Mother who murdered her two young sons, 2 and 5, in the bath is jailed – The Independent

Posted April 14th, 2025 in news by sally

‘A mother who killed her two young sons while in a psychotic state has been jailed for life.’

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The Independent, 11th April 2025

Source: www.independent.co.uk

Making a decision on mental capacity – Law Society’s Gazette

Posted April 14th, 2025 in news by sally

‘When does an individual lack mental capacity? Section 2(1) of the Mental Capacity Act 2005 (MCA) says ‘a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain’. And (per section 2(2)), it matters not whether the impairment or disturbance is permanent or temporary. Nevertheless, the capacity principles in section 1 of the MCA require (per section 1(2)) that a person must be assumed to have capacity unless it is established that he lacks capacity. Moreover (per section 1(4)): “A person is not to be treated as unable to make a decision merely because he makes an unwise decision.” ‘

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Law Society's Gazette, 11th April 2025

Source: www.lawgazette.co.uk

‘I didn’t trust the system’: lasting trauma of Windrush victim barred from UK for 10 years – The Guardian

Posted April 14th, 2025 in news by sally

‘Winston Jones, who for a decade was unable to return home from Jamaica, almost didn’t apply for compensation, fearing it was a trap.’

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The Guardian, 14th April 2025

Source: www.theguardian.com

Woman who smothered terminally ill dad sentenced – BBC News

Posted April 14th, 2025 in news by sally

‘A woman described as a “devoted daughter” has received a suspended prison sentence after she admitted the manslaughter of her terminally ill father.’

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BBC News, 11th April 2025

Source: www.bbc.co.uk

Council fined £200k after man injured installing town’s Christmas tree – Local Government Lawyer

Posted April 14th, 2025 in news by sally

‘Bury Metropolitan Borough Council has been fined £200,000 after an employee was injured while installing the town’s 20-foot Christmas tree.’

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Local Government Lawyer, 11th April 2025

Source: www.localgovernmentlawyer.co.uk

Bill to save British Steel plant becomes law after king’s approval – The Guardian

Posted April 14th, 2025 in news by sally

‘Proposals to save British Steel’s Scunthorpe blast furnaces have been granted royal assent after an extraordinary parliament sitting on Saturday.’

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The Gurdian, 12th April 2025

Source: www.theguardian.com

BAILII: Recent Decisions

Posted April 11th, 2025 in law reports by michael

Supreme Court

Glasgow City Council v X (Scotland) [2025] UKSC 13 (09 April 2025)

MSC Mediterranean Shipping Company SA v Conti 11 Container Schiffahrts-GmbH & Co KG MS “MSC Flaminia” [2025] UKSC 14 (09 April 2025)

Court of Appeal (Civil Division)

Clarke v Poole & Ors [2025] EWCA Civ 447 (11 April 2025)

Makeality Ltd v City Doggo Ltd & Anor [2025] EWCA Civ 400 (11 April 2025)

A (A Child), Re [2025] EWCA Civ 424 (10 April 2025)

Court of Appeal (Criminal Division)

BKM, R. v [2025] EWCA Crim 389 (11 April 2025)

High Court (Administrative Court)

Kenny-Levick, R (On the Application Of) v Commissioner of Police of the Metropolis (Determination as to Venue) [2025] EWHC 904 (Admin) (11 April 2025)

General Medical Council v Shah [2025] EWHC 899 (Admin) (11 April 2025)

Casey & Anor, R (On the Application Of) v Crawley Borough Council [2025] EWHC 887 (Admin) (10 April 2025)

AB, R (On the Application Of) v Bristol City Council [2025] EWHC 893 (Admin) (10 April 2025)

Smith & Anor v Secretary of State for Levelling Up, Housing and Communities & Anor [2025] EWHC 888 (Admin) (10 April 2025)

High Court (Chancery Division)

Dervis v Deniz [2025] EWHC 902 (Ch) (11 April 2025)

Kireeva & Anor v Clement Glory Ltd & Ors [2025] EWHC 890 (Ch) (11 April 2025)

OutsideClinic Ltd, In the Matter Of [2025] EWHC 875 (Ch) (11 April 2025)

High Court (King’s Bench Division)

Attersley v UK Insurance Ltd [2025] EWHC 884 (KB) (11 April 2025)

Qatar Investment and Projects Development Holding Co & Anor v Phoenix Ancient Art SA & Ors [2025] EWHC 898 (KB) (11 April 2025)

High Court (Technology and Construction Court)

MJS Projects (March) Ltd v RPS Consulting Services Ltd [2025] EWHC 831 (TCC) (09 April 2025)

Vitsoe Ltd v Waugh Thistleton Architects Ltd [2025] EWHC 850 (TCC) (03 April 2025)

Source: www.bailii.org

 

Can reasonable endeavours which avoid/overcome a force majeure event include a requirement to accept an offer of non-contractual performance? – St John’s Buildings

Posted April 11th, 2025 in news by sally

‘This case note considers the Supreme Court judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18.’

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St John's Buildings, April 2025

Source: stjohnsbuildings.com

Regulating Artificial Intelligence: An essay by Joshua Daley – St John’s Buildings

Posted April 11th, 2025 in news by sally

‘There is little dispute that AI should be regulated. The UK government agrees,1 divisive tech moguls like Elon Musk and Mark Zuckerberg agree,2 even AI itself agrees that “regulating Artificial Intelligence is crucial.”3 The perennial problem, is how. The following paper will argue that the UK should create a dedicated domestic AI Regulator (‘the Regulator’) which categorises AI systems based on their potential risk, concluding that the UK would derive significant benefits from shaping international regulatory standards.’

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St John's Buildings, 9th April 2025

Source: stjohnsbuildings.com

“What’s in a Name?” A Guide to Anonymity Orders in the Employment Tribunal – St Philips Barristers

Posted April 11th, 2025 in news by sally

‘What can you do if an employment claim would be jeopardised unless a person was granted anonymity?

The answer may be to apply for an anonymity order under Rule 49 of the Employment Tribunal Procedure Rules 2024. Those applications, however, face procedural and substantive hurdles as illustrated by the recent EAT decision in F v J.’

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St Philips, 9th April 2025

Source: st-philips.com

Varying leases under s35 Landlord & Tenant Act 1987 – Tanfield Chambers

Posted April 11th, 2025 in news by sally

‘Ceri Edmonds discusses applying to vary a lease under section 35 of the Landlord and Tenant Act 1987 and considers the decision in 56 Westbourne Terrace RTM Co Ltd v Polturak and others [2025] UKUT 88 (LC).’

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Tanfield Chambers, 10th April 2025

Source: tanfieldchambers.co.uk

Transparency Orders – but can a parent tell their own story? – Transparency Project

Posted April 11th, 2025 in news by sally

‘Since January the transparency order is ‘a thing’, in that courts will usually make one in every case where a reporter attends a hearing. Such orders allow the anonymised reporting of a hearing or a case by the media.’

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Transparency Project, 10th April 2025

Source: transparencyproject.org.uk

Skilled Worker Sponsor Licence: New Rules on Pay and Fees – Richmond Chambers

Posted April 11th, 2025 in news by sally

‘On 9 April 2025, new Immigration Rules under Appendix Skilled Worker came into force.’

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Richmond Chambers, 10th April 2025

Source: immigrationbarrister.co.uk

Intermediaries: There is no warrant for overlaying the test of necessity – St Ives Chambers

Posted April 11th, 2025 in news by sally

‘On 10 April 2025 the Court of Appeal handed down judgement in Re M (A Child: Intermediaries) [2025] EWCA Civ 440 in respect of an appeal arising from the refusal of a Mother’s application for intermediary assistance in care proceedings. For the purposes of the appeal, the Association of Lawyers for Children and the Family Law Bar Association were intervened.’

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St Ives Chambers, 10th April 2025

Source: www.stiveschambers.co.uk

No misconduct by Coleen Rooney lawyers, says judge – BBC News

Posted April 11th, 2025 in news by sally

‘Coleen Rooney’s lawyers did not commit misconduct over her costs in the so-called Wagatha Christie row with Rebekah Vardy, a High Court judge has ruled.’

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BBC News, 10th April 2025

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted April 10th, 2025 in law reports by michael

Court of Appeal (Civil Division)

M (A Child: Intermediaries) [2025] EWCA Civ 440 (10 April 2025)

Carter v Chief Constable of Essex Police [2025] EWCA Civ 367 (09 April 2025)

YVR, R (On the Application Of) v Birmingham City Council [2025] EWCA Civ 393 (08 April 2025)

Court of Appeal (Criminal Division)

Taylor, R. v [2025] EWCA Crim 450 (04 April 2025)

High Court (Administrative Court)

West Suffolk Council v Secretary of State for Levelling Up, Housing and Communities & Ors [2025] EWHC 861 (Admin) (10 April 2025)

Ismailov v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] EWHC 863 (Admin) (09 April 2025)

Georgescu v Constanta Tribunal, Romania [2025] EWHC 864 (Admin) (09 April 2025)

CPH, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 848 (Admin) (09 April 2025)

Maciuca v District Court of Bacau, Romania [2025] EWHC 766 (Admin) (08 April 2025)

High Court (Chancery Division)

McGuinness & Anor v Goldentree Financial Services PLC & Anor [2025] EWHC 870 (Ch) (10 April 2025)

Hunt v Oceania Capital Reserves Ltd & Ors [2025] EWHC 837 (Ch) (10 April 2025)

Grosvenor Property Developers v Portner Law Ltd [2025] EWHC 854 (Ch) (09 April 2025)

State Bank of India & Ors v Mallya [2025] EWHC 858 (Ch) (09 April 2025)

Free Grammar School of John Lyon v HM Attorney General (Supplemental Judgment) [2025] EWHC 849 (Ch) (09 April 2025)

Orchard & Anor v Dhillon [2025] EWHC 834 (Ch) (08 April 2025)

Nicholas & Ors v Thomas & Anor [2025] EWHC 752 (Ch) (08 April 2025)

Thomas & Anor v Jones & Anor [2025] EWHC 756 (Ch) (08 April 2025)

High Court (Commercial Court)

Watford Community Housing Trust v Arthur J Gallagher Insurance Brokers Ltd [2025] EWHC 743 (Comm) (08 April 2025)

High Court (Family Division)

B & Anor v A Local Authority & Ors [2025] EWHC 856 (Fam) (09 April 2025)

High Court (King’s Bench Division)

Vardy v Rooney [2025] EWHC 851 (KB) (10 April 2025)

Marwaha v Director of Border Revenue & Anor [2025] EWHC 869 (KB) (10 April 2025)

Scalora v Clarion Housing Association Ltd [2025] EWHC 882 (KB) (10 April 2025)

Jones v Griffiths & Anor [2025] EWHC 797 (KB) (09 April 2025)

Aluko v Barton [2025] EWHC 853 (KB) (09 April 2025)

Barry & Anor v Barry [2025] EWHC 819 (KB) (08 April 2025)

Source: www.bailii.org

High Court hands down ruling on assessment of housing needs and pre-2018 applications – Local Government Lawyer

Posted April 10th, 2025 in news by sally

‘The High Court has confirmed that duties in section 189A of the Housing Act 1996 apply to homelessness applications under its Part 7 even when made before the section came into force in April 2018, lawyers involved in a case brought against the London Borough of Hillingdon have said.’

Full Story

Local Government Lawyer, 10th April 2025

Source: www.localgovernmentlawyer.co.uk

Mental capacity and ‘opt out’ for organ donation: Principled presumptions? – Medical Law International

Posted April 10th, 2025 in news by sally

‘In recent years, Wales and England have introduced so-called ‘opt out’ organ donation systems with the passing of the Human Transplantation (Wales) Act 2013 and Organ Donation (Deemed Consent) Act 2019, respectively. Both Acts stipulate various excepted persons, including based on age, residency, and mental capacity. The mental capacity exception raises concerns as it is, we argue, at odds with our ordinary understanding of mental capacity per the Mental Capacity Act 2005. Whilst the Mental Capacity Act 2005 commits to a functionalist approach, the same cannot be said for the opt out legislation. Rather, both the opt out Acts create mental capacity exceptions that tacitly require the adoption of a status-based approach, which is reinforced by the accompanying Codes of Practice. This article therefore contributes to a body of literature that questions the supposed legal commitment to functionalism and to an aspect of the organ donation debate that has been neglected. We argue that the move to a status-based approach is a significant deviation and requires a clear supporting argument that remains absent. There is a short-term need, then, for the Codes of Practice relating to both the Mental Capacity Act 2005 and both opt out Acts to be revised and reduce the risk of confusion and error.’

Full Story

Medical Law International, 28th February 2025

Source: doi.org

City council successfully defends adult social care charging policy at Court of Appeal – Local Government Lawyer

Posted April 10th, 2025 in news by sally

‘Birmingham City Council’s financial turmoil meant it was entitled not to reduce its charges for adult social care and the local authority did not breach the public sector equality duty, the Court of Appeal has found, declining to overturn a ruling last year by Mrs Justice Collins Rice.’

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Local Government Lawyer, 10th April 2025

Source: www.localgovernmentlawyer.co.uk

Non-Traditional Families and the Tenacity of Motherhood: Re C (Surrogacy: Consent) and Re Z (Surrogacy: Step-Parent Adoption) – Modern Law Review

Posted April 10th, 2025 in news by sally

‘Re C (Surrogacy: Consent) and Re Z (Surrogacy: Step-Parent Adoption) recount one non-traditional family’s struggle for formal legal recognition. The subject child was born pursuant to a surrogacy arrangement entered into in the UK by a male couple and a woman. Post-birth, the surrogate maintained her agreement to the couple raising the child as their own but wanted more involvement in his life than the intended parents would support. Relations soured, and when the intended parents applied to be formally legally recognised as the child’s parents, the surrogate refused to give her consent – which is required by statute. In Re C (Surrogacy: Consent), the intended parents brought a human rights challenge to the statutory scheme for surrogacy, arguing that its absolute requirement for a surrogate’s consent interfered with theirs and the child’s rights under Article 8 of the European Convention on Human Rights. This being unsuccessful, in Re Z (Surrogacy: Step-Parent Adoption) they made a second bid to become their child’s legal parents, this time through adoption. Again, their application was unsuccessful. Taken together, these case outcomes and their ratio decidendi reveal the tenacious hold of motherhood on the legal imagination, and the problems this poses for non-traditional families.’

Full Story

Modern Law Review, 19th March 2025

Source: doi.org