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28 February 2025
Issue: 8106 / Categories: Case law , In Court , Law digest
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Law digests: 28 February 2025

Estoppel

Buckinghamshire Council v FCC Buckinghamshire Ltd [2025] EWHC 310 (TCC)

The Technology and Construction Court dismissed the defendant’s application to strike out the claimant’s remaining contract claim on the argument that it was an attempt to relitigate issues already decided as regards the proper construction of a project agreement on the grounds of abuse of process based on either issue estoppel or Henderson abuse. The judge found no issue estoppel abuse as the contract claim, though related to issues decided in an earlier trial, raised a fundamentally different issue. The judge also found no Henderson abuse, as the claimant had not unreasonably failed to raise the contract claim earlier and it was unlikely that raising it earlier would have led to different case management decisions.


Family proceedings

West Sussex County Council v AB and another [2025] EWCA Civ 132

The Court of Appeal allowed the local authority’s appeal and set aside the care order placed on a minor which was considered beyond parental control in the care of the

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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