England and Wales Case Law

Executors of the Estate of Kenneth Collins v Chief Constable of Thames Valley Police

Executors of the Estate of Kenneth Collins v Chief Constable of Thames Valley Police [2026] EWHC 117 (SCCO) (23 January 2026)

The court held the claim against Thames Valley Police included an intentional tort, so fixed recoverable costs did not apply and costs were assessed on the standard basis.

• Fixed recoverable costs
• Standard basis assessment
• Transitional provisions
• Intentional torts
• Wrongful interference with goods
• Fixed-recoverable-costs

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The Executors of the Estate of Kenneth Collins v The Chief Constable of Thames Valley Police

The court held that the substantive police claim included an intentional tort, so fixed recoverable costs did not apply and costs were to be assessed on the standard basis.

• Fixed recoverable costs
• Costs assessment
• Intentional tort
• Negligence
• Transitional provisions
• Fixed-recoverable-costs

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Hitchings (Listing Officer) v Orton

Hitchings (Listing Officer) v Orton [2025] EWHC 3177 (Admin) (05 December 2025)

The High Court held that Regulation 4(5)(b) of the 2009 Council Tax Regulations includes decisions of predecessor valuation tribunals, so the appeal was allowed.

• Council tax banding
• Statutory interpretation
• Jurisdiction of valuation tribunals
• Validity of proposals
• Transitional provisions
• Council-tax-banding

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Keates v Durham (adverse possession - transitional provisions - overriding interests - actual occupation - shared owners)

Keates v Durham (adverse possession - transitional provisions - overriding interests - actual occupation - shared owners) [2025] UKFTT 1458 (PC) (28 November 2025)

The tribunal dismissed an adverse possession claim over a strip of land in Derby, holding the path was jointly owned and, in any event, the applicant was not in actual occupation.

• Adverse possession
• Transitional provisions
• Overriding interests
• Actual occupation
• Shared ownership
• Adverse-possession

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The Commissioners for HMRC v Colaingrove Limited

Section 80 VATA is the exclusive remedy for repayment of overpaid VAT and the associated interest; section 84(8) VATA does not confer a discretion to award additional interest on section 80 claims. The Tribunal's jurisdiction to award discretionary interest under section 84(8) is limited to cases where tax was paid or deposited in pursuance of a determination by HMRC under section 84(3). Transitional provisions do not extend this jurisdiction to post-1 April 2009 decisions. Statutory interest under section 78 or 85A VATA satisfies the requirements of EU law for an adequate indemnity.

Source excerpt

• Value added tax
• Statutory interest
• Section 80 vata claims
• Section 84(8) vata discretionary interest
• Transitional provisions
• Adequate indemnity under eu law

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Noel Redding Estate Limited & Anor v Sony Music Entertainment UK Limited

Section 180(3) does not shield parties from infringement unless acts are done in pursuance of arrangements with a sufficient nexus; mere historical consent is insufficient. The copyright claim is not statute-barred as it is not an action for an account nor a claim to partnership assets, but a claim for infringement by joint owners against a third party.

Source excerpt

• Copyright ownership
• Performers' rights
• Transitional provisions
• Limitation periods
• Account of profits

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Secretary of State for Work and Pensions v SM

The Upper Tribunal held that the First-tier Tribunal erred in law on transitional SDP entitlement under Universal Credit and remade the award at the lower rate.

• Universal credit
• Severe disability premium
• Transitional provisions
• Carer element
• Universal-credit
• Severe-disability-premium

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Morris Homes (North) Ltd), R (On the Application Of) v Westchurch Homes Ltd & Ors

Morris Homes (North) Ltd), R (On the Application Of) v Westchurch Homes Ltd & Ors [2025] EWHC 657 (Admin) (19 March 2025)

The High Court refused permission to challenge Bolton’s grant of planning permission, holding that the application was “made” when received, not when later validated.

• Planning permission
• Biodiversity gain planning condition
• Statutory interpretation
• Transitional provisions
• Planning-law
• Judicial-review

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Secretary of State for the Home Department v S

The Court of Appeal held that transitional DL policy lawfully excluded deportation cases from the XY concession and rejected an Article 14 ECHR challenge.

• Discretionary leave
• Victims of trafficking
• Deportation
• European convention against trafficking in human beings (ecat)
• Article 14 echr
• Policy interpretation

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Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Ltd

Noel Redding Estate Ltd & Anor v Sony Music Entertainment UK Ltd [2025] EWCA Civ 66 (06 February 2025)

The Court of Appeal dismissed Sony’s appeal, holding that transitional provisions did not bar the performers’ rights claims and that the copyright claim was not time-barred as a partnership account claim.

• Copyright ownership
• Performers' rights
• Limitation periods
• Transitional provisions
• Partnership asset claims
• Performers-rights

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