BAILII: Recent Decisions

Posted January 20th, 2025 in law reports by tracey

Court of Appeal (Civil Division)

Ivory, R (On the Application Of) v Welwyn Hatfield Borough Council [2025] EWCA Civ 21 (17 January 2025)

Hussaini v Islington London Borough Council [2025] EWCA Civ 22 (17 January 2025)

Morais & Ors v Ryanair DAC [2025] EWCA Civ 19 (17 January 2025)

Chaudhry v Secretary of State for the Home Department [2025] EWCA Civ 16 (17 January 2025)

Secretary of State for the Home Department v Daci [2025] EWCA Civ 18 (17 January 2025)

ScottishPower (SCPL) Ltd & Ors v Commissioners for His Majesty’s Revenue and Customs [2025] EWCA Civ 3 (17 January 2025)

Commissioners for His Majesty’s Revenue and Customs v Bluecrest Capital Management (UK) LLP [2025] EWCA Civ 23 (17 January 2025)

Knot Builders Ltd, R (On the Application Of) v Construction Industry Training Board [2025] EWCA Civ 6 (17 January 2025)

Dylan v Barclays Bank PLC [2025] EWCA Civ 20 (17 January 2025)

Secretary of State for the Home Department v Kolicaj [2025] EWCA Civ 10 (17 January 2025)

Court of Appeal (Criminal Division)

Bhatti v R. [2025] EWCA Crim 8 (17 January 2025)

Vaughans & Anor, R. v [2025] EWCA Crim 9 (17 January 2025)

Oni & Ors v R. [2025] EWCA Crim 12 (15 January 2025)

High Court (Administrative Court)

Andrews, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 64 (Admin) (17 January 2025)

Oprea v Iasi City Court of Law (Romania) [2025] EWHC 56 (Admin) (17 January 2025)

Clifford, R (On the Application Of) v Secretary of State for Work and Pensions [2025] EWHC 58 (Admin) (16 January 2025)

Jasseh, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 47 (Admin) (16 January 2025)

High Court (Chancery Division)

Allan v Allan [2025] EWHC 67 (Ch) (17 January 2025)

Bonham & Anor v Stringer & Ors [2025] EWHC 28 (Ch) (17 January 2025)

Djanogly v Djanogly & Ors [2025] EWHC 61 (Ch) (17 January 2025)

NOAL SCSp & Ors v Novalpina Capital LLP & Ors [2025] EWHC 54 (Ch) (17 January 2025)

The Federal Deposit Insurance Corporation v Barclays Bank PLC & Ors [2025] EWHC 46 (Ch) (16 January 2025)

JSC Commercial Bank PrivatBank v Kolomoisky & Ors [2025] EWHC 50 (Ch) (15 January 2025)

Triplark Ltd v Maunder-Taylor [2025] EWHC 45 (Ch) (15 January 2025)

Peter Waddell Holdco Ltd & Anor v Bluebell Cars Holding Ltd & Ors [2025] EWHC 36 (Ch) (15 January 2025)

High Court (Commercial Court)

Magomedov & Ors v TPG Group Holdings (SBS) LP & Ors (Rev1) [2025] EWHC 59 (Comm) (17 January 2025)

RRY v NKX [2025] EWHC 41 (Comm) (17 January 2025)

NatWest Market NV & Anor v CMIS Nederland BV & Anor [2025] EWHC 37 (Comm) (15 January 2025)

High Court (Family Division)

HA v EN [2025] EWHC 48 (Fam) (06 January 2025)

T, Re (Appeal: Findings of Fact) [2024] EWHC 3327 (Fam) (20 December 2024)

The Lord Chancellor v 79 Divorced Couples [2024] EWHC 3211 (Fam) (19 December 2024)

Tickle & Ors v Surrey County Council & Ors [2024] EWHC 3330 (Fam) (19 December 2024)

High Court (Patents Court)

Pfizer Ltd v GlaxoSmithKline Biologicals SA & Anor [2025] EWHC 52 (Pat) (16 January 2025)

High Court (King’s Bench Division)

Zurius v Secretary of State for Health & Social Care & Anor [2025] EWHC 57 (KB) (17 January 2025)

Olsen & Anor v Finansiel Stabilitet A/S [2025] EWHC 42 (KB) (16 January 2025)

Transport for London v Persons Unknown & Ors [2025] EWHC 55 (KB) (16 January 2025)

Source: www.bailii.org

Why employers must review their employment contracts after 31.12.2024: Legality of clawback clause – EIN Blog

Posted January 20th, 2025 in news by tracey

‘As of 31 December 2024, the Home Office introduced significant updates to its guidance for sponsors of Skilled Workers and Temporary Workers. These changes explicitly prohibit employers from passing specific sponsorship costs onto workers, reinforcing compliance requirements for sponsors. This article explores the key updates, legal implications, and best practices for employers to protect their business and sponsor licence.’

Full Story

EIN Blog, 20th January 2025

Source: www.ein.org.uk

Service of documents – post and deemed service – Nearly Legal

Posted January 20th, 2025 in news by tracey

‘D’Aubigny v Khan & Anor (2025) EWCA Civ 11. This is the Court of Appeal judgment. The central issue was whether service by post of a gas safety certificate, EPC and How to Rent Guide was deemed service under i) Section 7 Interpretation Act 1978, ii) the tenancy agreement, or iii) otherwise. The circumstances were that the tenant denied receipt of the documents, such that a subsequent section 21 notice, which was received, was invalid.’

Full Story

Nearly Legal, 19th January 2025

Source: nearlylegal.co.uk

New UK Procurement Act procedures offer greater flexibility – OUT-LAW.com

Posted January 20th, 2025 in news by tracey

‘The Procurement Act 2023 provides greater flexibility, replacing existing procurement procedures with a new competitive flexible procedure (CFP).’

Full Story

OUT-LAW.com, 17th January 2025

Source: www.pinsentmasons.com

Cassandra Somers-Joce and Joe Tomlinson: When Are Public Bodies Legally Required to Proactively Collect Data? – UK Constitutional Law Association

Posted January 20th, 2025 in news by tracey

‘In a recent Administrative Court decision, the Secretary of State for the Home Department was found to be in breach of the Public Sector Equality Duty (the “PSED”), contained in s.149 of the Equality Act 2010, due to failing to collect and monitor statistical equality data relating to the provision of asylum accommodation to vulnerable individuals. The judgment in R (DXK) v Secretary of State for the Home Department [2024] EWHC 579 (Admin) (“DXK”) builds upon a developing line of cases which have found that the duty to have ‘due regard’ under the PSED may require a decision maker to proactively obtain information, rather than simply to consider existing information. It also provides an interesting exploration of the relationship between the circumstances in which the PSED will require the collection of information by a public body decision maker, and the common law duty of inquiry.’

Full Story

UK Constitutional Law Association, 20th January 2025

Source: ukconstitutionallaw.org

Post Office scandal “shows that privilege needs urgent reform” – Legal Futures

Posted January 20th, 2025 in news by tracey

‘The Post Office inquiry shows that legal professional privilege (LPP) presents “significant problems of principle and practice” and needs urgent reform, leading academics have argued.’

Full Story

Legal Futures, 20th January 2025

Source: www.legalfutures.co.uk

Next steps to tackle child sexual exploitation – Home Office

Posted January 20th, 2025 in news by tracey

‘Home Secretary Yvette Cooper gave an update on the actions the government will take to protect young people from sexual abuse and grooming gangs.’

Full Story

Home Office, 16th January 2025

Source: www.gov.uk

In depth: Class action bandwagon checked – Law Society’s Gazette

Posted January 20th, 2025 in news by tracey

‘This autumn, it will be exactly 10 years since the Consumer Rights Act ushered in a new class action regime by allowing opt-out collective proceedings over infringements of competition law. The landscape has certainly changed: according to the Class Representatives Network, set up in 2023 by former financial ombudsman and high-profile class representative Walter Merricks CBE, 44 claims under the new regime have so far been filed to the Competition Appeal Tribunal (CAT).’

Full Story

Law Society's Gazette, 19th January 2025

Source: www.lawgazette.co.uk

Jailed solicitor’s ex-wife is subject of SFO’s first unexplained wealth order – Law Society’s Gazette

Posted January 20th, 2025 in news by tracey

‘The Serious Fraud Office has been granted its first unexplained wealth order to recover a £1.5m Lake District property owned by the ex-wife of convicted solicitor Timothy Schools.’

Full Story

Law Society's Gazette , 20th January 2025

Source: www.lawgazette.co.uk

Prince Harry versus newspapers: This is the one that matters – BBC News

Posted January 20th, 2025 in news by tracey

‘Unless there is a sudden and staggering plot twist, Prince Harry’s legal battle against British tabloids for allegedly unlawfully intruding into his life reaches its most important moment on Tuesday when his claims against The Sun and the long-closed News of the World, come to trial.’

Full Story

BBC News, 19th January 2025

Source: www.bbc.co.uk

Abuse report care pupils felt like ‘troublemakers’ – BBC News

Posted January 20th, 2025 in news by tracey

‘Former pupils at a residential school caring for vulnerable young people have said they were ignored when reporting claims of abuse.’

Full Story

BBC News, 20th January 2025

Source: www.bbc.co.uk

Drill rapper who killed schoolboy Jimmy Mizen recalled to prison – The Independent

Posted January 20th, 2025 in news by tracey

‘A drill rapper who killed the schoolboy Jimmy Mizen has been recalled to prison after “shamelessly boasting about his violent crime”, the Probation Office said.’

Full Story

The Independent, 17th January 2025

Source: www.independent.co.uk

Prosecutors to press on with manslaughter cases despite Kiena Dawes verdict – The Guardian

Posted January 20th, 2025 in news by tracey

‘The not guilty verdict in the trial of a man accused of driving a young mother to suicide will not deter future manslaughter charges, with more such prosecutions already in the pipeline, a senior prosecutor has said.’

Full Story

The Guardian, 19th January 2025

Source: www.theguardian.com

Barristers call for radical rethink on ‘tough’ sentencing – The Bar Council

Posted January 20th, 2025 in news by tracey

‘Successive governments’ “tough on crime” pledges will not be met through longer prison sentences, the Bar Council argues in a new submission to the sentencing review.
In response to the Gauke review’s call for evidence, the Bar Council’s submission – written by a working group of criminal barristers – points to the fact that while sentences have been getting longer, the latest data from the ONS shows an increase in almost every area of crime.’

Full Story

The Bar Council, 19th January 2025

Source: www.barcouncil.org.uk