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

Arbitral tribunal panels lacking in diversity, IBA finds – Legal Futures

Posted May 22nd, 2025 in news by sally

‘There is “a strong consensus” that ethnic diversity is good for arbitrations – but little evidence of this being reflected in the make-up of panels, a report for the International Bar Association (IBA) has found.’

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Legal Futures, 22nd May 2025

Source: www.legalfutures.co.uk

Chagos deal paused by last-minute legal action – BBC News

Posted May 22nd, 2025 in news by sally

‘The government has temporarily been banned from concluding talks on the Chagos Islands deal by a last-minute injunction by a High Court judge.’

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BBC News, 22nd May 2025

Source: www.bbc.co.uk

Teacher and barrister who ran abusive home cannot be identified, high court rules – The Guardian

Posted May 22nd, 2025 in news by sally

‘A primary school teacher smashed their adoptive children’s heads together, forced them to swallow soap and called one of them a “black bastard”.’

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The Guardian, 21st May 2025

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 21st, 2025 in law reports by michael

Supreme Court

Darwall & Anor v Dartmoor National Park Authority [2025] UKSC 20 (21 May 2025)

URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 (21 May 2025)

Court of Appeal (Civil Division)

BSV Claims Ltd v Bittylicious Ltd & Ors [2025] EWCA Civ 661 (21 May 2025)

O, Re (Summary Return: Non-Convention Country) [2025] EWCA Civ 660 (21 May 2025)

High Court (Administrative Court)

North Warwickshire Borough Council v Secretary of State for Transport & Anor [2025] EWHC 1248 (Admin) (20 May 2025)

High Court (Patents Court)

Samsung Bioepis UK Ltd v Alexion Pharmaceuticals Inc [2025] EWHC 1240 (Pat) (20 May 2025)

High Court (King’s Bench Division)

JD Wetherspoon PLC v Burger [2025] EWHC 1259 (KB) (21 May 2025)

Hodgson v Hammond (Re Breach of Duty) [2025] EWHC 1261 (KB) (20 May 2025)

Source: www.bailii.org

Supreme Court backs wild camping on Dartmoor – BBC News

Posted May 21st, 2025 in news by sally

‘The legal right to wild camp on Dartmoor has been upheld by the Supreme Court, external in a decision that is likely to reignite the debate over public access to land in England.’

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BBC News, 21st May 2025

Source: www.bbc.co.uk

NAO: Family justice at risk from “inconsistent political leadership” – Legal Futures

Posted May 21st, 2025 in news by sally

‘A “lack of consistent political leadership” – because of the high turnover of ministers chairing the Family Justice Board (FLB) – has contributed to the continuing court delays facing families, the National Audit Office (NAO) has found.’

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Legal Futures, 21st May 2025

Source: www.legalfutures.co.uk

Stigma of poor mental health – the need for early intervention before care proceedings – Spire Barristers

Posted May 21st, 2025 in news by sally

‘In this article, Francesca Massarella suggests there should be a change in the way poor mental health is perceived and approached, particularly before the point of care proceedings being issued.’

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Spire Barristers, 12th May 2025

Source: www.spirebarristers.co.uk

The Jury is in: An Evaluation of an Experiential Court Assignment – Journal of Criminal Justice Education

Posted May 21st, 2025 in news by sally

‘This study evaluates the effectiveness of an experiential learning assignment designed for criminology and forensic psychology students, requiring them to attend a Crown Court trial in the public gallery or to engage with a virtual mock trial. 48 students were surveyed to measure the impact of experiential assignments in helping students better understand the module content, the criminal justice system and if the experience increased their motivation to continue with their course. Findings indicate strong student support for the assignment, with 81.3% stating it as valuable and 79.2% wanting more experiential learning opportunities in their criminal justice related courses. We found that in-person experiences received slightly higher student ratings, however, both in-person and virtual contributed positively to learning outcomes. We highlight the importance of experiential learning in improving student engagement, and real-world application of their degree.’

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Journal of Criminal Justice Education, 8th May 2025

Source: www.tandfonline.com

Remediation Contribution Orders Under the Building Safety Act 2022 – Part One – Parklane Plowden Chambers

Posted May 21st, 2025 in news by sally

‘Remediation contribution orders (RCOs) and their operation under section 124 of the Building Safey Act are a clear example of how first-tier tribunals are interpreting new statutory mechanisms.’

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Parklane Plowden Chambers, 14th May 2025

Source: www.parklaneplowden.co.uk

Differences between restrictive practices applied to men and women in UK secure mental health services – The Journal of Forensic Psychiatry and Psychology

Posted May 21st, 2025 in news by sally

‘Restrictive practices are intentional interventions used by mental health professionals with the aim of managing the risk of harm posed by patients, but have been associated with a number of harmful consequences for those who experience them. The current study aimed to explore differences in how restrictive interventions and restrictive practices more broadly were used between men and women who had been detained in secure mental health services in England and Wales, with the intention to inform policy and practice directed at developing gender-sensitive mental health services and to facilitate reduced use of restrictive practices. The sample for the study was 249 patients (203 men, 46 women) detained in low, medium, and high secure services in England and Wales. Analysis revealed significant differences in the way in which restrictive practices including observations, physical restraint, and restricted access were used with men and women. To our knowledge, few studies have previously set out to compare restrictive practices between men and women explicitly. Fewer studies still have considered the broader, day-to-day restrictive practices in place in secure mental health services. Our findings have implications for forensic mental health practice, research, and policy.’

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The Journal of Forensic Psychiatry and Psychology, 19th May 2025

Source: www.tandfonline.com