Blog
The Galilee Paradox: what’s going on in the case law on amendments in the ET?
Abstract This post summarises the current state of the authorities, and observes what appears to be an inconsistency in the case law: Galilee and Reuters and Szymoniak say that granting an amendment cannot circumvent limitation; Macfarlane and Modality assume that it can (and sometimes does). Case links appear below. Law In Galilee v The Commissioner […]
Public Children Law Case Update – Autumn 2025
J and K and LB of Haringey (through their Regional Adoption Agency, Adopt London) [2025] EWHC 1268 (Fam). The case concerned an application for an adoption of a 17 year old. The issue in this case was whether the applicant (J) and the mother (K) were deemed to be ‘partners in an enduring family relationship’. […]
Private Children Law Case Update – Autumn 2025
ER v NT [2025] EWHC 2146 (Fam) Mr Justice MacDonald https://www.bailii.org/ew/cases/EWHC/Fam/2025/2146.html This case concerned M’s appeal against: a decision not to order a fact-finding hearing into allegations of domestic abuse and coercive and controlling behaviour; and the ordering of interim contact. Background The child, ‘CT’, was born on 22 March 2023 and was two years […]
Duty of Care of Highway Authorities for Grass Verges and the Evidential Issues in a Section 58 Defence – by Palak Sikri
Karpasitis v Hertfordshire City Council [2025] EWCA Civ 788 – Duty of Care of Highway Authorities for Grass Verges and the Evidential Issues in a Section 58 Defence Background In April 2020, while cycling along a familiar path, the Claimant, Mr Karpasitis, attempted to overtake a jogger and, in doing so, rode onto the grass […]
Re J, K, and L (application for non-agency adoptions) [2025] EWFC 157(B)
Jayne Harrill, instructed by Rizwana Khan of Barrett and Thomson, successfully represents the mother in opposing the foster carers’ application for non-agency Adoption Orders. The three children were made the subject of Care Orders and Placement Orders in 2020 and had been placed with the long-term foster carers. The local authority initially supported the foster […]
Public Children Law Case Update – Summer 2025
Re K and Re S (Legal Aid: Experts’ Fees) [2025] EWFC 100 These two decisions raised the issue as to what the Court should do when the instruction of an expert has been authorised in Public Law proceedings, and the Court has directed that the expert’s fees are to be covered in equal contributions from […]
Private Children Law Case Update – Summer 2025
KL v BA [2025] EWHC 102 (Fam) This case concerned applications for child arrangements orders in relation to a child aged 4. The court was tasked with determining whether the effect of a declaration of non-parentage rendered a party’s parental responsibility ‘void ab initio’ (i.e. never having had any legal effect) or whether that party […]
Family Justice Council Guidance – Covert Recordings in Family Proceedings Concerning Children: Key Takeaways
The issue of covert recordings within family proceedings has been described by the President of the Family Division as a ‘growing area for the courts to consider with little guidance available to judges or other professionals.’ As such, the guidance document published by the Family Justice Council on 15 May 2025 is undoubtedly welcomed by […]
Latest Whiplash Regulations effective from 31 May 2025 – By Nazifa Chowdhury
The Lord Chancellor has introduced a circa 15% uplift to the tariffs set out in the Whiplash Injury Regulations 2021, which will apply to all claims for whiplash injury lasting up to 2 years, where the cause of action accrues on or after 31 May 2025. The updated tariffs in the Whiplash Injury (Amendment) Regulations […]
Sentencing Historic Sex Offences
The Sentencing Children and Young People guideline is now a widely utilised mechanism for approaching youth offenders. However, this guideline is also essential to consider when an adult is being tried for historic sex offences, carried out in his or her childhood. In approaching sentence for these individuals, counsel must consider the overarching Sentencing Children […]
Observations on two different public liability cases alleging breach of statutory duty under s.41 Highways Act 1980 (Duty to maintain highways maintainable at public expense) which gave rise to different outcomes
Applicable law As a matter of law, the burden of proving the injury and the circumstances of the accident, including the nature of the defect, lies on the Claimant. However, the burden of proof for the special defence under s.58 Highways Act 1980 lies on the Defendant. In terms of what a Claimant must prove […]
The implications of Re X&Y on the High Court’s ability to revoke adoption orders
The Court of Appeal has firmly closed the door on the High Court exercising an inherent jurisdiction to revoke adoption orders. Does the decision in Re X & Y (Children: Adoption Order: Setting Aside) [2025] EWCA Civ 2 (“Re X & Y”) come as any particular surprise? And where does it leave those who are […]
