Articles

Winding back the clock and withdrawing a pre-action admission is difficult. There is inevitably a tension between the finality of litigation and the interests of fairness. When a pre-action admission is made, the trajectory of a claim is set in motion. As the White Book commentary provides scant guidance on CPR 14.5, in this article I examine what happens when a defendant seeks to withdraw that admission, with particular focus on Somoye v North West Anglia NHS Foundation Trust [2023] EWHC 191 (KB) and the Court of Appeal’s guidance in Wood v Days Healthcare UK Limited [2017] EWCA Civ 2097.

The EAT considers 9 different ET cases and settles the debate. In Raison v DF Capital Bank Limited & Others [EA 2024 000292] Joseph England was successful before the EAT in having the appeal dismissed. The EAT agreed with Joseph’s argument that time spent in ACAS EC prior to limitation starting is not added on to the end of the limitation period.

Family law barrister and arbitrator Nicola Frost explores the benefits of arbitration as an alternative to court proceedings for  the resolution of family law issues.

Rachel Bale provides a recent round up of TOLATA / Schedule 1 cases covering:

• Nilsson and Anor v Cynberg [2024] EWHC 2164 (Ch)
• Savage v Savage [2024] EWCA Civ 49
• TK v LK [2024] EWFC 71

Gareth Graham considers the case of XY v AB [2025] EAT 66, in which the EAT provides a comprehensive review of the principles to be considered when applications are made for permanent anonymity orders.

Daniel Brown considers the Court of Appeal's judgment in Melki v Bouygues E and S Contracting UK Ltd [2025] EWCA Civ 585, likely to give the EAT broader discretion to extend time in cases where an appeal is submitted in time but without all the required documents.

Ben Amunwa explores in three stages the sudden withdrawal of employment claims and the issues that can arise as result. Ben first considers the procedure in itself; practical difficulties; timing and finally the wider implications for the administration of justice.

Simon Tibbitts reviews the case of Handa v The Station Hotel (Newcastle) Ltd & Ors [2025] EAT 62, which highlights the complexity of establishing agency within employment contexts, and emphasises the importance of authority, control, and the scope of functions in determining agency relationships.

Matthew Curtis summarises the case of Woodhead v WTTV Ltd & Anor [2025] EWHC 1128 (KB) and its important learning points for those involved in or advising on disciplinaries and other internal procedures that may give rise to significant mental distress.

Second-six pupil barrister Victoria Holland on the case of Re T (Children: Risk Assessment) [2025] EWCA Civ 93, which highlights the importance of analysing all the factors in the welfare checklist when considering a care and placement order instead of relying excessively on the ‘risk of harm’ factor.

The judgment also sets out a 7-step approach to this analysis.

David Beatson investigates the Courts' seemingly increasing propensity in private law cases to push through and deal with contested final hearings on the basis of submissions only.

The judgment in For Women Scotland v The Scottish Ministers [2025] UKSC 16 was given on 16 April 2025, making headlines in the national press and internationally. Katherine Anderson considers the practical implications for employers.