Bad drafting or giving effect to Parliament’s intention? BDW Trading Limited v Ardmore Construction Limited & Ors [2025] EWHC 434 (TCC) – Tanfield Chambers

Posted March 28th, 2025 in news by sally

‘The Applicant, BDW, was the developer of 5 separate buildings which were constructed between 1999 and 2005 (“the Development”). As part of this process, BDW contracted with the First Respondent, Ardmore Construction Limited (“ACL”), to carry out the design and build of the Development. ACL was a subsidiary of the Second Respondent, Ardmore Construction Group Limited, who was itself a subsidiary of the Third Respondent, Admore Group Limited. All of the companies were owned by the parent-company, the Fourth Respondent, Ardmore Group Holdings Limited (collectively “R2-R4”).’

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Tanfield Chambers, 26th March 2025

Source: tanfieldchambers.co.uk

Illegality and Insanity in Tort Law – Cambridge Law Journal

Posted March 28th, 2025 in news by sally

‘IN Lewis-Ranwell v G4S Health Services (UK) Ltd. and others [2024] EWCA Civ 138, the claimant (C) had been diagnosed with schizophrenia. A few years later, he was detained by the police on suspicion of burglary and was visibly mentally unwell. He was released after being seen by mental health professionals employed by the defendants (DD). Later that day, C was arrested on suspicion of assault and released the next day, again after being seen by DD’s mental health professionals. Soon after his second release, C killed three men during a psychotic episode. C was acquitted of murder by reason of insanity, on the basis that he did not realise his conduct was contrary to the criminal law or the “standards of reasonable ordinary people” (see Keal [2022] EWCA Crim 341, at [41]). Following this acquittal, C was detained in hospital. C sought damages from DD in negligence, including for loss of liberty, and an indemnity for claims against him by the victims’ estates. C argued that, had DD not been careless in their provision of care, he would not have been released from custody and in a position to kill. At first instance, DD failed to strike out the claim on the ground of illegality. The Court of Appeal, by a majority (Underhill L.J. and Dame Victoria Sharp P.), agreed that the illegality defence did not apply. In this note, we argue that the majority was correct.’

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Cambridge Law Journal, 7th January 2025

Source: www.cambridge.org

Court of Appeal hands down ruling on matters that can be raised on appeal of review decision dealing with suitability of accommodation – Local Government Lawyer

Posted March 28th, 2025 in news by sally

‘The Court of Appeal has dismissed an appeal by a resident over what could be raised in a review request to London Borough of Haringey after she had rejected a property offer as unsuitable.’

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Local Government Lawyer, 27th March 2025

Source: www.localgovernmentlawyer.co.uk

Proprietary estoppel and licences: where are we now – Tanfield Chambers

Posted March 28th, 2025 in news by sally

‘Can a person who expects to be granted a licence, and whose expectation is disappointed, bring a claim in proprietary estoppel?’

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Tanfield Chambers, 3rd March 2025

Source: tanfieldchambers.co.uk

CoA: Mega Marshmallow VAT treatment hangs on whether they are ‘eaten with fingers’ – OUT-LAW.com

Posted March 28th, 2025 in appeals, food, news, statutory interpretation, taxation, VAT by sally

‘Companies in the food and drinks sector must pay close attention to potential VAT treatment when developing new products, as a recent ruling by the Court of Appeal in London shows that the treatment often hinges on small details, a tax expert has said.’

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OUT-LAW.com, 27th March 2025

Source: www.pinsentmasons.com

NHS trust to pay “significant” damages following detention of man with learning disabilities for almost a year – Local Government Lawyer

‘The High Court has approved the settlement of a civil claim brought by a man with learning disabilities and autism, who was detained for a period of 340 days as there was no safe alternative accommodation available.’

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Local Government Lawyer, 27th March 2025

Source: www.localgovernmentlawyer.co.uk

Fake £4m Xanax drug gang boss jailed – BBC News

Posted March 28th, 2025 in conspiracy, drug offences, drug trafficking, gangs, imprisonment, news, sentencing by sally

‘A gang leader who co-ordinated a £4m fake Xanax drug-making operation in sheds and garages across the West Midlands has been jailed for eight years.’

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BBC News, 27th March 2025

Source: www.bbc.co.uk

The place of deemed fulfilment of condition – Legal Studies

Posted March 28th, 2025 in appeals, contracts, debts, news by sally

‘Where, on the face of a contract, the existence of a debt is conditional on the occurrence of a particular fact, and that fact has not occurred, because the person who promised payment has prevented it from occurring, does the debt arise nevertheless on the notion that the condition is then to be deemed fulfilled? In King Crude Carriers SA v Ridgebury November LLC, a unanimous Court of Appeal, reversing the judge, endorsed the effect of that notion while appearing to resituate it as a matter of contractual construction, based upon the objective intention of the contracting parties. That would be a step in the right direction. The precise nature of that notion remains murky, however, and would profit from further clarification.’

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Legal Studies, 7th February 2025

Source: www.cambridge.org

NHS hospital too slow to treat doctor’s son who died of sepsis, coroner rules – The Guardian

Posted March 28th, 2025 in bereavement, coroners, delay, doctors, hospitals, inquests, medical treatment, news by sally

‘A hospital failed to treat the son of one of its consultants with antibiotics and fluids with the required urgency hours before he died of sepsis, a coroner has ruled.’

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The Guardian, 27th March 2025

Source: www.theguardian.com

High Court quashes council planning decision by consent on flood risk ground – Local Government Lawyer

Posted March 28th, 2025 in housing, local government, news, planning by sally

‘A High Court judge has issued a quashing order after Southwark Council conceded that its decision to grant permission for an infill development on a London council estate breached national planning policy.’

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Local Government Lawyer, 28th March 2025

Source: www.localgovernmentlawyer.co.uk

OnlyFans fined £1m over inaccurate information on age checks – The Guardian

Posted March 28th, 2025 in children, fines, internet, news, pornography by sally

‘Ofcom has fined the subscription platform OnlyFans just over £1m for failing to provide accurate information about its age checks.’

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The Guardian, 27th March 2025

Source: www.theguardian.com

The Upper Tribunal gives guidance on the burden of proof in s.15 disability discrimination claims – 3PB

‘The Upper Tribunal has once again taken the First Tier Tribunal firmly by the shoulders and given it a thorough lesson in how to handle Equality Act 2010 claims properly.’

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3PB, 12th March 2025

Source: www.3pb.co.uk

Some 1,280 children subject to deprivation of liberty applications in 2024, with order made in almost 90% of cases issued: MoJ – Local Government Lawyer

‘New data published by the Ministry of Justice has revealed that 1,280 children were subject to applications to deprive them of their liberty in 2024 in England and Wales, down from 1,368 in 2023.’

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Local Government Lawyer, 28th March 2025

Source: www.localgovernmentlawyer.co.uk

The Demise of the `Voluntarist Exclusion Zone?’ – Industrial Law Journal

‘In Secretary of State for the Environment v PCSU [2024] UKSC 41the Supreme Court had to consider whether a trade union was entitled to sue on a provision derived from a collective agreement by virtue of the Contracts (Rights of Third Parties) Act 1999.1 The relevance of the presumption in s. 179 of the Trade Union and Labour Relations (Consolidation) Act 1992 to collectively agreed obligations which are incorporated in an employment contract was at the heart of the litigation. The Supreme Court found in favour of the trade union and this well prove beneficial to unions in future cases centring on third party rights. I would suggest that the decision also has significant implications for cases on incorporation of collectively agreed terms. It is also conceivable that the debate as to the merits of direct enforcement of collective agreements will be reopened.’

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Industrial Law Journal, 6th February 2025

Source: academic.oup.com

City trader jailed for Libor rigging says he was convicted in a ‘morality trial’ – The Guardian

‘The City trader jailed for Libor rigging in 2015 has said he believes he was convicted during a “morality trial” of bankers’ conduct, as he concluded his fight to clear his name at the UK’s highest court.’

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The Guardian, 27th March 2025

Source: www.theguardian.com

Killers could serve shorter jail terms for good behaviour in radical overhaul of sentencing, justice minister signals – The Independent

‘Killers and other serious offenders could serve shorter sentences for good behaviour in a radical overhaul of sentencing to ease the prison capacity crisis, the justice secretary has signalled.’

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The Independent, 28th March 2025

Source: www.independent.co.uk

University of Sussex taking legal action over £585,000 free speech fine – The Guardian

‘The University of Sussex is taking legal action to overturn a record fine levied by England’s higher education regulator, accusing the regulator of seeking to “persecute” it rather than solve problems.’

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The Guardian, 27th March 2025

Source: www.theguardian.com