BAILII: Recent Decisions

Posted April 7th, 2025 in law reports by michael

Supreme Court

Layden, R. v (Rev1) [2025] UKSC 12 (2 April 2025)

Court of Appeal (Civil Division)

Skatteforvaltningen v MCML Ltd (Rev1) [2025] EWCA Civ 371 (04 April 2025)

Disclosure and Barring Service v Tata Consultancy Services Ltd [2025] EWCA Civ 380 (04 April 2025)

Aslani v Sobierajska [2025] EWCA Civ 391 (03 April 2025)

Renaissance Securities (Cyprus) Ltd v ILLC Chlodwig Enterprises & Ors [2025] EWCA Civ 369 (03 April 2025)

Sullivan v Isle of Wight Council [2025] EWCA Civ 379 (03 April 2025)

LR, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 373 (03 April 2025)

Davies v Benwell Road RTM Company Ltd [2025] EWCA Civ 368 (02 April 2025)

Safestand Ltd v Weston Homes PLC & Ors [2025] EWCA Civ 374 (02 April 2025)

Secretary of State for Environment, Food and Rural Affairs v Pickering Fishery Association, R (On the Application Of) & Anor [2025] EWCA Civ 378 (02 April 2025)

Court of Appeal (Criminal Division)

Rice v R. [2025] EWCA Crim 352 (01 April 2025)

High Court (Administrative Court)

Qubic Tax Ltd, R (On the Application Of) v Revenue And Customs [2025] EWHC 830 (Admin) (04 April 2025)

Ciorici & Ors v Government of Moldova [2025] EWHC 809 (Admin) (03 April 2025)

Galicki v District Court in Gdansk, Poland [2025] EWHC 811 (Admin) (03 April 2025)

Yaneva v Bulgarian Judicial Authority [2025] EWHC 803 (Admin) (03 April 2025)

General Medical Council & Anor v Gilbert [2025] EWHC 802 (Admin) (03 April 2025)

Robinson, R (On the Application Of) v HM Assistant Coroner for Blackpool & Flyde [2025] EWHC 781 (Admin) (03 April 2025)

Dimin v Alba Iulia Court of Law, Romania [2025] EWHC 768 (Admin) (02 April 2025)

Stop Portland Waste Incinerator v Secretary of State for Housing, Communities and Local Government & Ors [2025] EWHC 777 (Admin) (02 April 2025)

Costappis v Nicosia District Court, Republic of Cyprus [2025] EWHC 785 (Admin) (02 April 2025)

HJK & Ors, R (On the Application Of) v Director of Legal Aid Casework [2025] EWHC 774 (Admin) (01 April 2025)

Thadeu, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 736 (Admin) (01 April 2025)

Wales & West Utilities Ltd v Competition and Markets Authority [2025] EWHC 754 (Admin) (01 April 2025)

High Court (Chancery Division)

Hamblin & Anor v Moorwand Ltd & Anor [2025] EWHC 817 (Ch) (04 April 2025)

Ley & Anor v Suttle & Anor (Re CL Realisations 2020 Ltd) [2025] EWHC 796 (Ch) (03 April 2025)

Changizi v Changizi & Anor [2025] EWHC 735 (Ch) (02 April 2025)

High Court (Commercial Court)

Desmarais & Anor v Misbourne Investment Corporation & Ors [2025] EWHC 813 (Comm) (04 April 2025)

High Court (Family Division)

FB v KS [2025] EWHC 827 (Fam) (04 April 2025)

D (A Child), Re (Abduction: Article 13(b)) (Rev1) [2025] EWHC 799 (Fam) (02 April 2025)

M v F & Anor [2025] EWHC 801 (Fam) (02 April 2025)

High Court (King’s Bench Division)

Meric v Navis & Anor [2025] EWHC 759 (KB) (04 April 2025)

Warren v Eubank [2025] EWHC 828 (KB) (04 April 2025)

GRM v Liverpool University Hospitals NHS Foundation Trust [2025] EWHC 790 (KB) (03 April 2025)

Suresh & Ors v General Medical Council [2025] EWHC 804 (KB) (03 April 2025)

Mohammad v Bin Tarraf & Ors [2025] EWHC 776 (KB) (02 April 2025)

HCRG Care Ltd v Persons Unknown [2025] EWHC 794 (KB) (02 April 2025)

Al-Ajeel v Anglian Renewables Ltd [2025] EWHC 806 (KB) (02 April 2025)

Braithwaite v London Borough of Lewisham (Rev1) [2025] EWHC 782 (KB) (02 April 2025)

Lee v Khraud & Ors (Rev1) [2025] EWHC 714 (KB) (01 April 2025)

Kul & Ors v DWF Law LLP (Rev1) [2025] EWHC 753 (KB) (01 April 2025)

CCP Graduate School Ltd v Secretary of State for Education [2025] EWHC 779 (KB) (01 April 2025)

Commissioner of Police of the Metropolis v Aswat [2025] EWHC 786 (KB) (01 April 2025)

Source: www.bailii.org

 

Strike Out Season – 3PB

Posted April 7th, 2025 in news by sally

‘As winter fades and spring is upon us the Employment Appeal Tribunal has handed down no less than 4 recent decisions on strike out. To save you some time, I have summarised the key aspects of these 4 authorities so that you can spend more time in the evening sunlight and less time under your office striplight.’

Full Story

3PB, 29th March 2025

Source: www.3pb.co.uk

The Unorthodox Quashing of the Pre-Existing Nullity (R(MV) v London Borough of Lewisham [2025] EWHC 280) – 4-5 Gray’s Inn Square

Posted April 7th, 2025 in news by sally

‘The judgment in R(MV) showcases the judiciary taking care to distil the essential case of an unrepresented party and consider that case at its highest, but nonetheless ensuring that the boundaries of the powers and duties of a local authority are precisely identified before determining whether that case is made out.’

Full Story

4-5 Gray's Inn Square, 31st March 2025

Source: www.4-5.co.uk

‘”Counter-factuals” – Don’t reduce compensation without an evidential basis’ – 3PB

Posted April 7th, 2025 in news by sally

‘In Gourley C was employed by R from 2008 to 2015 when he was dismissed. C succeeded with complaints of victimisation, failure to make reasonable adjustments and unfair dismissal.’

Full Story

3PB, 27th March 2025

Source: www.3pb.co.uk

‘I’m listening to you, but I can’t hear you’: perspectives of autistic adults, investigators and support staff on police suspect interviews – Psychology, Crime & Law

Posted April 7th, 2025 in news by sally

‘Investigative interviews are crucial for gathering evidence within the criminal justice system, yet they are also socially and cognitively demanding encounters for autistic interviewees. In this exploratory study, we used a novel qualitative methodology to examine factors that potentially impact police suspect interviews with autistic people, as well as how adaptations could be made to current practice. Autistic participants (n = 5) were interviewed as a mock-suspect (implicated in a mock-crime) in a real-life active police custody suite by a police officer (n = 5), whilst accompanied by an appropriate adult (n = 5). Autistic adults, police officers and appropriate adults were interviewed about this experience and their broader perspectives on police interviewing practice. Using thematic analysis, three main themes and eleven sub-themes were produced: (1) Challenges for effective participation during interview; (2) Questions of suspect credibility; and (3) Assisting communication and understanding during interview. Findings were synthesised with broader literature to present a working model – the Individual Interpersonal Environmental (IIE) Vulnerability Model – which outlines how a series of interconnected individual, interpersonal and environmental factors may impact police suspect interviews with autistic people.’

Full Story

Psychology, Crime & Law. 2nd April 2025

Source: doi.org

Mistaken but genuine belief that an employee has resigned can be a fair reason for dismissal – 3PB

Posted April 7th, 2025 in news by sally

‘C was employed by Impact Recruitment Services (“Impact”), an agency, which supplied her services to Howden Joinery Limited (“Howdens”). C was placed with Howdens as a warehouse operative. Following the national lockdown in March 2020, the majority of agency staff were told that Howdens would be shutting down. C was ‘laid off’ by Howdens. This caused confusion in C’s mind as to her employment status.’

Full Story

3PB, 30th March 2025

Source: www.3pb.co.uk

Stalking protection orders – House of Commons Library

Posted April 7th, 2025 in news by sally

‘Following concerns about the police response to stalking, the government has announced changes to stalking protection orders.’

Full Story

House of Commons Library, 4th April 2025

Source: commonslibrary.parliament.uk

Culligan case study: how might a judge distribute contended assets on divorce? – 5SAH

Posted April 7th, 2025 in news by sally

‘Over the course of four days in November 2024 the High Court heard the application brought by Diane Culligan, a significant figure in women’s football, against her ex-husband Anthony Culligan to determine how their substantial financial assets should be divided between them following their divorce.’

Full Story

5SAH, 2nd April 2025

Source: www.5sah.co.uk

Gender disparity in publicly funded advocacy – only CPS making progress – Legal Futures

Posted April 7th, 2025 in news by sally

‘Efforts by the Crown Prosecution Service (CPS) to ensure it allocates work more equitably between the sexes are slowly bearing fruit, a new analysis has shown.

Full Story

Legal Futures, 7th April 2025

Source: www.legalfutures.co.uk

UK bans fake reviews and ‘sneaky’ hidden fees to protect online shoppers under new law – The Independent

Posted April 7th, 2025 in news by sally

‘Consumers will now see more transparent pricing, as businesses are required to incorporate administration and booking fees into the upfront cost of goods and services. However, the law stops short of including optional extras, such as airline seat selection or baggage upgrades, in the initial price display.’

Full Story

The Independent, 6th April 2025

Source: www.independent.co.uk

Are young people losing their freedom because of Deprivation of Liberty Orders? – Transparency Project

Posted April 7th, 2025 in news by sally

‘The BBC recently published an article about the experiences of a young woman who had spent time in a range of placements including children’s homes and what sound like unregulated placements. The article suggests that it was the use of a Deprivation of Liberty (DoL) order which meant that these frequent moves took place, causing trauma to the young woman: it says for example that the DoL order ‘caused ‘more trauma and more damage’ and saw her moved to seven children’s homes, a secure adult hospital and an activity centre as a child’, and that as a result of the increasing use of DoL orders, child are losing their freedom.’

Full Story

Transparency Project, 6th April 2025

Source: transparencyproject.org.uk

A tizzy over fizzy: how the Coca-Cola Company, and others, became recent targets of corporate “greenwashing” allegations – Kingsley Napley Criminal Law Blog

Posted April 7th, 2025 in news by sally

‘Whilst historically, climate-related litigation has been focused on governments, a report published last year by the Grantham Research Institute on Climate Change and the Environment showcased how, in recent years, climate litigation is being initiated more frequently against corporations for alleged Environment, Social and Governance (“ESG”) failings.’

Full Story

Kingsley Napley Criminal Law Blog, 4th April 2025

Source: www.kingsleynapley.co.uk

Exhumation where father’s coercive control undermined decision on place of burial – Law & Religion UK

Posted April 7th, 2025 in news by sally

‘In Re Exhumation Of A Baby [2024] ECC Exe 1 the mother, ‘M’, of a baby girl, ‘X’, who died at or shortly after her birth in 2022, sought a faculty to exhume and reinter the remains of her baby, who was survived by a twin sister.’

Full Story

Law & Religion UK, 7th April 2025

Source: lawandreligionuk.com

Mother who killed baby 27 years ago receives suspended prison sentence – The Guardian

Posted April 7th, 2025 in news by sally

‘A woman who killed her newborn baby 27 years ago while she had severe postnatal depression has been handed a suspended prison sentence, as a judge said the case “calls for compassion”.’

Full Story

The Guardian, 4th April 2025

Source: www.theguardian.com