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Internet for Lawyers: law updates, tech for lawyers and lawtech news, views and resources. Formerly posting as @lawtweets on the other place.
Website https://www.infolaw.co.uk
Nick Holmes posts in a personal capacity as
@nickholmes53.bsky.social.
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infolaw
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· 20h
Rex (DM) v Secretary of State for the Home Department — [2025] WLR(D) 504
IMMIGRATION — Asylum — Child — Immigration Rules permitting adult refugees to obtain leave for partners and minor children to enter United Kingdom— — No provision made for child refugees to obtain leave for parents and siblings — Whether Secretary of State in breach of duty to discharge immigration “functions” having regard to need to safeguard and promote children’s welfare — Whether policy unlawful — Borders, Citizenship and Immigration Act 2009 (c 11), s 55 — Immigration Rules, paras 352A, 352D
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· 21h
K v P — [2025] WLR(D) 503
PRACTICE — Family proceedings — Qualified legal representative — Court appointing solicitor as qualified legal representative to cross-examine mother on father’s behalf in family proceedings — Same solicitor appointed to represent father in criminal proceedings where mother principal witness — Whether solicitor to be discharged as qualified legal representative in family proceedings — Matrimonial and Family Proceedings Act 1984 (c 42), s 31W — FPR Pt 1, Pt 3A, PD 3AB, para 8
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· 22h
African Distribution Company SARL v Aastar Trading Pte Ltd — [2025] WLR(D) 502
ARBITRATION — Practice — Challenge to award — Defendant commencing arbitration against claimant — Claimant allegedly not being served notice of nor participating in proceedings — Defendant obtaining arbitration award — Claimant applying to set aside arbitration award outside of 28-day limit prescribed by statute — Whether statutory claim that tribunal not properly constituted available to claimant after issue of award — Whether claim subject to 28–day time limit — Whether extensions of time to be granted — Arbitration Act 1996 (c 23), ss 67(1), 68(1), 70(1), 72(1)(2), 80(5) — CPR r 62.9
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· 1d
Secretary of State for the Home Department v Da Silva Pinho — [2025] WLR(D) 500
IMMIGRATION — Deportation — Appeal — Secretary of State issuing stage 1 decision notice in respect of intended deportee — Secretary of State subsequently issuing further deportation decision refusing human rights claim — Notice of appeal filed only in respect of stage 1 notice — First-tier Tribunal nonetheless determining human rights claim and allowing appeal on that ground — Whether First-tier Tribunal having jurisdiction to determine human rights appeal — Whether having power to waive procedural requirement to file notice of appeal for each decision to be considered — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 8 — Nationality, Immigration and Asylum Act 2002 (c 41), s 82 — Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (SI 2014/2604), rr 6, 19 — Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 (SI 2020/61), reg 8
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· 1d
Gordon v Information Comr — [2025] WLR(D) 499
FREEDOM OF INFORMATION — Disclosure — Exemption — Revenue refusing requests for disclosure of information relating to reported Supreme Court decision — Whether information absolutely exempt from disclosure — Whether prohibition on disclosure confined to taxpayer information protected by law of confidentiality — Freedom of Information Act 2000 (c 36), s 44(1)(a) — Commissioners for Revenue and Customs Act 2005 (c 11), ss 18(1), 23(1)
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· 1d
Beacon Cymru Group Ltd (formerly Coastal Housing Group Ltd) v Mitchell — [2025] WLR(D) 498
LANDLORD AND TENANT — Occupation contract — Landlord’s obligations — Landlord failing to comply with statutory obligation to give contract-holder electric condition report within stipulated time — Whether contract-holder consequently entitled to withhold rent — Whether rent paid as result of mistake of law — Whether landlords unjustly enriched by retaining rent paid — Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (SI 2022/6), reg 6 — Renting Homes (Supplementary Provisions) (Wales) Regulations 2022 (SI 2022/23), reg 11
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· 2d
Dharmeshkumar v Secretary of State for Housing, Communities and Local Government and another — [2025] WLR(D) 497
PLANNING — Development — Permitted development — Local planning authority granting prior approval for change of use of former office building to residential — Claimant carrying out works — Authority serving enforcement notice for breach of planning control — Whether works constituting “development” for which planning permission required — Whether falling within exception for “maintenance, improvement or other alteration” — Whether going beyond scope of prior approval — Whether inspector permitted to consider extrinsic evidence to interpret prior approval — Town and Country Planning Act 1990 (c 8), s 55 — Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596), Sch 2, Pt 2, Class O, Pt 3, para W(12)(a)
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· 2d
Robertson v Google LLC — [2025] WLR(D) 496
PRACTICE — Claim form — Service — Claimant serving claim form outside jurisdiction under self-certification process — Claim not served within applicable time limit and deemed invalid — Claimant seeking relief from sanctions — Whether rule for extending time applicable — Whether relevant test broader test for relief from sanctions — CPR rr 3.9, 6.33,6.34(2)(b),7.6(3)
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· 2d
Orion Shipping and Trading LLC v Great Asia Maritime Ltd — [2025] WLR(D) 495
CONTRACT — Construction — Sale of ship — Standard agreement for sale of vessel — Agreement requiring sellers to give notice of readiness or validly complete legal transfer by cancelling date — Sellers failing to deliver due to proven negligence — Buyers claiming loss of bargain damages — Whether sellers contractually obliged to deliver or give notice of readiness — Whether buyers’ “loss” including loss of bargain damages — Norwegian Saleform 2012, cl 14
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· 3d
Ruling boosts cross-border healthcare in the EU
A recent ruling is likely to encourage more EU-based healthcare providers to partner with health practitioners elsewhere in the EU to expand the services they offer to a wider group of patients using technology, according to experts in healthcare law.
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· 3d
KK v Secretary of State for Work and Pensions — [2025] WLR(D) 494
SOCIAL SECURITY — Welfare benefits — Universal credit — Claimant in receipt of universal credit experiencing medical emergency while outside of jurisdiction on temporary travel and unable to return for three months — Secretary of State disallowing universal credit claim for assessment periods during which claimant outside of jurisdiction — Whether Secretary of State erring in law — Whether claimant limited to one-month permitted absence from United Kingdom before universal credit claim affected — Whether benefiting from longer permitted period applicable to absence “solely in connection with” medical treatment — Whether regulations to be read down to avoid unlawful discrimination on grounds of disability — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Universal Credit Regulations 2013 (SI 2013/376), reg 11(1)(b)(i)(3)
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· 3d
VXJ v FY — [2025] WLR(D) 493
ARBITRATION — Practice — Disclosure — First defendant commencing arbitration proceedings against claimant — Claimant seeking production of certain documents or categories of documents by non-parties — Principles upon which jurisdiction to be exercised — Whether requested documents property forming subject of proceedings or to which any question arose in proceedings — Whether application for copying of documents to be granted — Arbitration Act 1996 (c 23), ss 43, 44(2)(c)
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· 3d
Redbridge London Borough Council v JL and others — [2025] WLR(D) 492
CHILDREN — Care proceedings — Jurisdiction — Local authority seeking care order in respect of French national child — Court failing to determine at first hearing whether having substantive jurisdiction in respect of child — Jurisdictional issue remaining undetermined at subsequent hearings — Whether court required to determine jurisdictional issue at outset — Proper approach to determining jurisdiction — Children Act 1989 (c 41), Pt IV — Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children 1996 (Cm 7727), arts 5, 11
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· 3d
R (Anaesthetists United Ltd and others) v General Medical Council — [2025] WLR(D) 491
MEDICAL PRACTITIONER — Policy guidance — Lawfulness — Statutory regulator promulgating single set of guidance on professional standards applicable to both doctors and non-medically qualified members of associate professions — Regulator electing not to make specific policy on limits of practice or supervision of non-medically qualified associates or explicit policy that non-medically qualified associates required to identify themselves as such — Whether decisions of regulator contrary to statutory objectives — Whether decisions irrational — Medical Act 1983 (c 54), s 1(1A) — Anaesthesia Associates and Physician Associates Order 2024 (SI 2024/374), art 3
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· 3d
Green Lane Association Ltd v Central Bedfordshire Council — [2025] WLR(D) 490
COSTS — Order for costs — Protective costs order — Claimant seeking costs capping order in statutory challenge to local authority’s experimental traffic regulation order — Local authority not challenging costs cap in acknowledgment of service — Whether local authority barred from challenging availability of costs cap — Whether relief from sanctions to be granted — Whether claimant’s challenge alleging contraventions of provisions of national law relating to environment — Road Traffic Regulation Act 1984 (c 27), ss 1, 9, 122 — CPR rr 3.9, 46.24, 46.28 — Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (1998), art 9(3)
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· 4d
R v ANZ — [2025] WLR(D) 489
CRIME — Sexual offence — Sentence — Following conviction of sexual offences defendant ordered to pay compensation to victim — Judge failing to have regard to defendant’s means — Whether compensation order lawful — Guidance as to when appropriate to make compensation order — Sentencing Act 2020 (c 17), s 135
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· 4d
R (Criminal
Injuries Compensation Authority) v First-tier Tribunal (Social Entitlement
Chamber) — [2025] WLR(D) 488
CRIME — Criminal Injuries Compensation Authority — Compensation, whether payable — Interested party injured in dog attack applying for award under Criminal Injuries Compensation Scheme — Dog owner and dog walker convicted of having dog dangerously out of control in public place — Whether interested party victim of “crime of violence” for purposes of criminal injury compensation scheme — Whether strict liability offence capable constituting “crime of violence” — Dangerous Dogs Act 1991 (c 65), s 3(1) — Criminal Injuries Compensation Scheme (2012), para 4, Annex B, paras 2, 4(1)(c)
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· 4d
Teoh v Patsovska — [2025] WLR(D) 487
FIRST-TIER TRIBUNAL — Practice — Notice of application — Tenant applying to First-tier Tribunal for determination of rent following service of notice of increase of rent by landlords’ managing agent — First-tier Tribunal naming landlords as respondents to application — First-tier Tribunal giving copy of application and notice of hearing to managing agent but not landlords — Rent determination made at hearing in absence of landlords — Whether procedural irregularity rendering proceedings unfair — Whether First-tier Tribunal’s decision to be set aside — Housing Act 1988 (c 50), ss 13, 14 — Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (SI 2013/1169), rr 8(1), 29, 32
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· 4d
R v WAG — [2025] WLR(D) 486
CRIME — Sentencing — Sexual offences — Defendant convicted of nine counts of sexual offending against stepdaughter — Judge imposing single sentence for lead offence of rape increased to reflect totality of offending — Whether sentence unduly lenient — Whether judge taking flawed approach by failing to impose separate concurrent sentences for other offences — Sexual Offences Act 2003 (c 42) s 1(1)
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· 5d
Apple leads consultation challenges to Digital Markets Act
A detailed submission by Apple critiquing the EU Digital Markets Act (DMA) could provide valuable insights into how the EU regime could be refined and also pointers for other jurisdictions adopting similar digital markets competition rules, an expert has claimed.
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