Weekly Notes: legal news from ICLR, 24 March 2025
This week’s roundup includes the legal professions, legislation, crime, and law libraries. Plus recent case law and commentary.
The ICLR
Recent legal news
Legal professions
In days of yore a grisly fate awaited any Lord Chancellor who strayed too far from the good graces of their premier…
as the present incumbent of that post reminded us this week. Shabana Mahmood MP was speaking at the ceremony to welcome newly appointed King’s Counsel in Westminster Hall.
“These ancient walls have borne witness to some of the most defining cases in our history. Here, Charles the First was tried; the gunpowder plotters faced justice; and one of my predecessors, Sir Thomas More, was handed down his grisly fate. A warning, perhaps, to any Lord Chancellor who strays too far from the good graces of their premier. Happily, reshuffles are a little less bloody these days.”
One hopes her own premier, himself a KC, does not have any plans to revive the ancient custom of kingly reshuffles, in which axing someone from the team was taken somewhat literally (a sharp practice, you might think). Westminster Hall is not Wolf Hall, at any rate.
She went on to praise the Silken Bar for its achievements, and also remind them of its responsibilities:
“The rank of King’s Counsel is not simply a mark of excellence. It is a symbol of the strength of our legal system, recognised not just in this country but across the world. It underpins the global reputation of our legal services sector — which stands as a guarantee of integrity, expertise, and the highest standards of advocacy.
And with this distinction comes a broader duty: to ensure that cases are argued fairly; to test and challenge the law, so it remains robust and just; and, in doing so, to shape the legal precedents that will influence justice for generations.”
She also took the opportunity to stand up for the judiciary (unlike some of her immediate predecessors, one of whom was no better than a limp lettuce in that regard):
“Judges dispense the law — and we can all debate the law. But as Lord Chancellor, what I will not accept, what I will never countenance, are attacks on those who are doing their duty, upholding the law of our land.”
(Emphasis added — and punctuation improved.)
Legislation: assisted dying
The fiercely debated Terminally Ill Adults (End of Life) Bill presented by Kim Leadbeater MP in the House of Commons last year continues its journey through parliament.
Sir James Munby, former President of the Family Division, has contributed another guest post to the Transparency Project blog on the issue of judicial involvement in the approval of assisted dying decisions. Assisted dying : what role for the tribunal? Thoughts on the latest proposals (21 Feb 2025) considers the amendments to clause 12 proposed by Ms Leadbeater on 13 February 2025, which now provide for judicial involvement in a panel with other experts rather than at a hearing in court.
Another recent change may mean that the government has up to four years to implement the Bill when passed, ie until 2029, which may be the next election year. See Reuters, UK’s proposed assisted dying law could be delayed until 2029.
Meanwhile the Isle of Man has forged ahead with its own legislation on the matter. Tortoise reports that the legislation, introduced in 2022 by the GP and politician Alex Allinson, still requires royal assent but could mean terminally ill residents can legally access assisted dying in 2027. This presumably refers to the Assisted Dying Bill 2023. The Manx legislation does not involve judicial approval, though clause 5 requires the person requesting assistance to have sufficient mental capacity to decide the question, and that is something that might be subject to judicial consideration if legally challenged.
See also: BBC, First place in British Isles approves right to die
Crime
The government has promised More funding to combat rural and wildlife crime, such as equipment theft, livestock theft and hare coursing which it says “can devastate countryside communities, farming and wildlife”, through a funding boost to dedicated police units. The National Rural Crime Unit and National Wildlife Crime Unit will receive over £800,000 to continue their work tackling rural and wildlife crime, which can pose unique challenges for policing given the scale and isolation of rural areas.
The government says it is “determined to ensure its Safer Streets Mission applies to all communities no matter where they live with rural communities set to benefit from more visible local policing through the Neighbourhood Policing Guarantee”. This presumably means extending its concept of “Safer Streets” to safer country lanes, farm tracks and bridleways. (And for the sake of both the economy and the environment, please provide better public transport and communications to remote areas.)
Law libraries
The Law Society library is offering Bitesize research training for members, providing an overview of legal databases, the library’s resources and how to effectively search for case law, legislation, commentary and precedents. The 30 minute, one-to-one, legal research sessions can be tailored to your needs in the library or remotely.
Sessions are available every Wednesday from 1pm to 3pm and can be delivered either in person, in the library or online.
Middle Temple library’s current exhibition celebrates the Inn’s significant collection of sixteenth and seventeenth century books published in Spain, and includes some items from the Inn’s Archive on the War of the Spanish Succession of 1701–1714. The exhibition, entitled Sixteenth to Eighteenth Century Spanish Connections at Middle Temple, runs to April 2025 and can be visited during opening hours. An online version of the exhibition can be viewed here.
Other recent items
The Transparency Project blog published a post on Access to Family Court documents under the open justice principle. This was about a case where the BBC, when following a case in the family courts, were given permission to see certain extra documents. Other parties in the case weren’t happy about this and applied for permission to appeal (PTA). One of the issues was the extent to which the documents related to matters occurring prior to the court proceedings, such as a private fostering arrangement, which thus fell outside the scope of the open justice principle.
Joshua Rozenberg, A Lawyer Writes, blogged about the New offence needed, of preparing to carry out multiple killings, recommended by the independent reviewer of terrorism legislation, Jonathan Hall KC, in response to the evidently planned killings by Axel Rudakubana last summer. It would allow a lone plotter such as Rudakubana to receive life imprisonment. But, said Hall, the definition of terrorism is already wide enough and should not be extended.
The Law and Policy Blog had a piece, Reckoning the legal and practical significance of the United States deportations case, in which David Allen Green considers the anonymously named case J.G.G. et al v. Trump et al. (1:25-cv-00766) and the fate of the Venezuelans sought to be deported by the Trump administration despite legal objection and court rulings, and its implications for the rule of law.
Recent case summaries from ICLR
A selection of recently published WLR Daily case summaries from ICLR.4
COMPETITION — Collective proceedings — Certification: Bulk Mail Claim Ltd v International Distribution Services plc (formerly Royal Mail plc), 12 Mar 2025 [2025] CAT 19; [2025] WLR(D) 149, CAT
CRIME — Practice — Trial: R v BAP, 14 Mar 2025 [2025] EWCA Crim 266; [2025] WLR(D) 155, CA
EMPLOYMENT — Unfair dismissal — Reasonableness of dismissal: Hewston v Ofsted, 14 Mar 2025 [2025] EWCA Civ 250; [2025] WLR(D) 150, CA
EQUITY — Fiduciary duty — Breach: DAMAGES — Breach of fiduciary duty — Quantum: Recovery Partners GP Ltd v Rukhadze, 19 Mar 2025 [2025] UKSC 10; [2025] WLR(D) 159, SC(E)
IMMIGRATION — Asylum — Appeal: R (Secretary of State for the Home Department) v First-tier Tribunal (Asylum Support), 21 Mar 2025 [2025] EWHC 694 (Admin); [2025] WLR(D) 165, KBD
INSOLVENCY — Adjustment of prior transactions — Transactions at undervalue or preferences: In re Ethos Solutions Ltd (Purkiss v Kennedy), 14 Mar 2025 [2025] EWCA Civ 268; [2025] WLR(D) 151, CA
PLANNING — Development — Permitted development: Rex (Thomas) v Cheltenham Borough Council, 13 Mar 2025 [2025] EWCA Civ 259; [2025] WLR(D) 147, CA
PRACTICE — Family proceedings — Application to set aside order: In re K (Children), 18 Mar 2025 [2025] EWCA Civ 263; [2025] WLR(D) 156, CA
RESTITUTION — Unjust enrichment — Ingredients of claim: H&P Advisory Ltd v Barrick Gold (Holdings) Ltd, 12 Mar 2025 [2025] EWHC 562 (Ch); [2025] WLR(D) 154, Ch D
REVENUE — Corporation tax — Capital allowances: Orsted West of Duddon Sands (UK) Ltd v Revenue and Customs Comrs, 17 Mar 2025 [2025] EWCA Civ 279; [2025] WLR(D) 152, CA
Recent case comments on ICLR
Expert commentary from firms, chambers and legal bloggers recently indexed on ICLR.4 includes:
Local Government Lawyer: Seeking clarification of tenders: Working on Wellbeing Ltd (trading as Optima Health) v Secretary of State for Work and Pensions [2024] EWHC 766 (TCC), KBD
QMLR: MJF: a re-emphasis on statements of case and evidential rigour: MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB), KBD
Law Society Gazette: Conditional fee agreements can apply retrospectively, Court of Appeal rules: Singh v Ingram [2025] EWCA Civ 264, CA
Local Government Lawyer: High Court rejects claims of “combined duty” on council to operate system that ensures provision of same-sex personal care: R (VRP) v Kingston upon Thames Royal Borough Council[ 2025] EWHC 504 (Admin), KBD
Legal Futures: Court allows City giant to progress ex-client’s claim on assignment: DLA Piper Uk LLP v Henshaws Farming LLP [2025] EWHC 542 (Ch), Ch D
Local Government Lawyer: High Court rejects application by teenage boy to return to UK from boarding school in Ghana: S v F & Anor [2025] EWHC 439 (Fam), Fam D
Local Government Lawyer: Upper Tribunal judge allows appeal by mother in EHCP case over pagination issues, criticises First Tier Tribunal for “putting off” issues for later: RP v Barnsley Metropolitan District Council [2025] UKUT 46 (AAC), UT
Local Government Lawyer: Court of Appeal upholds plan for adoption for 18-month-old boy as placement with extended family in Pakistan “not achievable within his timescales”: M (A Child) (Placement Order) [2025] EWCA Civ 214, CA
Nearly Legal: Starter tenancies, extensions, and section 21 claims — An ASB case: Yorkshire Housing Limited v Scott, 30 Oct 2024 Judgment PDF, County Ct
4–5 Gray’s Inn Square Chambers: Significant statement of law on Construction All Risks Insurance: Sky UK Limited v Riverstone Managing Agency Ltd [2024] EWCA Civ 1567, CA
Free Movement: Court of Appeal says exclusion of those with deportation orders from trafficking concession is lawful: S v Secretary of State for the Home Department; VLT v Same [2025] EWCA Civ 188, CA
Free Movement: Court of Appeal confirms Home Office must consult Medical Justice on immigration detention policy: Medical Justice v Secretary of State for the Home Department [2025] EWCA Civ 251, CA
Law Society Gazette: Firm wins legal aid appeal over 10,000 pages of prosecution evidence: R v Tan Cong Nguyen [2025] EWHC 633 (SCCO), Costs
Out-Law: Insurance intermediaries working with offshore insurers may reclaim UK VAT: Hastings Insurance Services Limited v The Commissioners for HMRC [2025] UKFTT 275 (TC), FTT
Free Movement: No duty for Home Office to carry out impact assessment before revoking sponsor licence: R (Prestwick Care Ltd) v Secretary of State for the Home Department [2023] EWHC 3193 (Admin), KBD
Free Movement: Home Office decision to “correct” grant of indefinite leave made in error held to be lawful: R (YC) v Secretary of State for the Home Department, Unreported (JR-2024-LON-000850), UT
Out-Law: UK tax tribunal confirms limits of third-party access to documents in appeals: Bolt Services UK Ltd v Revenue and Customs Comrs [2025] UKFTT 302 (TC), FTT
Free Movement: High Court finds that three men were unlawfully accommodated at Wethersfield: TG v Secretary of State for the Home Department [2025] EWHC 596 (Admin), KBD
Free Movement: No damages for failure to grant leave to survivor of trafficking: R (KM (Nigeria)) v Secretary of State for the Home Department [2025] UKUT 92 (IAC), UT
And finally…
ICLR Pupillage Award
If you are taking up pupillage at any time between October 2025 and October 2026, and being paid a total for the pupillage year (including guaranteed earnings) of no more than £37,500 (in London) or £32,500 (outside London), you could receive our top-up award of a further £13,000.
Find out more: ICLR Pupillage Award 2025
That’s it for this week. Thanks for reading, and make sure you’re signed up for our email alerts. Don’t forget you can also now find ICLR on BlueSky.
This post was written by Paul Magrath, Head of Product Development and Online Content. It does not necessarily represent the opinions of ICLR as an organisation.
Featured image: Westminster Hall in days of yore (via Shutterstock)