BAILII: Recent Decisions

Posted August 29th, 2025 in law reports by michael

Court of Appeal (Civil Division)

PMC v A Local Health Board [2025] EWCA Civ 1126 (28 August 2025)

High Court (Administrative Court)

Stefan v Urzicenci District Court, Romania [2025] EWHC 2236 (Admin) (27 August 2025)

Knights, R (On the Application Of) v South Norfolk District Council [2025] EWHC 2205 (Admin) (22 August 2025)

High Court (Chancery Division)

easyGroup Ltd v Premier Inn Hotels Ltd [2025] EWHC 2229 (Ch) (29 August 2025)

Lloyd v Hayward & Anor [2025] EWHC 2226 (Ch) (27 August 2025)

DG Resources Ltd v Revenue and Customs [2025] EWHC 2208 (Ch) (27 August 2025)

High Court (Family Division)

J (A Child), Re (Withdrawal of Ventilation) [2025] EWHC 2247 (Fam) (29 August 2025)

Jake (A Child), In the Matter Of [2025] EWHC 2230 (Fam) (27 August 2025)

High Court (King’s Bench Division)

McGivern v MBR Acres Ltd & Ors (Re Costs) [2025] EWHC 2248 (KB) (29 August 2025)

Aabar Holdings SARL & Ors v Glencore PLC & Ors [2025] EWHC 2243 (KB) (28 August 2025)

High Court (Technology and Construction Court)

Azizi v Dama Construction Ltd [2025] EWHC 2213 (TCC) (29 August 2025)

Source: www.bailii.org

Double or Quits? Employer’s Liability for RTA and Costs (Pashamov v Taylor & Edward Vinson Ltd) – Ropewalk Chambers

Posted August 29th, 2025 in news by sally

‘Radoslav Pashamov (C) was a farm worker employed by D2, who suffered serious injuries when he was struck by D1’s car while crossing a road. D2 provided a bus service to ferry employees back from various fields to their lodgings (also owned by D2) and C was on his way home on that bus but left it to tell employees on the other side of the road that their bus had arrived and they should get on.’

Full Story

Ropewalk Chambers, 26th August 2025

Source: ropewalk.co.uk

A short guide to social housing fraud litigation in the context of Airbnb- style lettings – St Philips Barristers

Posted August 29th, 2025 in news by sally

‘In this article, Dr Dan Jacklin provides a short guide to the issues social housing fraud litigators must grapple with and how they apply in the context of short-term temporary accommodation for transient visitors paying for such use by way of commercial hire.’

Full Story

St Philips Barristers, 27th August 2025

Source: st-philips.com

Family Law Newsletter – Spire Barristers

Posted August 29th, 2025 in news by sally

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

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Spire Barristers, 27th August 2025

Source: www.spirebarristers.co.uk

What causes proprietary estoppel claims to fail in commercial disputes? – Tanfield Chambers

Posted August 29th, 2025 in news by sally

‘James Castle examines why proprietary estoppel claims often fail in commercial disputes. This article explores the core elements of the doctrine and discusses how the commercial sophistication of the parties can undermine a claim, drawing on principles from key cases such as Cobbe v Yeoman’s Row Management Limited [2008] UKHL 55. It looks at the challenges posed by section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, and considers the development of the principles to be applied when determining the appropriate remedy for proprietary estoppel and the likely need to revisit the guidance set out in Guest v Guest [2022] UKSC 27 in cases involving the sale of land.’

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Tanfield Chambers, 28th August 2025

Source: tanfieldchambers.co.uk

Met special constable found guilty of child rape – BBC News

Posted August 29th, 2025 in news by sally

‘A Metropolitan Police special constable has been found guilty of raping and sexually assaulting a child.’

Full Story

BBC News, 28th August 2025

Source: www.bbc.co.uk

Parents win Upper Tribunal appeal over EHCP – Local Government Lawyer

Posted August 29th, 2025 in news by sally

‘The Upper Tribunal has allowed an appeal by parents concerning their child’s Education, Health and Care Plan (EHCP), finding that the First-tier Tribunal’s reasoning was “lacking” as it failed to “adequately evaluate all the available evidence”.’

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Local Government Lawyer, 28th August 2025

Source: www.localgovernmentlawyer.co.uk

Tribunal strikes out immigration adviser’s appeal over failed exam – Legal Futures

Posted August 29th, 2025 in news by sally

‘The First-tier Tribunal (FTT) has struck out an appeal by an immigration adviser against the Immigration Advice Authority (IAA) after she failed an exam.’

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Legal Futures, 29th August 2025

Source: www.legalfutures.co.uk

Rectification, Employment Contracts, and Collective Agreements – Industrial Law Journal

Posted August 28th, 2025 in news by sally

‘One of the oddities of British labour law, especially when compared with its continental and common law cousins, is that collective agreements concluded as a result of the collective bargaining process between an employer and a trade union have no necessary legal effect whether vis-à-vis the employer and the union or vis-à-vis the employer and an individual employee. On the former relationship—which is sometimes referred to the ‘contractual dimension’ of collective agreements—the Trade Union and Labour Relations (Consolidation) Act 1992, s 179, conclusively presumes that such agreements were not intended by the parties to take effect as legally enforceable contracts unless the agreement is in writing and contains a provision which states that the parties intend that the agreement shall be a legally enforceable contract. As for the latter—which can be referred to as the ‘normative dimension’ of collective agreements, whereby the ‘norms’ in the collective agreement ‘are applied to the individual employment relationship’—ordinarily, for a collective agreement to have any legal effect, it must be incorporated into an individual’s contract of employment and there is no automatic rule to this effect.’

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Industrial Law Journal, 9th July 2025

Source: academic.oup.com

Company wins Upper Tribunal appeal against penalty imposed over management of house in multiple occupation – Local Government Lawyer

Posted August 28th, 2025 in news by sally

‘The London Borough of Haringey was wrong to impose a £10,000 financial penalty on a company that was not managing a licensable house in multiple occupation.’

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Local Government Lawyer, 28th August 2025

Source: www.localgovernmentlawyer.co.uk

Prisoner trapped on abolished indefinite jail term took his own life after government refused to resentence him – The Independent

Posted August 28th, 2025 in news by sally

‘A prisoner trapped on an abolished indefinite jail term for 13 years longer than his original sentence took his own life weeks after the Conservative government refused to right the historic wrong.’

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The Independent, 27th August 2025

Source: www.independent.co.uk

Workplace risk assessments: understanding legal duties under the Management of Health and Safety at Work Regulations 1999

Posted August 28th, 2025 in news by sally

‘Ensuring the safety and health of employees is a cornerstone of responsible business practice in the UK. At the heart of this responsibility lies the legal requirement to carry out workplace risk assessments – a duty enshrined in the Management of Health and Safety at Work Regulations 1999 (MHSWR). This article sets out the legal framework surrounding risk assessments, outlines practical steps for compliance, and includes expert insights from Andrew Sanderson of Kingsley Napley and Craig Lydiate of Eighty20 Risk Systems.’

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Kingsley Napley Regulatory Blog, 18th August 2025

Source: www.kingsleynapley.co.uk

Judge hands down ruling on meaning of ‘child in need’ under Children Act for families who have ‘no recourse to public funds’ – Local Government Lawyer

Posted August 28th, 2025 in news by sally

‘The High Court has dismissed a challenge to Dudley Metropolitan Borough Council over whether a child in a family without recourse to public funds was a ’child in need’.’

Full Story

Local Government Lawyer, 27th August 2025

Source: www.localgovernmentlawyer.co.uk

Police slammed as more than 285,000 crimes were not recorded last year – The Independent

Posted August 28th, 2025 in news by sally

‘More than 285,000 crimes went unrecorded by police last year, new research has found.’

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The Independent, 28th August 2025

Source: www.independent.co.uk

Court of Protection: Anorexia nervosa is a condition which may render a patient without capacity to decide on treatment – UK Human Rights Blog

Posted August 28th, 2025 in news by sally

‘This application was brought by the parents and aunt of a woman who has previously been anonymised to “Patricia”. Patricia, aged 25, had lived with anorexia nervosa since childhood, and was extremely malnourished with a BMI as low as 7, unable to walk unaided, and suffering severe complications like bed sores and osteoporosis. Diagnosed also with autism and pathological demand avoidance (PDA), Patricia’s condition was refractory despite years of efforts; she persistently refused to eat enough to sustain herself, though she voiced a desire to live and to travel. In 2023, the Court (Moor J) had ordered—after hearing her strongly expressed wishes—that Patricia should not be force-fed or receive medical treatment against her will, emphasising her autonomy in treatment decisions.’

Full Story

UK Human Rights Blog, 27th August 2025

Source: ukhumanrightsblog.com

Judge hands down ruling on meaning of ‘child in need’ under Children Act for families who have ‘no recourse to public funds’ – Local Government Lawyer

Posted August 28th, 2025 in news by sally

‘The High Court has dismissed a challenge to Dudley Metropolitan Borough Council over whether a child in a family without recourse to public funds was a ’child in need’.’

Full Story

Local Government Lawyer, 27th August 2025

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted August 27th, 2025 in law reports by michael

Court of Appeal (Civil Division)

S (A Child) (Abduction: Article 13(B)) [2025] EWCA Civ 1119 (22 August 2025)

Sky UK Ltd v The Office of Communications [2025] EWCA Civ 1118 (22 August 2025)

Farley & Ors v Paymaster (1836) Ltd (t/a Equiniti) [2025] EWCA Civ 1117 (22 August 2025)

Court of Appeal (Criminal Division)

Grace, R. v [2025] EWCA Crim 1047 (31 July 2025)

Sami & Anor, R. v [2025] EWCA Crim 1115 (31 July 2025)

Rossiter, R. v [2025] EWCA Crim 1120 (30 July 2025)

Brzozowski, R. v [2025] EWCA Crim 1113 (30 July 2025)

McMullen, R. v [2025] EWCA Crim 1112 (29 July 2025)

High Court (Administrative Court)

BRO, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 2231 (Admin) (26 August 2025)

Tudor v Tecuci District Court, Romania [2025] EWHC 2221 (Admin) (26 August 2025)

Crest Nicholson Operations Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 2194 (Admin) (22 August 2025)

Humphries, R (On the Application Of) v The Welsh Ministers [2025] EWHC 2196 (Admin) (22 August 2025)

UK Curriculum And Accreditation Body (t/a Scholars School System), R (On the Application Of) v Pearson Education Ltd [2025] EWHC 2161 (Admin) (18 August 2025)

GW, R (On the Application Of) v Dudley Metropolitan Borough Council [2025] EWHC 2140 (Admin) (14 August 2025)

High Court (Chancery Division)

Dixon v GlobalData PLC [2025] EWHC 2156 (Ch) (26 August 2025)

Lish v The Northern Block Ltd & Anor [2025] EWHC 2172 (Ch) (22 August 2025)

Dunn v Kazolides [2025] EWHC 2212 (Ch) (22 August 2025)

Karim v Steele & Anor [2025] EWHC 2060 (Ch) (20 August 2025)

Bhat & Anor v Patel [2025] EWHC 2180 (Ch) (19 August 2025)

Waldorf Production UK PLC, Re [2025] EWHC 2181 (Ch) (19 August 2025)

Milltom Builders Ltd v Waterfield Developments Blackburn Ltd & Anor [2025] EWHC 2159 (Ch) (18 August 2025)

Glint Pay Ltd & Ors v Baker & Anor [2025] EWHC 2166 (Ch) (18 August 2025)

High Court (Commercial Court)

Federal Government of Nigeria & Anor v Williams [2025] EWHC 2217 (Comm) (26 August 2025)

High Court (Family Division)

YM v ML (Article 13(b): Behaviour: Mental Health: Immigration) [2025] EWHC 2219 (Fam) (26 August 2025)

F v L & Ors (Rev1) [2025] EWHC 2190 (Fam) (20 August 2025)

High Court (King’s Bench Division)

Clarke v Guardian News and Media Ltd [2025] EWHC 2193 (KB) (22 August 2025)

Brown v Morgan Sindall Construction and Infrastructure Ltd [2025] EWHC 2204 (KB) (22 August 2025)

Lee & Ors v James Hay Administration Company Ltd & Ors [2025] EWHC 2154 (KB) (20 August 2025)

Epping Forest District Council v Somani Hotels Ltd (Rev1) [2025] EWHC 2183 (KB) (19 August 2025)

Teledyne UK Ltd v Ensell & Anor [2025] EWHC 2164 (KB) (18 August 2025)

High Court (Technology and Construction Court)

Clegg Food Projects Ltd v Prestige Car Direct Properties Ltd [2025] EWHC 2173 (TCC) (19 August 2025)

Source: www.bailii.org

Parking firm pays £10,240 after losing case, again – BBC News

Posted August 27th, 2025 in news by sally

‘A car park operator has paid £10,240 to charity after losing a court battle against a woman for a second time.’

Full Story

BBC News, 23rd August 2025

Source: www.bbc.co.uk

UK employers must get ahead of Employment Rights Bill ‘fire and rehire’ changes – OUT-LAW.com

Posted August 27th, 2025 in news by sally

‘Companies should act now to build flexibility into their employment contracts ahead of new laws to stop ‘fire and rehire’ which come into force next year, an expert has warned.’

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OUT-LAW.com, 26th August 2025

Source: www.pinsentmasons.com

Pub and travel bans proposed under sentencing rule changes – BBC News

Posted August 27th, 2025 in news by sally

‘People convicted of crimes in England and Wales could find themselves barred from going to pubs and sport matches as part of changes to sentencing rules.’

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BBC News, 23rd August 2025

Source: www.bbc.co.uk