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Law digests: 24 January 2025

© Copyright LexisNexis 2025. All Rights Reserved.
24 January 2025
Issue: 8101 / Categories: Case law , In Court , Law digest
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Adoption

Re X and Y (Children: Adoption Order: Setting Aside) [2025] EWCA Civ 2

The Court of Appeal dismissed the appeal and held that there is no jurisdiction at first instance for the High Court to revoke validly made adoption orders, even in exceptional circumstances or on welfare grounds. Adoption orders are ‘transformative’ and intended to be permanent and irrevocable for life, as if the child had been born to the adopter. The only way to challenge an adoption order is through an appeal or in exceptional circumstances amounting to a fundamental breach of natural justice.

Arbitration

Collins and others v Wind Energy Holding Ltd [2025] EWHC 40 (Comm)

This is a claim to set aside a final award. The court held that the arbitrator had not breached her duties under s 33 of the Arbitration Act 1996 by refusing to adjourn the evidential hearing to accommodate issues regarding legal representation and health concerns of the claimants, where the claimants had failed to take proper steps to enable legal representation; admitting

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MOVERS & SHAKERS

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Sponsored by
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Head of corporate promoted to director

Boies Schiller Flexner—Lindsay Reimschussel

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FCA contentious financial regulation lawyer joins the team as of counsel

NEWS
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NLJ this week: Making Big Tech pay for digital addiction
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
NLJ this week: Leaseholders stuck in limbo
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
NLJ this week: When a trial period becomes a ‘reasonable adjustment’
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
NLJ this week: Ignore covenants at your peril
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
NLJ this week: Courts caught in a ‘hierarchy of privacy’
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
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