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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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