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Law digests: 28 February 2025

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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