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Construction firms must ‘contract differently’ to address climate claims risk – OUT-LAW.com

‘Stakeholders in construction projects that rethink the way they address climate change in project contracts will get ahead of a forthcoming new wave of emissions-related claims expected to impact the industry, an expert has said.’

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OUT-LAW.com, 19th February 2025

Source: www.pinsentmasons.com

Supermarket wins farmer protest injunction – OUT-LAW.com

Posted February 18th, 2025 in agriculture, demonstrations, injunctions, news, roads by sally

‘A major UK supermarket has won an injunction to prohibit farmers from protesting at its distribution centres and from blocking nearby access roads.’

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OUT-LAW.com, 17th February 2025

Source: www.pinsentmasons.com

Freezing orders in England and Wales – OUT-LAW.com

Posted February 17th, 2025 in damages, debts, freezing injunctions, news by sally

‘A freezing order is a court order which prevents a party from disposing of or dealing with its assets. It is therefore an essential tool for those looking to protect assets to ensure those assets are available to satisfy a court order.’

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OUT-LAW.com, 14th February 2025

Source: www.pinsentmasons.com

CAP update shows complexity of UK ‘less healthy’ food and drink advertising ban – OUT-LAW.com

Posted February 14th, 2025 in advertising, codes of practice, consultations, food, health, media, news by sally

‘The Committee of Advertising Practice’s (CAP) update regarding media restrictions on advertisements for “less healthy” food and drinks products reveals the complexity of the issues to be considered by stakeholders, an expert has said.’

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OUT-LAW.com, 13th February 2025

Source: www.pinsentmasons.com

EECTA: UK corporate governance changes in force and on the horizon – OUT-LAW.com

‘Initial elements of the Economic Crime and Corporate Transparency Act (ECCTA) were implemented last year with businesses urged to increase their understanding of the Act ahead of further obligations expected to come into force from this spring.’

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OUT-LAW.com, 7th February 2025

Source: www.pinsentmasons.com

Court of Appeal clarifies foreign judgment enforceability requirements – OUT-LAW.com

Posted February 10th, 2025 in appeals, bankruptcy, damages, enforcement, foreign jurisdictions, insolvency, news, Russia by sally

‘A recent Court of Appeal decision has brought significant clarity to the requirements for bringing a bankruptcy petition in England and Wales, concluding that simply possessing a foreign judgment is not sufficient grounds for initiating such a petition.’

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OUT-LAW.com, 7th February 2025

Source: www.pinsentmasons.com

UK court shuts door on ‘second medical use’ SPCs – OUT-LAW.com

Posted February 7th, 2025 in appeals, EC law, medicines, news by sally

‘Pharmaceutical companies cannot obtain UK supplementary protection certificates (SPCs) for medicinal products for which a second medical use has been found where those products have already been the subject of a marketing authorisation issued by regulators, the Court of Appeal in England and Wales has confirmed.’

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OUT-LAW.com, 4th February 2025

Source: www.pinsentmasons.com

Pensions tribunal decisions highlight need for procedural compliance – OUT-LAW.com

Posted February 6th, 2025 in appeals, employment, fines, news, ombudsmen, pensions, statistics, tribunals by sally

‘A number of recent UK First-tier Tribunal (FTT) rulings highlight the importance of following the tribunal’s rules, in particular to provide the documentation required in appeals against The Pensions Regulator, an expert has said.’

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OUT-LAW.com, 5th February 2025

Source: www.pinsentmasons.com

UK court shuts door on ‘second medical use’ SPCs – OUT-LAW.com

Posted February 5th, 2025 in EC law, medicines, news, patents by sally

‘Pharmaceutical companies cannot obtain UK supplementary protection certificates (SPCs) for medicinal products for which a second medical use has been found where those products have already been the subject of a marketing authorisation issued by regulators, the Court of Appeal in England and Wales has confirmed.’

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OUT-LAW.com, 4th February 2025

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted February 3rd, 2025 in law reports by sally

Supreme Court

The Father v Worcestershire County Council [2025] UKSC 1 (29 January 2025)

Court of Appeal (Civil Division) Decisions

Servis-Terminal LLC v Drelle [2025] EWCA Civ 62 (31 January 2025)

L-G (Children: Risk Assessment) [2025] EWCA Civ 60 (31 January 2025)

Mead Realisations Ltd v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWCA Civ 32 (30 January 2025)

JP Morgan International Finance Ltd v WeRealize.com Ltd [2025] EWCA Civ 57 (30 January 2025)

Airwave Solutions Ltd & Ors v Competition and Markets Authority & Anor [2025] EWCA Civ 54 (30 January 2025)

Norman Hay PLC v Marsh Ltd [2025] EWCA Civ 58 (30 January 2025)

Kingdom of Spain v Lorenzo (Supplementary Judgment) [2025] EWCA Civ 59 (29 January 2025)

Court of Appeal (Criminal Division)

Hobday v R. (Rev1) [2025] EWCA Crim 46 (31 January 2025)

High Court (Chancery Division)

Sino-Ocean Group Holding Ltd, Re [2025] EWHC 205 (Ch) (03 February 2025)

Arcadia Group Pension Trust Ltd v Smith [2025] EWHC 11 (Ch) (03 February 2025)

White v Williams [2025] EWHC 115 (Ch) (03 February 2025)

Xenfin Fund 1 Trading Ltd v GFG Ltd & Ors [2025] EWHC 172 (Ch) (31 January 2025)

Management Information Centre Ltd v Royal Berkshire NHS Foundation Trust [2025] EWHC 187 (Ch) (31 January 2025)

Van Buuren v Chief Constable of Cambridgeshire Constabulary & Ors [2025] EWHC 195 (KB) (31 January 2025)

Hanson v Coleman & Anor (Re Costs) [2025] EWHC 116 (Ch) (31 January 2025)

Office Properties PL Ltd & Ors v Adcamp LLP & Anor [2025] EWHC 170 (Ch) (30 January 2025)

High Court (Commercial Court)

Tactus Holdings Ltd v Jordan & Ors [2025] EWHC 133 (Comm) (29 January 2025)

Wyllie & Ors v Joseph & Ors [2025] EWHC 157 (Comm) (29 January 2025)

High Court (Family Division)

C (A Child) (Recognition of Nigerian Adoption) (Rev1) [2025] EWHC 204 (Fam) (03 February 2025)

V, Re (Profound Disabilities) [2025] EWHC 200 (Fam) (31 January 2025)

H v O & Ors (Art 13(b) and Domestic Abuse) [2025] EWHC 114 (Fam) (29 January 2025)

High Court (Patents Court)

Celltrion Inc v Genentech, Inc & Anor [2025] EWHC 174 (Pat) (30 January 2025)

Source: www.bailii.org

Court of Appeal clarifies approach to tax deductibility of regulatory breach payments – OUT-LAW.com

Posted January 29th, 2025 in appeals, corporation tax, energy, HM Revenue & Customs, news, taxation by sally

‘A recent judgment by the Court of Appeal of England and Wales makes clear the correct approach to issues regarding the tax deductibility of payments made in settlement of regulatory breaches, experts have said.’

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OUT-LAW.com, 28th January 2025

Source: www.pinsentmasons.com

UK tribunal decides individual was agency worker despite use of PSC – OUT-LAW.com

‘A recent employment tribunal decision has shown that a contractor engaged via a personal service company (PSC) can be held under UK employment law to be an agency worker, and therefore entitled to the protection of worker rights.’

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OUT-LAW.com, 24th January 2025

Source: www.pinsentmasons.com

Ruling clarifies court expectations on challenges raised to bill of costs – OUT-LAW.com

Posted January 27th, 2025 in civil procedure rules, costs, indemnities, news by sally

‘Businesses commencing court proceedings in England and Wales have obtained fresh guidance on what they need to do when seeking to challenge costs claims put forward by opponents they are in litigation against, experts have said.’

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OUT-LAW.com, 24th January 2025

Source: www.pinsentmasons.com

Obtaining imaging orders from the English courts – OUT-LAW.com

Posted January 27th, 2025 in civil justice, computer programs, disclosure, evidence, fraud, injunctions, news by sally

‘Imaging orders offer another useful tool to civil fraud litigators needing to urgently prevent the concealment and destruction of relevant digital evidence.’

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OUT-LAW.com, 24th January 2025

Source: www.pinsentmasons.com

Directors duties after the BHS decisions – Gatehouse Chambers

Posted January 23rd, 2025 in chambers articles, company directors, insolvency, news by sally

‘In March 2015, BHS was sold for to Retail Acquisition Limited for the princely sum of just £1. Dominic Chappell (a thrice bankrupt former racing driver with no experience in retail) and his fellow directors took the helm of the struggling group. A little over a year later, in April 2016, BHS collapsed into administration and later insolvent liquidation by which point the net deficiency was a staggering £1.3 billion).’

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Gatehouse Chambers, 18th December 2025

Source: gatehouselaw.co.uk

Thatchers triumph in Court of Appeal copycat battle – OUT-LAW.com

Posted January 22nd, 2025 in appeals, competition, intellectual property, news, trade marks by sally

‘A recent court of Court of Appeal decision is “game changing” for brand owners and signals a renewed commitment by the UK courts to protecting brand identity and ensuring fair competition, experts have said.’

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OUT-LAW.com, 21st January 2025

Source: www.pinsentmasons.com

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

Posted January 20th, 2025 in local government, news, public procurement by sally

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

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OUT-LAW.com, 17th January 2025

Source: www.pinsentmasons.com

UK copyright reform ‘could expose AI developers to mass claims’ – OUT-LAW.com

Posted January 16th, 2025 in artificial intelligence, class actions, copyright, disclosure, news by sally

‘Plans to force AI developers to disclose what content they use to train their AI models could support a new wave of mass claims litigation by content creators, an expert in intellectual property law has said.’

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OUT-LAW.com, 15th January 2025

Source: www.pinsentmasons.com

Law ‘must continue to evolve’ in line with a rapid shift towards a digital society – OUT-LAW.com

Posted January 14th, 2025 in cryptocurrencies, local government, news, statutory interpretation by sally

‘A recent High Court of England and Wales decision highlights the speed at which the law is continuing to evolve and must continue to, so that it can properly deal with digital assets such as cryptocurrency, an expert has said.’

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OUT-LAW.com, 13th January 2025

Source: www.pinsentmasons.com

UK ruling clarifies ‘good arguable case’ threshold for freezing injunction – OUT-LAW.com

Posted January 9th, 2025 in costs, freezing injunctions, jurisdiction, news by sally

‘A recent judgment by the Court of Appeal provides long-awaited clarity to the threshold to be met in demonstrating a “good arguable case” when seeking to obtain a worldwide freezing order (WFO).’

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OUT-LAW.com, 8th January 2025

Source: www.pinsentmasons.com