BAILII: Recent Decisions

Posted April 8th, 2025 in law reports by michael

Court of Appeal (Civil Division)

White v Alder & Anor [2025] EWCA Civ 392 (07 April 2025)

Court of Appeal (Criminal Division)

Carr, R. v [2025] EWCA Crim 401 (02 April 2025)

High Court (Administrative Court)

Ahmedsowida v General Medical Council [2025] EWHC 823 (Admin) (07 April 2025)

Kumar v The General Medical Council [2025] EWHC 820 (Admin) (07 April 2025

High Court (Chancery Division)

Okuashvili & Ors v Ivanishvili & Ors [2025] EWHC 829 (Ch) (07 April 2025)

High Court (Commercial Court)

MSH Ltd v HCS Ltd [2025] EWHC 815 (Comm) (07 April 2025)

Henderson & Jones Ltd v Salica Investments Ltd & Ors [2025] EWHC 838 (Comm) (07 April 2025)

High Court (King’s Bench Division)

Mullen v Lyles [2025] EWHC 645 (KB) (07 April 2025)

Source: www.bailii.org

Sir Philip Green loses legal case against UK over use of parliamentary privilege – The Guardian

Posted April 8th, 2025 in news by sally

‘Retail tycoon Sir Philip Green has lost a legal case against the UK government after complaining about being publicly named in the House of Lords as facing misconduct allegations.’

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The Guardian, 8th April 2025

Source: www.theguardian.com

The high-profile private individual as constitutional actor – King’s Law Journal

Posted April 8th, 2025 in news by sally

‘Delivering his 1978 Chorley lecture, Griffith explained that during the inter-war period what constitutional theorists really wanted “to know was where the reality of political and economic power lay … who was pulling the levers, where the levers were being pulled”.’

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King's Law Journal, 7th April 2025

Source: doi.org

Medico-Legal Evidence: Survivor Relational Autonomy and Informed Consent in Sexual Assault Examinations – Feminist Legal Studies

Posted April 8th, 2025 in news by sally

‘Survivors of sexual violence often consent to forensic medical examinations for medical and legal purposes, including healthcare treatment, trace evidence collection, and documentation of injuries. Internal vaginal examinations, necessary in cases of penetrative vaginal rape, can be invasive and cause trauma. Recent efforts aim to minimise harm through victim- and trauma-centred approaches. Despite this, there are instances where forensic samples lack evidentiary value due to issues like degradation, contamination, tampering, sample backlog, or collection of forensic evidence that is not necessary (for example, in cases of consent and where identification of the perpetrator is not required). However, internal vaginal examinations are still taking place, turning the collection into a potentially harmful, performative process for the survivor. Limited healthcare resources and structural constraints can contribute to these challenges worldwide. This paper examines the British civil law context because of the contemporary global debate around patient autonomy and understanding of informed consent. It considers that much can be learnt from the British approach when ensuring survivors of sexual violence undergoing forensic medical examination are adequately informed.’

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Feminist Legal Studies, 7th March 2025

Source: link.springer.com

Release Provisions of Offenders – Maria Karaiskos KC and Guy Cecil – Church Court Chambers

Posted April 8th, 2025 in news by sally

‘Following a recent Crown Court sentencing hearing, Maria Karaiskos KC and Guy Cecil outline why the Crown Court Compendium Part II needs to be updated in line with legislative changes on release provisions, and provide a summary of the current provisions for offenders.’

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Church Court Chambers, 24th March 2025

Source: churchcourtchambers.co.uk

Asylum seeker jailed for glorifying terrorism – BBC News

Posted April 8th, 2025 in news by sally

‘An Islamic extremist who arrived in the UK seeking asylum has been jailed for supporting terror group Islamic State.’

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BBC News, 7th April 2025

Source: www.bbc.co.uk

UK Home Office loses attempt to keep legal battle with Apple secret – The Guardian

Posted April 8th, 2025 in news by sally

‘The investigatory powers tribunal, which investigates whether the domestic intelligence services have acted unlawfully, on Monday rejected a bid by the Home Office to withhold from the public the “bare details” of the case.’

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The Guardian, 7th April 2025

Source: www.theguardian.com

GI Globinvestment Ltd & Ors v XY ERS UK Ltd & Ors – Blackstone Chambers

Posted April 8th, 2025 in news by sally

‘On 28 March 2025, Mr Justice Jacobs handed down judgment in this substantial Commercial Court claim, dismissing the Claimants’ claim arising out of substantial losses they had made on investments which proved disastrous when the Covid-19 pandemic hit in 2020 and financial markets suffered severe falls.’

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Blackstone Chambers, 2nd April 2025

Source: www.blackstonechambers.com

“Logjam” of old High Court cases “blocking new disputes” – Legal Futures

Posted April 8th, 2025 in news by sally

‘A “logjam” of old cases at the High Court, with more than a quarter of cases taking up to three years to resolve, could be the reason for a “slight drop-off” in new actions last year, a report has found.’

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Legal Futures, 8th April 2025

Source: www.legalfutures.co.uk

Can I recover my costs after a fact finding hearing where no findings are made against me? – Becket Chambers

Posted April 8th, 2025 in news by sally

‘This article intends to demonstrate the current thinking in relation to an application for costs post fact-finding hearings. It is especially significant in cases where the party making the allegations is not legally aided, and what the potential consequences, are if findings are not made.’

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Becket Chambers, 1st April 2025

Source: becket-chambers.co.uk

Burglar who targeted Grindr app users sentenced – BBC News

Posted April 8th, 2025 in news by sally

‘The ringleader of a gang who targeted users of the LGBT dating app Grindr has been sentenced to more than four years in a young offender institution.’

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BBC News, 7th April 2025

Source: www.bbc.co.uk

The Crime and Policing Bill – Becket Chambers

Posted April 8th, 2025 in news by sally

‘The Crime and Policing Bill is currently in the committee stage in the House of Commons. It is a Bill to make provisions regarding various matters, including anti-social behaviour. The Bill proposes amendments to the Anti-Social Behaviour, Crime and Policing Act 2014 and this article is going to focus on the proposed amendment to insert a Part A1 into the Act creating a power to make respect orders.’

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Becket Chambers, 1st April 2025

Source: becket-chambers.co.uk

Evaluation of the Pathfinder Pilot in Private Law – published – Transparency Project

Posted April 8th, 2025 in news by sally

‘The Pathfinder was developed after the Harm Report (2020) recommended a more investigative approach to private law disputes. The aims of the Pathfinder were to improve the experiences of families in child arrangements proceedings, reduce the re-traumatisation of victim-survivors of domestic abuse, reduce the amount of time families spent in court, and improve coordination between agencies. It began in North Wales and Dorset in February 2022 and expanded to South east Wales and Birmingham in spring 2024. We wrote a blog post about its operation in Cardiff here. The President has been vocal about his hopes that the Pathfinder will eventually becomes the default model in private law.’

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Transparency Project, 8th April 2025

Source: transparencyproject.org.uk

Asylum Processing Delays: A System in Need of Transparency and Change – Angela Sharma – Church Court Chambers

Posted April 8th, 2025 in news by sally

‘Angela Sharma explores asylum processing delays, and argues that the UK’s asylum system is in need of urgent reform to ensure that it is fair, robust, and credible.’

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Church Court Chambers, 2nd April 2025

Source: churchcourtchambers.co.uk

People held at UK asylum centre sue government for human rights breach – The Guardian

Posted April 8th, 2025 in news by sally

‘At least 250 people who were detained at Manston asylum centre during a period when it was dangerously overcrowded and grappling with outbreaks of infectious diseases are suing the government for unlawful detention and other breaches of their rights.’

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The Guardian, 7th April 2025

Source: www.theguardian.com

Mental Capacity Report – April 2025 – 39 Essex Chambers

Posted April 8th, 2025 in news by sally

‘Highlights this month include:

– In the Health, Welfare and Deprivation of Liberty Report: a masterclass in determining a particularly complex set of capacity questions;
– In the Property and Affairs Report: statutory will applications and publicity; OPG guidance on family care payments, and the bond provider saga continues;
– In the Practice and Procedure Report: a helpful reminder of elephant traps for the unwary as regards when time runs for purposes of appealing decisions;
– In the Mental Health Matters Report: the Mental Health Bill progresses, and the CQC reports on the MHA 1983 in 2023-24;
– In the Children’s Capacity Report: a new BMA toolkit to help with capacity and other issues in relation to those aged 16 and 17, and back to the vexed question of parental consent to confinement;
– In the Wider Context Report: the inherent jurisdiction rebuffed in a personal injury case, recent research of relevance, and strong views from the CRPD Committee on medical assistance in dying and the 2000 Hague Convention.
– In the Scotland Report: what is appealable in the AWI context, and the complexities of the position of those aged 16 and 17 in Scotland.’

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39 Essex Chambers, 1st April 2025

Source: www.39essex.com

Chartered legal executives could get standalone litigation rights – Legal Futures

Posted April 8th, 2025 in news by sally

‘CILEx Regulation (CRL) has launched plans for chartered legal executives to obtain standalone rights to conduct litigation without having to seek rights of audience at the same time.’

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Legal Futures, 8th April 2025

Source: www.legalfutures.co.uk

Patient devastated by hysterectomy without informed consent – BBC News

Posted April 8th, 2025 in news by sally

‘Multiple failings led to a patient with Crohn’s disease having a hysterectomy without giving informed consent, an ombudsman has found.’

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BBC News, 8th April 2025

Source: www.bbc.co.uk

Plastic surgeon found guilty of attempted murder of fellow doctor – The Guardian

Posted April 8th, 2025 in news by sally

‘A surgeon has been convicted of the attempted murder of a fellow doctor, after he broke into his house, doused the ground floor in petrol and stabbed his victim, whom he wanted “out of the way”.’

Full Story

The Guardian, 7th April 2025

Source: www.theguardian.com