dispute resolution

UK Supreme Court unanimously rules legal definition of “woman” in the Equality Act 2010 is based on biological sex; For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16

This article was first published on the 16 April 2025, and has been updated following the publication of the EHRC Update. On 16 April 2025, the UK Supreme Court reached a unanimous decision, in the case of For Women Scotland Ltd v The Scottish Ministers [2025] USCK 16, that the terms ”man”, “woman” and “sex” …
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Early Neutral Evaluation: A game-changer for resolving sports disputes

Early Neutral Evaluation (ENE) is becoming an increasingly valuable tool in UK dispute resolution. While commonly used in business and contractual disagreements, ENE is also gaining traction in the world of professional sports, where legal conflicts often involve sponsorship deals, regulatory issues, and financial disputes between clubs, players, and governing bodies. Recent high-profile sports disputes, …
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Government considers a range of cost protection options for claimants bringing discrimination claims

Most organisations will, at some point, have to respond to a claim (meritorious or not) alleging discrimination under the Equality Act 2010. The usual rule for most litigation before the courts in England and Wales is that the loser pays the winner’s costs (or at least pays a proportion of them). The government is considering …
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Strategic litigation: Driving change and positive impact. January 2025

Over the past six months there continues to be an appetite to use the tools of strategic litigation to create accountability and address harms. We’re using this roundup to share information about key updates and insights in the area through litigation and policy action. Strategic litigation has had a significant impact on decision-making, policy setting, …
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CS3D – Who’s in Scope?

Since our last article, the Corporate Sustainability Due Diligence Directive (“CS3D”)[1] was published in the EU’s Official Journal on 5 July 2024, and it officially entered into force on 25 July 2024. EU Member States are required to transpose the Directive into their national laws by 26 July 2026. By way of reminder, CS3D creates: …
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2024 in review: strategic litigation

In 2024, strategic litigation continued to have an impact on decision making, policy setting and changes in the law. Decisions in a number of high-profile cases are likely to have far reaching implications for governments and organisations over the course of 2025 and beyond. In this blog we discuss several significant judgments and what they …
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The unsung legal heroes fighting back for wildlife

Since coming into power in Westminster, the Labour Party has been single-minded in prioritising economic considerations. Its packed legislative agenda included measures like the Planning and Infrastructure Bill, which aims to turbo-charge the delivery of infrastructure, at the expense of anticipated measures such as a proposed Climate and Nature Bill. Meanwhile, much-needed legislation to outlaw …
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Judgment given in the case of The Humane League UK v Secretary of State for Environment, Food and Rural Affairs

Today sees the judgment released in The Humane League UK v Secretary of State for Environment, Food and Rural Affairs. Rupert Earle and Chandni Luhar-Torres of Bates Wells, and Nick Armstrong KC of Matrix Chambers acted for the RSPCA, who supported The Humane League UK (THL) in this case. The case, originally heard in the …
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Lord Briggs defends fixed recoverable costs regime for professional negligence cases

In a speech for the Professional Negligence Lawyers Association, Lord Briggs championed voluntary adjudication and gave qualified support to the use of fixed costs and one way costs-shifting to promote access to justice. On 11 November 2024, Bates Wells was pleased to host an event to celebrate the 20th anniversary of the PNLA’s formation. In …
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Strategic litigation and the water crisis

A few weeks ago, the March for Clean Water swept through London, with thousands demanding action on water pollution. The scale of the crisis is undeniable; only 14% of English rivers are ranked as having “good” or better ecological status, and over 10% of our freshwater and wetland species are threatened with extinction.[1] The Labour …
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Managing member disputes: what’s changed for social and private members’ clubs?

In the recent case of Gina Mok v The Lansdowne Club, Mr Justice Ritchie dismissed Gina Mok’s claim against The Lansdowne Club in its entirety. Bates Wells Leticia Jennings  and Katy Sawyer and David Reade KC acted for the Club throughout, and our statement about the judgment can be found here. A significant case for social and private members’ …
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Strategic litigation roundtable: the present and the future, the threats and the opportunities

On 6 November 2024, we hosted a group of experts and leaders from charities, campaign groups and funding organisations to discuss the current strategic litigation landscape in the UK and the opportunities (and challenges) it presents for claimants. We reflected on the huge recent successes claimants have had, both domestically and in the international courts. …
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