Category: BLOG POSTS
1 October 2025 by Guest Contributor
By Lewis Graham
In 2005, the Grand Chamber of the European Court of Human Rights handed down its landmark decision in Hirst v the United Kingdom, finding that the effect of section 3 of the Representation of the People Act 1983, bringing into effect a blanket ban on the ability of prisoners in the UK to vote in elections, constituted a breach of Article 3 of Protocol 1 of the Convention (the right to free elections).
To say the case was controversial is an understatement, with the judgment becoming something of a bête noire for Strasbourg sceptics. Murray suggests that the judgment was pivotal in the “monstering” of the European Court. It is often presented as a case which epitomises Strasbourg overreach, taking the number 1 spot in the Judicial Power Project’s buffet of unfavourable, “problematic” legal cases. David Cameron, of course, famously remarked that the idea of complying with the judgment and giving (some) prisoners the vote made him feel “physically sick”.
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26 September 2025 by Guest Contributor
By Kian Leong Tan
INTRODUCTION
In R (Anaesthetists United Ltd and Others) v General Medical Council [2025] EWHC 2270 (Admin) (“Anaesthetists United”), Mrs Justice Lambert dismissed a judicial review claim brought by the claimants against the defendant regulator for Physician Associates (“PAs”) and Anaesthesia Associates (“AAs”) – collectively referred to hereafter as “Associates” – in the UK.
The claim is the most recent instalment in a brewing saga over the continued use and regulation of Associates in the UK’s healthcare system:
- In April 2025, Lambert J dismissed the British Medical Association (“BMA”)’s judicial review challenge (R (British Medical Association v General Medical Council [2025] EWHC 960 (Admin)) to the GMC’s decisions to (i) apply the same basic professional standards to doctors and Associates, and (ii) refer to all three professions collectively as ‘medical professionals’.
- Just prior to the handing down of Anaesthetists United, Professor Gillian Leng released her final report following the conclusion of her independent review into the Associate professions.
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22 September 2025 by Lucy McCann
In this episode, Lucy McCann is joined by Zelda Perkins, CEO of Can’t Buy My Silence UK and former PA to Harvey Weinstein, who broke her NDA and has since campaigned against the use of NDAs to silence workers speaking out against abuse, and Emma Darlow Stearn, a barrister practising from Cloisters Chambers, who specialises in employment and discrimination law and, in her previous role as Senior Legal Adviser for whistleblowing charity Protect, collaborated with Zelda to make the law on NDAs more accessible.
Zelda shares her personal story about the signing and breaking of her NDA, which had prevented her speaking up about Harvey Weinstein’s behaviour, and about her campaign Can’t Buy My Silence UK which has in large part led to amendments to the Employment Rights Bill (under Clause 22A) that will ban employers from using NDAs in cases of harassment and discrimination. Zelda and Emma discuss the nature and possible impact of those amendments which, since the time of recording, have been approved by the House of Commons and are due to become law in Autumn 2025 as s.202A Employment Rights Act 1996.
Law Pod UK is published by 1 Crown Office Row. This episode was co-produced by 1 Crown Office Row and Emma Darlow Stearn. Supporting articles are published on the UK Human Rights Blog. Follow and interact with the podcast team on Twitter.
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22 September 2025 by Benjamin Savill
In the news
The UK Government enforced its first deportations under its controversial “one-in-one-out” asylum-seeker agreement with France this week, despite an interim injunction on Wednesday temporarily blocking the removal of one Eritrean national. Home Office sources reported the deportation of asylum seekers of Indian, Iranian and Eritrean nationality under the scheme; one deportee’s challenge at the High Court on human rights grounds failed upon Mr Justice Sheldon’s finding that, as a fellow signatory of the European Convention, France would afford the applicant the same human rights protections as the UK. Earlier in the week, a 25-year-old Eritrean man had succeeded in being granted an interim injunction temporarily staying his removal to France, after it was argued that the applicant required more time to make representations on his claim to be a victim of modern slavery. The ruling had prompted the newly appointed Home Secretary Shabana Mahmood to accuse asylum seekers of making “vexatious, last-minute claims” that “make a mockery of this country’s generosity”, and to issue new guidance to the Home Office slavery assessment team. The UK-France Dangerous Journeys Agreement was presented to Parliament last month, and is set to run until June 2026. It provides for the forced return of individuals entering the UK illegally from France, in exchange for the same number of asylum seekers who do meet UK immigration rules. The first French arrivals under the ”exchange” are now due to enter the UK over the next week.
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15 September 2025 by Peter Skelton KC
WHAT MAKES AN EFFECTIVE PUBLIC INQUIRY?
Public inquiries have proliferated in recent years. There are currently over 20 underway in the UK. That is twice as many as in 2005 when the Inquiries Act came into force. The four new statutory inquiries initiated so far in 2025 cover a diverse range of subjects: the horrific attacks in Nottingham in 2023 and Southport in 2024, the long-running grooming gangs’ scandal, and the infamous Battle of Orgreave in 1984 in which violent clashes occurred between striking miners and the police.
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10 September 2025 by Rosalind English
Episode 227: It’s been an interesting year in the law, with Richard Hermer KC and the Shadow Attorney General Lord Wolfson of Tredegar joining battle on what constitutes the “thin” or “thick” concept of the rule of law. We interview Lady Hale on her long career in the law, the Law Commission and the Supreme Court. Lord Sumption speaks out on the need to withdraw from the European Convention of Human Rights and Freedoms. We have speculations on the Assisted Dying Bill which has yet to make its way through the House of Lords, and an interview with a former barrister of 1 Crown Office Row and now MP on the potential implications of the Employee Rights Bill, also in the Lords.
Of course there are many more episodes to come as summer descends into autumn, but sit back and enjoy a leisurely review of the wide range of topics we have covered since 2025 was in its infancy.
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9 September 2025 by Guest Contributor
Guest Contributor Alice Grant
Rydon Group Holdings Ltd v Secretary of State for Levelling Up, Housing and Communities [2025] EWHC 2182 (Admin)
Introduction
In Rydon Group Holdings Ltd v Secretary of State for Levelling Up, Housing and Communities [2025] EWHC 2182 (Admin), the High Court dismissed a judicial review challenge brought by Rydon, a developer criticised in the Grenfell Tower Inquiry Phase 2 Report. The Court held that the government’s decisions, principally the designation of the Claimant as ‘unfit’ to carry out remediation works, were contractual in nature. As such, they were governed by private law and not amenable to judicial review, save under allegations of fraud, corruption, or bad faith. Rydon remains excluded from carrying out the remediation works and is liable to reimburse costs through the Building Safety Fund (BSF).
Factual Background
In the wake of the Grenfell Tower fire, the government established the BSF to finance remediation of unsafe cladding and a contractual framework for developers, the Self-Remediation Terms (SRTs). Developers were required to sign the SRTs in order to join the Responsible Actors Scheme (RAS), thereby avoiding statutory restrictions imposed under the Building Safety Act 2022 (BSA 2022) and the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023 (RAS Regulations 2023).
By August 2023, three high-rise blocks developed by Rydon, known as the Cable Street Buildings, had reached the funding approval stage under the BSF. In September 2023, Rydon signed the SRTs and joined the Responsible Actors Scheme (RAS). Rydon requested that the Cable Street Buildings be withdrawn from the BSF so that it could undertake the remediation itself. On 28 February 2024, however, the Secretary of State designated Rydon as a ‘Designated Participant Developer’ under the SRTs, thereby deeming it ‘unfit’ to carry out the remediation works.
Rydon Maintenance, a subsidiary of the Claimant, had been the principal contractor of the Grenfell Tower refurbishment. In the Grenfell Inquiry Phase 2 Report, Rydon was considered to have had “considerable responsibility for the fire” through “inadequate thought to fire safety” and poor oversight of subcontractors (at [4]).
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8 September 2025 by Jennifer Zhou
In UK News
The Sentencing Bill 2025 was introduced by the government. The Bill follows a major review into sentencing by former Justice Secretary David Gauke, and accepts the majority of its recommendations. It aims to follow the prison overcrowding crisis through measures including:
- Creating a presumption that custodial sentences of less than 12 months will be suspended (subject to a number of exceptions);
- Empowering courts to give a greater range of community orders, including bans from certain venues and events and ‘restriction orders’ limiting movement;
- Extending suspended sentences to max. three years (up from two years);
- Allowing courts to defer sentencing for up to 12 months (up from six months), so that offenders can demonstrate good behaviour;
- Setting a minimum release point of 33% for standard determinate sentences (down from 40%);
- Allowing foreign prisoners to be removed from UK prisons without first serving a minimum period of custody.
Controversially, the Bill also imposes an obligation on the Sentencing Council to obtain permission from the Lord Chancellor and Lady Chief Justice before issuing sentencing guidelines. This follows a furore in early 2025 over draft guidelines which included wording about an offender’s ethnicity.
The refugee family reunion scheme has been temporarily suspended. Yvette Cooper (who was Home Secretary before a Cabinet reshuffle on Friday) announced that migrants granted asylum will be temporarily unable to bringing partners and children to the UK. The suspension will continue until the government has imposed further conditions on the scheme through legal changes.
Comedy writer Graham Linehan was arrested over tweets about transgenderism, including one which referenced punching trans women ‘in the balls’. The arrest has been criticised by Prime Minister Keir Starmer as well as members of the shadow cabinet. Mr Linehan is currently also being tried for harassment in relation to an altercation with a transgender activist.
In International News
France has issued arrest warrants for Syrian ex-president Bashar al-Assad, his brother, and five other officials regime officials. Al-Assad has been living in Russia since being deposed in December 2024. These warrants relate to the 2012 bombing of a press centre in Homs; French photographer Rémi Ochlik and American journalist Marie Colvin were killed. The bombing is being investigated by the French judiciary as a war crime and crime against humanity.
In the Courts
The Home Office has received permission to challenge a High Court ruling allowing Palestine Action to appeal its proscription under terror legislation. Palestine Action, a group founded by Ms Huda Ammori, was banned as a terrorist organisation under the Terrorism Act 2000. In a judgment dated 30 July 2025, Ms Ammori was granted permission by the High Court to appeal this proscription. Now, the Home Office has won the right to challenge the 30 July ruling. In an unpublished order seen by the press, the Court described the government’s appeal has having ‘a real prospect of success’; it is due to be heard on 25 September.
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29 August 2025 by Jasper Gold
In a recent post, we covered the High Court’s headline-making decision in Epping Forest District Council v Somani Hotels Limited [2025] EWHC 2183 (KB) to grant an injunction preventing the Bell Hotel in Epping from being used to house Asylum Seekers.
In a judgment (currently availably as a summary only) handed down this afternoon, the Court of Appeal have reversed that decision and granted the Home Office permission to intervene in the judicial review to come.
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28 August 2025 by Lucy McCann
In this episode, Lucy McCann is joined by Professor Steven Gunn, historian at Merton College, Oxford to discuss his recent book, An Accidental History of Tudor England (co-authored with Tomasz Gromelski). They explore the world of the sixteenth century Coroners’ Court, examine what records of inquest reveal, and consider about how people died and what this can tell us about everyday life at the time, to draw comparisons with modern day inquest proceedings and coronial statistics.
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27 August 2025 by Rosalind English
This judgment was handed down to parties via email at 3pm on 31st July 2025. A transparency order is in force. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of Patricia must be strictly preserved.
Patricia’s Father & Ors v Patricia & Ors [2025] EWCOP 30 (T3)
This application was brought by the parents and aunt of a woman who has previously been anonymised to “Patricia”. Patricia, aged 25, had lived with anorexia nervosa since childhood, and was extremely malnourished with a BMI as low as 7, unable to walk unaided, and suffering severe complications like bed sores and osteoporosis. Diagnosed also with autism and pathological demand avoidance (PDA), Patricia’s condition was refractory despite years of efforts; she persistently refused to eat enough to sustain herself, though she voiced a desire to live and to travel. In 2023, the Court (Moor J) had ordered—after hearing her strongly expressed wishes—that Patricia should not be force-fed or receive medical treatment against her will, emphasising her autonomy in treatment decisions.
Throughout these proceedings Patricia was an in-patient at Norfolk and Norwich University Hospitals NHS Foundation Trust. She had said she wanted to go to a Specialist Eating Disorder Unit (SEDU) but when this case started she was not medically fit enough to go to one because of her low BMI and her lack of medical stability.
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25 August 2025 by hrupdateadmin
by Guest Contributor Alice Grant
Epping Forest District Council v Somani Hotels Limited [2025] EWHC 2183 (KB)
Introduction
In Epping Forest District Council v Somani Hotels Limited [2025] EWHC 2183 (KB), the High Court granted Epping Forest District Council an interim injunction preventing Home Office contractors, CTM, from using the Bell Hotel in Epping, Essex, to accommodate asylum seekers. The Court’s ruling has temporarily halted the government’s repurposing of the Bell, on the basis that the Council had a strong arguable case of unlawful change of use. The injunction requires occupation of the Bell by asylum seekers to cease by 12 September 2025.
Factual Background
The Bell Hotel, an 80-bed premises on the outskirts of Epping’s market town, had been commercially struggling since the Covid-19 pandemic. The Bell had a history of fluctuating uses since 2020, including temporary accommodation for the homeless and asylum seekers.
The planning enforcement team of Epping Forest District Council had repeatedly contacted the Bell from 2020–2022 to make it known that housing asylum seekers was seen as a change of use by the Council, and as such, required planning permission. Without applying for permission, Somani Hotels entered into a contract with CTM in 2025 to accommodate up to 138 asylum seekers. In April 2025, the asylum seekers occupied all hotel rooms, with security and welfare staff present on site. The premises were no longer functioning as a conventional hotel with public dining and event facilities.
The Council drew the Court’s attention to the wider impacts on the local area: protests, pressure on local services and fear of crime among residents. These fears were substantiated by a series of reported crimes involving some of the occupants at the Bell, including arrests for alleged arson, sexual assault, common assault and battery (at [20]).
The Court found that the Bell’s owners, Somani Hotels, had acted deliberately in continuing to house asylum seekers despite being aware of the Council’s view that planning permission was required (at [57]–[58]). Eyre J stressed the Defendant’s conduct was not “flagrant” or “surreptitious”; Somani Hotels had acted openly and in good faith, though with knowledge of the planning risk (at [59]–[60]). In those circumstances, the Court accepted that the Council’s pursuit of injunctive relief under s.187B of the Town and Country Planning Act 1990 (‘TCPA’) was an appropriate enforcement response.
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25 August 2025 by Catherine Berus
In UK News
ECHR
Dr. Victoria McCloud, the UK’s first openly transgender judge, has filed an application with the European Court of Human Rights. The application is challenging the UK Supreme Court’s decision in For Women Scotland Ltd v the Scottish Ministers [2025] UKSC 16. Dr. McCloud is seeking a re-hearing of the case, arguing that the initial trial infringed her Article 6 right to a fair trial under the European Convention on Human Rights (ECHR). Dr. McCloud sought leave to join the case before the courts in For Women Scotland in light of the impact the ruling could have on transgender individuals with gender recognition certificates (GRCs), but her application was rejected by the Supreme Court. Moreover, no evidence or representations from the estimated 8,500 individuals who hold GRCs was entered in the original hearing.
Dr. McCloud will be represented by a trans-led legal team in partnership with London’s Trans Legal Clinic.
Facial Recognition Technology and the London Metropolitan Police
The Equality and Human Rights Commission (EHRC) has been granted leave to intervene in a judicial review examining whether the use of live facial recognition technology (LFRT) by police complies with the European Convention on Human Rights (ECHR).
The ECHR argued that the case of R (Thompson and Carlo) v the Commissioner of Police of the Metropolis raises important questions of public interest and that the current policy related to the technology is incompatible with Articles 8 (right to privacy), 10 (freedom of expression) and 11 (freedom of assembly and association) of the Convention.
LFRT captures and analyses the faces of individuals walking in front of real-time close- circuit television (CCTV) cameras. Biometric data that is unique to those individuals is then compared to a ‘watchlist’ of persons the police are seeking. The EHRC is concerned with the expansion and development of LFRT in light of the lack of domestic legislation that regulates its use. The Commission will make submissions that the technology is intrusive and will highlight the development of international policy on LFRT and artificial intelligence (AI) regulation.
Parole Futures
A new anthology on the future of parole systems, Parole Futures: Rationalities, Institutions and Practices has been published by the Onati International Series in Law and Society, edited by Harry Annison, Nicola Carr and Thomas Guiney. The book includes insights from 27 world-leading experts on the pressing issues about parole systems around the world, including: Asia; Australia, North and South America, and Europe. The objectives of the anthology is to encourage a ‘systematic and critical reflection’ on parole systems, and to introduce ambitious ‘what if’ thinking ‘about the futures of parole and prison release’.
International News
A United Nations (UN) panel of 11 experts—including six Special Rapporteurs—released a statement expressing concerns over escalating intimidation and censorship of Iran International journalists globally. According to the UN statement, 45 Iran International journalists and staff and 315 of their family members have received credible threats to life or safety. Individuals are located across seven countries: the UK, USA, Canada, Belgium, Sweden, Germany, and Türkiye. The increase in threats to journalists over the last year coincided with the Iran-Israel conflict of June 2025, with Iranian officials alleging that journalists were acting as spies for Israel.
UK-based journalists have required police protection or re-location within the UK or abroad. Women have also faced additional threats of sexual violence; while family members have been interrogated, surveyed, and threatened with death or arrest.
The UN argues this is a campaign to ‘silence and censor critical reporting and courageous public interest journalism’, and that such intimidation violates the freedom of expression, media and ‘deprives the public of their right to information’.
The UN is urging Iran to immediately cease the threatening and intimidation of journalists and their families, and to investigate and prosecute perpetrators.
In the Courts
The High Court has granted the Epping Forest District Council an interim injunction which will prevent Somani Hotels Limited from continuing to accommodate asylum seeks at the Bell Hotel in Epping Forest District Council v Somani Hotels Limited ([2025] EWHC 2183 (KB)). The Council argued that the use of the Bell Hotel constituted a material change of use from its classification as a hotel, requiring planning permission, which the Somani Hotels Limited had not obtained.
The High Court acknowledged that the Home Secretary has a statutory duty to provide accommodation, and that this need is growing. However, the ‘balance of convenience’ and the strength of the Council’s case ultimately outweighed the considerations raised by Somani and an interim injunction was granted. Somani Hotels Limited has until September 12, 2025, to comply with the order. There are concerns that other councils may now seek interim injunctions for hotels utilized in their areas. As of March 2025, there were approximately 30K asylum seekers living in hotels.
Catherine Berus | LinkedIn
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25 August 2025 by Alice Kuzmenko
EBB and others v The Gorse Academies Trust [2025] EWHC 1983 (Admin)
In EBB and others v The Gorse Academies Trust [2025] EWHC 1983 (Admin), the Honourable Mrs Justice Collins Rice gave judgment in a multi-faceted, rolled-up permission and judicial review hearing concerning three high school students’ experiences of being disciplined within their school (“the School”).
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18 August 2025 by Guest Contributor
Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs and Dalston Projects Ltd and others v Secretary of State for Transport [2025] UKSC 30
By Talia Zybutz
Introduction
These appeals – Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs and Dalston Projects Ltd v Secretary of State for Transport – were a test case for the operation of the UK’s sanctions regime introduced in response to Russia’s invasion of Ukraine.
The Supreme Court confirmed that while the court’s task is to assess proportionality for itself, a wide margin of appreciation will be afforded to the executive in judging how best to respond to and restrain Russia’s actions in Ukraine.
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