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

Planning Court confirms that change to the design of HS2 Phase One is authorised under the High Speed Rail (London-West Midlands) Act 2017 – Landmark Chambers

Posted May 22nd, 2025 in news by sally

‘In a judgment handed down on 20 May 2025, Dove J has affirmed the decision of the Secretaries of State for Transport and for Levelling-Up, Housing, Communities and Local Government that works associated with an extended Bromford Tunnel are authorised by and enjoy the benefit of deemed planning permission under the High Speed Rail (London-West Midlands) Act 2017.’

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Landmark Chambers, 21st May 2025

Source: www.landmarkchambers.co.uk

Article by Khadim Al’Hassan – “Life, Dignity and Belief: Court Refuses to Authorise Withdrawal of Feeding in UCLH NHS Trust v AB [2025] EWCOP 16” – Park Square Barristers

Posted May 22nd, 2025 in news by sally

‘This judgment serves as a sobering reminder that decisions about life and death are not purely medical. They are, at their core, human judgments—rooted in respect for the individual’s voice, their beliefs, and their dignity as they define it.’

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Park Square Barristers, 20th May 2025

Source: www.parksquarebarristers.co.uk

Observations on two different public liability cases alleging breach of statutory duty under s.41 Highways Act 1980 (Duty to maintain highways maintainable at public expense) which gave rise to different outcomes – Pump Court Chambers

Posted May 22nd, 2025 in news by sally

‘As a matter of law, the burden of proving the injury and the circumstances of the accident, including the nature of the defect, lies on the Claimant. However, the burden of proof for the special defence under s.58 Highways Act 1980 lies on the Defendant.’

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Pump Court Chambers, 19th May 2025

Source: www.pumpcourtchambers.com

Select committee calls for statutory duty on DWP to safeguard vulnerable claimants – Local Government Lawyer

Posted May 22nd, 2025 in news by sally

‘The Department for Work and Pensions (DWP) should be subject to a new statutory duty to safeguard vulnerable claimants in a bid to fix its “deficient” safeguarding practices, according to the cross-party Work and Pensions Committee.’

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Local Government Lawyer, 21st May 2025

Source: www.localgovernmentlawyer.co.uk

Robert Mullins: For Women Scotland: Fastening the “Biological” Straitjacket – UK Constitutional Law Association

Posted May 22nd, 2025 in news by sally

‘In her excellent and informed critique of the Supreme Court’s judgment in For Women Scotland v The Scottish Ministers [2025] UKSC 16 (“FWS”), Crash Wigley notes that in its judgment the Court neglects to address several important issues, including the human rights consequences of the “biological sex” interpretation favoured by the Court. My own discussion of the judgment is meant to complement Wigley’s criticism. I will focus on more straightforward interpretive problems with the Court’s judgment, which support the conclusion that the Court could have pursued an interpretation of the statute compatible with Convention rights.’

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UK Constitutional Law Association, 22nd May 2025

Source: ukconstitutionallaw.org

Further High Court guidance for intended parents embarking on surrogacy arrangements – Kingsley Napley Family Law Blog

Posted May 22nd, 2025 in news by sally

‘The case concerned two applicants, Mr and Mrs K, who applied for a Parental Order in respect of a child, B, who had been born in the United States following a gestational surrogacy agreement. Mr and Mrs Z, as the legal parents of B in this country, both consented to Parental Orders being made in Mr and Mrs K’s favour.’

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Kingsley Napley Family Law Blog, 21st May 2025

Source: www.kingsleynapley.co.uk

Sighing at a colleague in frustration could be discriminatory, tribunal rules – The Guardian

Posted May 22nd, 2025 in news by sally

‘Sighing at a colleague at work in frustration could breach equality laws, an employment tribunal has ruled.’

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The Guardian, 21st May 2025

Source: www.theguardian.com