The long arm of SC: legislative deference in the employment law context – Administrative Court Blog

Posted January 20th, 2026 in news by Simon

‘The Court of Appeal recently (15 January 2026) handed down its judgment in the case of Rubery v Ministry of Defence [2026] EWCA Civ 8. Elisabeth Laing LJ gave the lead judgment; Peter Jackson and Bean LJJ concurred. The Court, agreeing with the decision of the Employment Appeal Tribunal, found that the Employment Tribunal had been wrong at first instance to find that provisions of the Equality Act 2010 which limited the ability of members of the armed forces to bring discrimination complaints breached Article 14 of the European Convention on Human Rights (ECHR). The Employment Tribunal had also been wrong to employ section 3 of the Human Rights Act (HRA) to “read in” a provision to cure the problem.’

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Administrative Court Blog, 19th January 2026

Source: administrativecourtblog.wordpress.com

Expanding the scope of Article 6 ECHR for compensation scheme eligibility disputes – Administrative Court Blog

Posted January 20th, 2026 in news by Simon

‘The Court of Appeal (Lewis, Peter Jackson, and Stuart-Smith LJJ) has affirmed the High Court’s conclusion that an application to the Windrush Compensation Scheme (“the WCS”) does not involve the determination of any civil dispute in the Article 6 ECHR sense. However, in a lengthy obiter judgment involving an impressive review of the Strasbourg case law, and disagreeing with the High Court, Lewis LJ concludes in his lead judgment that a genuine dispute over WCS eligibility can involve the determination of an Article 6 civil right. The case is R (Oji) v The Director of Legal Aid Casework [2026] EWCA Civ 11.’

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Administrative Court Blog, 19th January 2026

Source: administrativecourtblog.wordpress.com

Senior president of tribunals warns of increased abuse towards tribunal judges in annual report – Law Society Gazette

Posted January 20th, 2026 in news by Simon

‘The senior president of tribunals, Lord Justice Dingemans, has spoken of “unwarranted” media commentary, judges’ safety and a 2027 date for the Home Office’s plans for a body of assessors to take decisions on asylum appeals in his first annual report.’

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Law Society Gazette, 17th January 2026

Source: www.lawgazette.co.uk

Judicial use of AI and risk of gender bias – Counsel

Posted January 20th, 2026 in news by Simon

‘The judiciary is familiar with addressing bias but GenAI presents new challenges. Sophie Mitchell examines how, why and when gender bias might present itself in judicial use of AI tools and calls for urgent debate’

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Counsel, 16th January 2026

Source: www.counselmagazine.co.uk

Pepper spray use at young offender institutions in England ruled legal – The Guardian

Posted January 20th, 2026 in news by Simon

‘An attempt to halt the use of pepper spray on children held in young offender institutions (YOIs) has failed after the high court ruled on Monday that the weapon’s rollout was lawful.’

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The Guardian, 19th January 2026

Source: www.theguardian.com

High Court extends illegal car meet-ups injunction – BBC News

Posted January 20th, 2026 in news by Simon

‘Unauthorised car meet-ups will be banned in a north London borough for another year after the High Court extended an injunction.’

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BBC News, 20th January 2026

Source: www.bbc.co.uk

£16,000 private jet to extradite HSTikkyTokky ‘not necessary’, judge tells Surrey police – The Guardian

Posted January 20th, 2026 in news by Simon

‘Using a £16,000 private flight to extradite a TikTok influencer wanted on dangerous driving charges back to the UK was “not necessary or proportionate”, a judge has told Surrey police.’

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The Guardian, 16th January 2026

Source: www.theguardian.com

Female nurses win employment case over NHS changing-room use by trans colleague – The Guardian

Posted January 20th, 2026 in news by Simon

‘A group of nurses who complained about a trans colleague using single-sex changing rooms at work suffered harassment, an employment tribunal judge has ruled.’

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The Guardian, 16th January 2026

Source: www.theguardian.com

Administrative Court Overturns NMC Strike-Off: Key Lessons for Regulators and Prosecutors – Kingsley Napley Regulatory Blog

Posted January 19th, 2026 in news by sally

‘The High Court has quashed a Nursing and Midwifery Council (NMC) decision to strike off a nurse following a review hearing.’

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Kingsley Napley Regulatory Blog, 16th January 2026

Source: www.kingsleynapley.co.uk

Government pulls amendment to Hillsborough law after backlash – The Guardian

Posted January 19th, 2026 in news by sally

‘The government has pulled an amendment to its proposed Hillsborough law amid concerns from campaigners and MPs that the legislation was being watered down and had become a “car crash” for the government.’

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The Guardian, 18th January 2026

Source: www.theguardian.com

Ananya Kumar-Banerjee: The Tameside Duty Under the Adults At Risk Policy – UK Constitutional Law Association

Posted January 19th, 2026 in news by sally

‘In addition to challenging the role of the European Court of Human Rights in immigration issues, the current Secretary of State for the Home Department (“SSHD”) has proposed limits to the domestic judiciary’s role as regards immigration decisions. Despite this, the judiciary’s role overseeing the SSHD’s decisions in regard to detention of migrants remains significant. A recent case suggests that when the SSHD makes detention decisions, in certain cases she is under a more onerous duty of inquiry than previously thought. This highlights the extent to which the court’s oversight on detention decisions remains significant, even as its powers on immigration generally are being challenged. The case, R (AH and IS) v SSHD [2025] EWHC 3269 (Admin) (“AH”), clarifies the scope of the SSHD’s Tameside duty of inquiry when making the decision to detain individuals under immigration powers where there is prima facie evidence they have severe mental health issues.’

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UK Constitutional Law Association, 19th January 2026

Source: ukconstitutionallaw.org

Court orders LeO to reconsider decision due to missed evidence – Legal Futures

Posted January 19th, 2026 in news by sally

‘The Legal Ombudsman (LeO) has been ordered to reconsider part of its findings of poor service by a direct access barrister after it overlooked a key piece of evidence.’

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Legal Futures, 19th January 2026

Source: www.legalfutures.co.uk

Woman hunted and killed e-bike rider in her car in tragic ‘case of mistaken identity’ – The Independent

Posted January 16th, 2026 in news by sally

‘A woman who hunted an e-bike rider in her Range Rover, killing him in a case of mistaken identity, has been jailed for life with a minimum term of 35 years for murder.’

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The Independent, 16th January 2026

Source: www.independent.co.uk

Man v St George’s University Hospital NHS Foundation Trust [2024] EWHC 1304 (KB) – St John’s Chambers

Posted January 16th, 2026 in news by sally

‘Clinical negligence defences frequently adopt a boiler plate approach of non-admissions and putting claimants to proof. In this article, Michael Rivelin of Clinical Negligence team, will be focusing on Man v St George’s [2024], and how claimants can capitalise on these defences.’

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St John's Chambers, 8th January 2026

Source: www.stjohnschambers.co.uk

By-passing the effects of s.346(1) of the Insolvency Act 1986 following the bankruptcy of a judgment debtor – Tanfield Chambers

Posted January 16th, 2026 in news by sally

‘Sami Allan explores the decision in Stacks Living Limited & ors v The Official Receiver (as Trustee in Bankruptcy of Balvinder Shergill) & ors [2025] EWHC 2478 (Ch) and the potential to avoid the effects of a judgment debtor’s bankruptcy for the purposes of enforcing a judgment debt.’

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Tanfield Chambers, 9th January 2026

Source: tanfieldchambers.co.uk

Artist loses WhatsApp test case in battle to prove ex husband signed £1.5m house to her – The Independent

Posted January 16th, 2026 in news by sally

‘An artist who claimed her ex-husband signed over their £1.5m home to her via WhatsApp after they split has lost a High Court “test case” fight to keep it.’

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The Independent, 15th January 2026

Source: www.independent.co.uk

Why limitation of liability clauses deserve more attention than they get – Kingsley Napley Corporate and Commercial Law Blog

Posted January 16th, 2026 in news by sally

‘Too often, limitation of liability clauses are treated as standard boilerplate – something to tidy up at the end of a negotiation once the “real” commercial points are agreed.’

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Kingsley Napley Corporate and Commercial Law Blog, 15th January 2026

Source: www.kingsleynapley.co.uk

Fake Deliveroo driver jailed for shooting family – BBC News

Posted January 16th, 2026 in news by sally

‘A gunman who shot an eight-year-old girl and her father while pretending to be a Deliveroo driver in north-west London has been jailed for 38 years.’

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BBC News, 15th January 2026

Source: www.bbc.co.uk

Lay prosecutors for train company “not a Mazur-style breach” – Legal Futures

Posted January 16th, 2026 in news by sally

‘A judge has rejected a Mazur-inspired attempt to throw out charges against a serial rail fare dodger on the basis that they were brought by lay prosecutors for the train company.’

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Legal Futures, 16th January 2026

Source: www.legalfutures.co.uk

Killer driver claimed he was too ill to face justice. Then unearthed footage showed him playing rugby – The Independent

Posted January 16th, 2026 in news by sally

‘A driver who killed a young motorcyclist and tried to evade justice by claiming he had a brain injury has been jailed after a huge police operation uncovered footage of him playing rugby, dancing at a festival and smiling on holiday.’

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The Independent, 15th January 2026

Source: www.independent.co.uk