BAILII: Recent Decisions

Posted April 14th, 2025 in law reports by michael

Court of Appeal (Civil Division)

Syspal Capital Ltd v Truman & Anor [2025] EWCA Civ 469 (14 April 2025)

Islam, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 458 (11 April 2025)

High Court (Administrative Court)

Grantchester Parish Council, R (On the Application Of) v Cambridge City Council [2025] EWHC 923 (Admin) (14 April 2025)

Ocean Outdoor UK Ltd v Secretary of State for Housing, Communities and Local Government & Ors [2025] EWHC 901 (Admin) (11 April 2025)

High Court (Commercial Court)

Super Fast Trading Ltd v Governor and Company of the Bank of Ireland & Anor [2025] EWHC 871 (Comm) (11 April 2025)

High Court (Family Division)

A Local Authority v X (Mother) & Anor [2025] EWHC 900 (Fam) (11 April 2025)

High Court (King’s Bench Division)

HXZ v NMX [2025] EWHC 916 (KB) (14 April 2025)

Yousufi v Matharu (Rev1) [2025] EWHC 917 (KB) (14 April 2025)

Spanakis v Schillings International LLP [2025] EWHC 873 (KB) (14 April 2025)

Wei & Ors v Long & Ors [2025] EWHC 912 (KB) (11 April 2025)

Source: www.bailii.org

Deportation vs. Removal: Key Differences in UK Immigration Law – EIN Blog

Posted April 14th, 2025 in news by sally

‘In discussions surrounding UK immigration law, the terms ‘deportation’ and ‘removal’ are often used interchangeably, yet each holds a distinct legal definition. This article seeks to clarify the differences between deportation and removal within the context of UK immigration law.’

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EIN Blog, 14th April 2025

Source: www.ein.org.uk

The Windsor Framework and the autonomy of EU law: a fait accompli or Pandora’s box? – Administrative Court Blog

Posted April 14th, 2025 in news by sally

‘It is now 5 years since the UK officially left the EU, and 4 years since the full weight of the UK-EU Withdrawal Agreement (WA) came into effect. Its purpose is to sever the UK from the EU legal order, with its attendant rights and obligations, except for the ones specifically within the WA. Part of these rights and obligations, contained in the Ireland/Northern Ireland Protocol – renamed the Windsor Framework (WF) in 2023 – continue to include Northern Ireland within the Single Market for goods, as well as within the EU’s equality and non-discrimination laws as these evolve and change. The WF also provides Northern Ireland with a guarantee against diminution of the accumulated EU rights which existed just before Brexit, and which underpin the Rights, Safeguards and Equality of Opportunity (RSEO) chapter of the Belfast (Good Friday) Agreement 1998 (GFA), which ended the brutal Northern Ireland conflict and ushered in a new (albeit somewhat unstable) era of post-conflict devolution.’

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Administrative Court Blog, 14th April 2025

Source: administrativecourtblog.wordpress.com

Lauren Fullerton and Arran Dowling-Hussey look at where next for SEND (special educational needs and disabilities) law? – 4-5 Gray’s Inn Square

Posted April 14th, 2025 in news by sally

‘Tariffs and special educational needs and disabilities law are rarely spoken about in the same breath. The mid-April, 2025 economic headwinds caused by the American government’s trade policies may exacerbate existing trends identified earlier this year which can impact on SEND. A month or so before the stock and bond market chaos caused by Donald Trump’s ‘Liberation day’ the Education Secretary Bridget Phillipson counselled parents that they must ‘think very differently’ on SEND support. In a speech to the Association of School and College Leaders (ASCL) annual conference Phillipson sign posted that there would likely be reforms to the 2014 Children and Families Act. She remarked “I think we need to take a step back from the system that we have right now, the system that came from the 2014 reforms, and start to think very differently about what the system will look like.”‘

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4-5 Gray's Inn Square, 11th April 2025

Source: www.4-5.co.uk

Climate protest jail term deemed ‘disproportionate’ – BBC News

Posted April 14th, 2025 in news by sally

‘A human rights expert has described the year-long sentence given to a climate change activist as “blatantly disproportionate”.’

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BBC News, 14th April 2025

Source: www.bbc.co.uk

Assensus Limited v Wirsol Energy Limited [2025] EWHC 503 (KB) – 4-5 Gray’s Inn Square

Posted April 14th, 2025 in news by sally

‘Construction disputes, as indeed is the case with other types of disputes, can have a heavy financial cost for both sides. ‘Victory’ can in defined circumstances take on a pyrrhic taste if the costs of the proceedings don’t go to the winning party. The March 2025 decision in Assensus is part of a sequence of important cases dealing with the issue of how costs are, or may be, treated when there has been a refusal to mediate.’

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4-5 Gray's Inn Square, 10th April 2025

Source: www.4-5.co.uk

Court of Appeal hands down key ruling on appointment of intermediaries after finding judge was wrong to refuse assistance to vulnerable mother – Local Government Lawyer

Posted April 14th, 2025 in news by sally

‘The Court of Appeal has allowed a mother’s appeal against a judge’s refusal to grant her intermediary assistance in care proceedings, finding that the judge paid “insufficient attention” to the mother’s difficulties.’

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Local Government Lawyer, 11th April 2025

Source: www.localgovernmentlawyer.co.uk

Mother who murdered her two young sons, 2 and 5, in the bath is jailed – The Independent

Posted April 14th, 2025 in news by sally

‘A mother who killed her two young sons while in a psychotic state has been jailed for life.’

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The Independent, 11th April 2025

Source: www.independent.co.uk

Making a decision on mental capacity – Law Society’s Gazette

Posted April 14th, 2025 in news by sally

‘When does an individual lack mental capacity? Section 2(1) of the Mental Capacity Act 2005 (MCA) says ‘a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain’. And (per section 2(2)), it matters not whether the impairment or disturbance is permanent or temporary. Nevertheless, the capacity principles in section 1 of the MCA require (per section 1(2)) that a person must be assumed to have capacity unless it is established that he lacks capacity. Moreover (per section 1(4)): “A person is not to be treated as unable to make a decision merely because he makes an unwise decision.” ‘

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Law Society's Gazette, 11th April 2025

Source: www.lawgazette.co.uk

‘I didn’t trust the system’: lasting trauma of Windrush victim barred from UK for 10 years – The Guardian

Posted April 14th, 2025 in news by sally

‘Winston Jones, who for a decade was unable to return home from Jamaica, almost didn’t apply for compensation, fearing it was a trap.’

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The Guardian, 14th April 2025

Source: www.theguardian.com

Woman who smothered terminally ill dad sentenced – BBC News

Posted April 14th, 2025 in news by sally

‘A woman described as a “devoted daughter” has received a suspended prison sentence after she admitted the manslaughter of her terminally ill father.’

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BBC News, 11th April 2025

Source: www.bbc.co.uk

Council fined £200k after man injured installing town’s Christmas tree – Local Government Lawyer

Posted April 14th, 2025 in news by sally

‘Bury Metropolitan Borough Council has been fined £200,000 after an employee was injured while installing the town’s 20-foot Christmas tree.’

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Local Government Lawyer, 11th April 2025

Source: www.localgovernmentlawyer.co.uk

Bill to save British Steel plant becomes law after king’s approval – The Guardian

Posted April 14th, 2025 in news by sally

‘Proposals to save British Steel’s Scunthorpe blast furnaces have been granted royal assent after an extraordinary parliament sitting on Saturday.’

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The Gurdian, 12th April 2025

Source: www.theguardian.com