardian.com

High Court allows council appeal against quashing of noise abatement notice, despite “unnecessary wording” in notice – Local Government Lawyer

Posted May 23rd, 2025 in news by sally

‘Enfield Council has successfully appealed against a district judge’s decision to quash a noise abatement notice issued pursuant to section 80(1) of the Environmental Protection Act 1990 over the “production of noisy music”.’

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Local Government Lawyer, 22nd May 2025

Source: www.localgovernmentlawyer.co.uk

Lucy Letby inquiry will release findings in early 2026, months later than planned – The Guardian

Posted May 23rd, 2025 in news by sally

‘An official report on the deaths and unexplained collapses of babies at a hospital where nurse Lucy Letby worked will be published early next year, months later than originally planned.’

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The Guardian, 22nd May 2025

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 22nd, 2025 in law reports by michael

Court of Appeal (Civil Division)

Bunyan (Valuation Officer) v Fridays Ltd [2025] EWCA Civ 666 (22 May 2025)

Boswell, R (On the Application Of) v Secretary of State for Energy Security and Net Zero [2025] EWCA Civ 669 (22 May 2025)

High Court (Administrative Court)

Kinghorn, Re (Review of Tariff) [2025] EWHC 1275 (Admin) (22 May 2025)

TJ Trading Express Ltd, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 1274 (Admin) (22 May 2025)

High Court (Chancery Division)

Segulah Medical Acceleration AB & Ors v Tripathi & Ors (Re Signifier Medical Technologies Ltd) [2025] EWHC 1228 (Ch) (22 May 2025)

Bargain Busting Ltd v Shenzhen SKE Technology Co Ltd & Ors [2025] EWHC 1239 (Ch) (21 May 2025)

Inspired Education Online Ltd v Crombie [2025] EWHC 1236 (Ch) (20 May 2025)

High Court (Commercial Court)

Nova Leipzig SARL v Gravity Fitness Ltd [2025] EWHC 1262 (Comm) (22 May 2025)

High Court (King’s Bench Division)

Hill v East Kent Hospitals University NHS Foundation Trust [2025] EWHC 1241 (KB) (22 May 2025)

Source: www.bailii.org

More community sentences in England and Wales could be ‘catastrophic’, warns watchdog – The Guardian

Posted May 22nd, 2025 in news by sally

‘Plans to allow thousands more criminals in England and Wales to serve their sentence in the community risk “catastrophic consequences” unless the Probation Service is overhauled, a watchdog has told the Guardian.’

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The Guardian, 21st May 2025

Source: www.theguardian.com

Spending watchdog report on family justice delays calls for system-wide assessment of key issues affecting performance – Local Government Lawyer

Posted May 22nd, 2025 in news by sally

‘Complex accountability arrangements and limited information on the biggest causes of delays in care proceedings make it difficult to target improvements to where they will have best effect, the National Audit Office has warned.’

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Local Government Lawyer, 21st May 2025

Source: www.localgovernmentlawyer.co.uk

Anna Christie v Mary Ward Legal Centre & Anor [2025] – Gatehouse Chambers

Posted May 22nd, 2025 in news by sally

‘HHJ Tindal (sitting as a Judge of the High Court) dismissed a claim by a leaseholder based upon allegedly negligent advice given to her in connection with forfeiture proceedings in 2012–13. Her claim was advanced against the law clinic and barrister who represented her in those forfeiture proceedings.’

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Gatehouse Chambers, 19th May 2025

Source: gatehouselaw.co.uk

Shabana Mahmood considers chemical castration for serious sex offenders – The Guardian

Posted May 22nd, 2025 in news by sally

‘Shabana Mahmood, the lord chancellor, is considering mandatory chemical castration for the most serious sex offenders, according to government sources.’

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The Guardian, 22nd May 2025

Source: www.theguardian.com