The Barrell Jurisdiction: The Power to Alter a Decision at any time Prior to the Order being Perfected – Becket Chambers

Posted June 4th, 2025 in news by sally

‘Having previously written an Article on this website (May 2023) drawing attention to the little used Thwaite Jurisdiction and having alighted upon a very recent decision on appeal (March 2025) on the equally little used and somewhat similar Barrell Jurisdiction, it seemed apposite to draw attention to that too.’

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Becket Chambers, 2nd June 2025

Source: becket-chambers.co.uk

Family Law Newsletter – Spire Barristers

Posted June 4th, 2025 in news by sally

‘Family Law Newsletter – May 2025; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 23rd May 2025

Source: www.spirebarristers.co.uk

Time for Codification? – 4-5 Gray’s Inn Square

Posted June 4th, 2025 in news by sally

‘There are key differences in how expert evidence is approached between arbitration and litigation. Focusing on the appointment of experts and the subsequent duties, this article will analyse the differing approaches of the level of codification of an expert’s duties in English litigation and arbitration.’

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4-5 Gray's Inn Square, May 2025

Source: www.4-5.co.uk

Arbitration Act 1996: Section 67 and section 68 challenges in the English Commercial Court – 39 Essex Chambers

Posted June 4th, 2025 in news by sally

‘Sections 67 and 68 of the Arbitration Act 1996 (“AA 1996”) have long been the main escape valves for aggrieved parties in English-seated arbitrations. Section 67 permits challenges to awards based on substantive jurisdiction. Section 68 permits challenges based on serious irregularity affecting the tribunal, the proceedings or the award. These applications are notoriously difficult and have a very low success rate in the English Commercial Court. This is widely considered to reinforce the finality and efficiency of English-seated arbitrations and awards. By the Arbitration Act 2025 (“AA 2025”), section 67 has been amended as far as the scope of admissible evidence and the remedial powers of the court are concerned. These are significant amendments which are consistent with the strict approach of the English courts. There are also amendments affecting Section 68, but these are less far-reaching. Parties must be careful to avoid the impression that they are simply re-running merits arguments on which they lost in the arbitration. Dressing up merits arguments under the guise of jurisdiction or procedure will not do. Any credible section 67 or section 68 must be carefully tailored and focused. In the majority of cases, there will, on proper analysis, be no viable challenge.’

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39 Essex Chambers, 29th May 2025

Source: www.39essex.com

Mum to ‘fight for others’ after benefits death ruling – BBC News

Posted June 4th, 2025 in news by sally

‘A campaigning mother has promised to fight for other families after a coroner found her disabled daughter took her own life when her benefits were wrongly stopped.’

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BBC News, 3rd June 2025

Source: www.bbc.co.uk

Council ordered to undertake re-assessment of age of asylum seeker – Local Government Lawyer

Posted June 4th, 2025 in news by sally

‘The High Court has ordered Dorset Council to undertake a re-assessment of an asylum seeker’s age, which takes account of new evidence in the form of an Afghan national identity card and three reports relating to it.’

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Local Government Lawyer, 3rd June 2025

Source: www.localgovernmentlawyer.co.uk

“A Case of RUFF Justice” – Becket Chambers

Posted June 4th, 2025 in news by sally

‘If you thought HO v TL [2024] 2 FLR 175, a case about a hotel business was a form of nominative determinism then the same must be said of the case of FI v DO [2024] EWFC 384, a case about, you guessed it; a dog!’

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Becket Chambers, 2nd June 2025

Source: becket-chambers.co.uk

Antonia Layard: Darwall and the Public Life of Private Property – UK Constitutional Law Association

Posted June 4th, 2025 in news by sally

‘When wealthy landowners, Alexander and Diana Darwall, sued a national park authority to stop people pitching their tents on the Dartmoor Commons, few expected the dispute to take a constitutional turn. Yet this was the outcome of Darwall v Dartmoor National Park Authority[2025] UKSC 20, where the Supreme Court’s decisive rejection of the landowners’ claims turned on statutory interpretation, the right to protect private property and the principle of legality, as well as providing a confirmation that the Attorney General should be joined where public rights are at stake.’

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UK Constitutional Law Association, 4th June 2025

Source: ukconstitutionallaw.org

The Application of the Grindleford Criteria for Diagnosing Acoustic Shock Claims – Ropewalk Chambers

Posted June 4th, 2025 in news by sally

‘In Jonathan Bevan v. Ministry of Defence [2025] EWHC 1145 (KB), Mr. Bevan, a soldier, sought damages for alleged negligent exposure to excessive noise during his participation in testing Ajax armoured vehicles with the Household Cavalry Regiment from 2017 to 2020. Although the Defendant conceded a breach of duty, the trial centred on causation. The claim was ultimately dismissed but provides a useful insight into the approach to causation in acoustic shock claims.’

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Ropewalk Chambers, 29th May 2025

Source: ropewalk.co.uk

Mum must repay £50,000 she stole from daughters – BBC News

Posted June 4th, 2025 in news by sally

‘A mother has been ordered to pay back £50,000 inheritance she stole from her two daughters.’

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BBC News, 3rd June 2025

Source: www.bbc.co.uk

Police in England and Wales identify 287 child sexual exploitation cases for review – The Guardian

Posted June 4th, 2025 in news by sally

‘Police forces in England and Wales have identified a further 287 outstanding cases of alleged child sexual exploitation by rape gangs, Yvette Cooper has disclosed.’

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The Guardian, 3rd June 2025

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 3rd, 2025 in law reports by michael

High Court (Chancery Division)

P�reti� v Eden Farm Srl [2025] EWHC 1349 (Ch) (03 June 2025)

Saleemi v Asif Parvez [2025] EWHC 1340 (Ch) (02 June 2025)

Saleemi v Parvez [2025] EWHC 1341 (Ch) (02 June 2025)

High Court (Commercial Court)

Home Long Income Fund v Knight Frank Llp [2025] EWHC 1345 (Comm) (03 June 2025)

High Court (Family Division)

M v A (No 2: Application to Set Aside Return Order) [2025] EWHC 1344 (Fam) (02 June 2025)

Source: www.bailii.org

Claiming Contribution in Mesothelioma Claims – A Commentary on URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 – Ropewalk Chambers

Posted June 3rd, 2025 in news by sally

‘History demonstrates that mesothelioma claims uniquely present particular issues which require careful attention. The nature of the claims throw up tensions unusual in many other types of claim. In cases of living victims, the Asbestos List requires such cases to progress to trial expeditiously, where possible. The same consideration, to facilitate recovery of damages during a Claimant’s lifetime, also lends itself to early settlement, at a time when the damages may still be utilised in the time left. Sometimes this means that cases are settled whilst a Claimant is still undergoing treatment for the cancer. In recent years, immunotherapy treatment has shown greater efficacy at holding the cancer at bay for a period of time. Thus, cases are often settled, in living claims, by adopting a construction to the settlement which allows for the cost of ongoing immunotherapy to be met by a Defendant insurer pursuant to mechanisms for payment, such as the recommendation of the treating oncologist, which allows treatment to proceed expeditiously. It is not uncommon in such settlements for the Defendant to reserve a right to return to court if it wishes to challenge the reasonableness of the treatment or its cost at a particular point (although in my experience such challenges are very rare). Thus, cases often are settled at a point where the full amount of damages which an insurer will have to meet is not yet entirely known. A settlement agreement or judgment may make awards in relation to calculable heads of damage but leave the cost of immunotherapy outstanding to be dealt with under the mechanism of the agreement or order.’

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Ropewalk Chambers, 27th May 2025

Source: ropewalk.co.uk

Supreme Court Hands Down Landmark BSA Decision in URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 – Tanfield Chambers

Posted June 3rd, 2025 in news by sally

‘In the first of two highly anticipated appeals on the Building Safety Act 2022 (the “BSA”) this year, the Supreme Court has just handed down its judgment in the matter of URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21.’

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Tanfield Chambers, 23rd May 2025

Source: tanfieldchambers.co.uk

A Paradigm Case for Non-court Dispute Resolution | Jane Carter Writes – 5SAH

Posted June 3rd, 2025 in news by sally

‘The court’s duty to further the overriding objective by actively case managing has been given added impetus by the revisions to FPR Part 3 and Part 28 which came into effect on the 29 April 2024.’

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5SAH, 28th May 2025

Source: www.5sah.co.uk

CPS criticised for dropping assault charge after officer allegedly gave CPR while man was awake – The Guardian

Posted June 3rd, 2025 in news by sally

‘A leading academic of English literature has criticised prosecutors for dropping an assault charge against a police officer who allegedly gave him forceful chest compressions meant for a heart attack victim while he was awake.’

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The Guardian, 2nd June 2025

Source: www.theguardian.com

CJC calls for “light-touch regulation” of third-party litigation funding – Legal Futures

Posted June 3rd, 2025 in news by sally

‘The Civil Justice Council (CJC) working party on litigation funding today recommended the introduction of “light-touch regulation” through legislation.’

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Legal Futures, 2nd June 2025

Source: www.legalfutures.co.uk

The wrong sort of exclusive – Nearly Legal

Posted June 3rd, 2025 in news by sally

‘The claim was/is a housing conditions claim in respect of the property that was (though no longer) occupied by Ms Kaur and her household. That was Ms K, her partner and three adult children in a two storey, three bedroom terrace. The property was privately owned, and Birmingham had a licence to utilise the property as temporary accommodation for homeless applicants. Ms K was a homeless applicant to whom Birmingham had decided the full housing duty was owed, so this was s.193 accommodation.’

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Nearly Legal, 2nd June 2025

Source: nearlylegal.co.uk

Man fined after burning Qur’an outside Turkish consulate in London – The Guardian

Posted June 3rd, 2025 in news by sally

‘A man has been fined after he set fire to a Qur’an outside the Turkish consulate in London, in an act that was deemed “motivated at least in part by a hatred of Muslims” by a judge.’

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The Guardian, 2nd June 2025

Source: www.theguardian.com

‘Crucial’ new law to restore Welsh environment – BBC News

Posted June 2nd, 2025 in news by sally

‘A new law which is intended to protect nature and reverse the loss of wildlife has been introduced by the Welsh government.’

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BBC News, 2nd June 2025

Source: www.bbc.com