Are Covert Recordings Allowed in Family Law Proceedings? FJC Issues New Guidance

The Family Justice Council (FCJ) has recently issued long-awaited guidance on the subject of covert recordings in family law proceedings. Family court cases, particularly those involving children, can often be highly emotional, and recording conversations to support your side of the story may feel like a practical way of supporting your argument. However, this can come with a number of risks attached.

And in a world where mobile phones enable litigants to record video and audio without the knowledge of others around them, it has become a necessity for clearer advice to be issued.

Let’s take a look at the guidance recently issued by the FCJ on the topic of covert recordings.

What is classed as a covert recording?

When recording someone, you might assume they are of it. However, a covert recording is classed as any recording which is made without the knowledge, or permission of someone else. They could be a professional, adult, or a child. This also includes both audio and video recordings.

There is no guarantee that a covert recording will help your case, and it could be considered an invasion of privacy or harassment. It is also a contempt of court and/or a criminal offence to record court proceedings, including remote hearings.

How will the court decide whether the covert recording can be used in evidence?

There are a number of considerations that the court must take into account when deciding whether a covert recording can be used.

They will therefore consider the following questions:

Why was the recording made?
Who was recorded and when?
Was the recording edited in any way?
Is it the whole recording, and if not, is the whole recording available?
Does it help the court understand something important—especially about the child’s welfare?

It is important to note that placing a recording device on a child may always be considered wrong, regardless of whether or not they know it is there. The court may however not look quite as harshly on recordings of a parent or professional.

Guidance on Submitting Covert Recordings as Evidence

Our family law solicitor advises the following when considering submitting covert recordings as evidence:

Covert recordings require the court’s permission to be admitted as evidence. Their use is subject to strict scrutiny, and courts generally discourage reliance on such recordings—particularly in cases involving children. If you still wish to submit a covert recording, please carefully consider the following:

1. At an early stage of the case, you must clearly explain the background and circumstances of the recording. If you intend to rely on the recording, you should seek the court’s permission by filing a Form C2 application, which must set out:

• The time, location, and individuals involved in the recording
• Whether the recording is complete and unedited; if any editing has been made, the reasons for doing so
• Whether any children are involved, and whether the recording contains leading questions or language intended to elicit favourable responses

Important: You must not submit only selective excerpts that support your case. The court will usually require all relevant recordings to be disclosed to ensure the material is not taken out of context.

2. Be prepared to bear the associated costs and legal responsibilities:

• The court may require a full transcript of the recording, which will be at your expense
• If the authenticity or reliability of the recording is challenged, the court may direct an independent forensic expert to carry out a technical assessment

Warning: Depending on the circumstances, the court may consider covert recordings to constitute abusive behaviour, which could adversely affect your position in the proceedings.

3. Relevance to the case, particularly to the welfare of the child

The content of the recording must be directly relevant to the key issues in the case—especially matters concerning the welfare of the child. If a recording is submitted merely to embarrass or discredit the other party, the court is unlikely to attach weight to it.

Have questions? Get in touch today!

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James Cook

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Legal Remedies for Water Damage from a Residential Leak in Commercial Units

In the UK, especially in cities, it can be quite common to have a situation where a residential property is above a business. When a commercial unit suffers water damage due to a residential leak from the property above, legal responsibility can be complex, especially when both units share the same landlord. The primary legal question is whether the commercial tenant should claim against the residential tenant directly or hold the landlord accountable for enforcing the lease covenants.

Should a commercial tenant claim against the residential tenant or landlord?

Generally, a tenant experiencing water damage would initiate a contractual claim against their own landlord for breaching repairing obligations or violating the covenant of quiet enjoyment.

However, this route is not viable if the landlord’s breach pertains to their contract with another tenant — such as the residential tenant above. Due to the legal principle of privity of contract, the commercial tenant cannot sue the landlord over obligations owed to someone else unless certain conditions under the Contracts (Rights of Third Parties) Act 1999 are met. However, this is rarely the case in standard tenancy agreements.

How can the commercial tenant claim?

Despite this, the commercial tenant is not without recourse when it comes to residential leaks. They may pursue a non-contractual claim against the landlord, such as one based on negligence or nuisance. Courts have held landlords liable for nuisance where a failure to repair an upstairs leak causes damage to a downstairs property. Additionally, the Defective Premises Act 1972 may apply if the landlord retains repairing obligations under the residential lease.

Direct claims against the residential tenant are typically unviable unless the tenant was personally negligent or caused a private nuisance. If the cause of the leak stems from the landlord’s failure to maintain the property, the responsibility is more appropriately directed toward the landlord through tortious or statutory remedies.

Our thoughts

In conclusion, when it comes to a residential leak and a commercial property is impacted in a situation where both tenants share the same landlord, the commercial tenant is more likely to succeed by pursuing the landlord through non-contractual claims rather than taking action against the residential tenant.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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Hidden Terms and Conditions – When Can You Push Back?

In a world of online sign-ups, automated checkouts, and fast-moving transactions, it’s increasingly common for important contractual terms to be tucked away in hyperlinked documents or embedded in lengthy terms and conditions.

But what happens when you’re held to a term you didn’t see or weren’t clearly told about?

The Legal Test: Fair Notice and Incorporation

Under English law, a contractual term is only binding if it has been properly incorporated. For this to happen, the term must be reasonably brought to the other party’s attention before or at the time of agreement. Courts take a particularly strict view when the term is onerous or unusual. For example, a steep cancellation charge, automatic renewal, or narrow time limit. In such cases, mere inclusion in standard terms or a hyperlink is rarely enough.

The principle was famously confirmed in Interfoto Picture Library v Stiletto [1989]: if a party wishes to rely on a burdensome term, they must do more to highlight it. This requirement applies just as much in digital contracting today.

Consumer Protections Go Further

For consumers, additional protection comes from the Consumer Rights Act 2015 and the Digital Markets, Competition and Consumers Act 2024 (DMCCA). For instance, a subscription services who states a right (e.g. “you can cancel”) but omits crucial limitations (e.g. “within 24 hours and only by mail”) may be guilty of a misleading omission under Section 227 DMCCA. Such terms may be deemed unenforceable, especially where the consumer relied on the incomplete information.

What Can You Do If Caught by a Hidden Term?

Act promptly: If you’ve been hit with an unexpected fee or penalty, respond in writing and state clearly that the term was never disclosed or explained.
Gather evidence: Look for emails, screenshots, or messages showing what was (or wasn’t) said at the time.
Raise legal grounds: Mention lack of incorporation, unfair terms, or misleading omissions, depending on context.
Seek advice: Where significant sums or repeat conduct are involved, consider formal legal advice or contacting Trading Standards.

In sum, not all small print is binding. Businesses that hide key terms behind links or vague wording may find themselves exposed.

At Lisa’s Law, we regularly assist clients who have been caught out by hidden or unfair contract terms, particularly in housing, consumer, and online service agreements. Whether you’re disputing a cancellation charge, facing enforcement of unclear terms, or seeking to understand your rights before signing, our team can provide clear, practical advice. If you believe you’ve been misled or pressured into an agreement, we are here to help you challenge it with confidence.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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UK Net Migration 2025: What the Latest Statistics Mean for You

Today the government released the latest UK net migration statistics for the year ending December 2024, and I wanted to break down what they actually mean for you and your family. As someone who’s been helping clients navigate this system for years, I can tell you these numbers tell a story that’s both encouraging and concerning.

UK Net Migration Is Down – But Why?

Here’s the headline: UK net migration dropped by nearly half in 2024, falling to 431,000 from 860,000 the year before. That sounds dramatic – and it is. But here’s what’s really happened, and it’s important to understand.

This drop isn’t due to anything the current Labour government has done. These UK net migration figures reflect the stricter visa rules introduced by the previous Conservative government at the end of 2023. It’s taken this long to see the full effect – that’s usually how immigration policy changes play out.

What were those changes? If you’re a care worker, you can no longer bring your family with you to the UK. The same goes for international students. And if you’re applying for a Skilled Worker visa, the salary requirements have gone up significantly. These policies were brought in quickly and hit hard – and we’ve been seeing the impact on real people and real cases all year.

What This Means for Different Types of Applications

Here’s what we’ve been seeing across the board:

Care workers and healthcare applicants: The ban on bringing dependants has been especially tough. Many have had to choose between staying in the UK for work or being with their family. The numbers back this up – work-related immigration from outside the EU dropped by 49%.

Students and their families: Things have changed dramatically. International student numbers are down 17%, and a big part of that is families not wanting to be separated for years while one person studies in the UK.

Employers: If you’re trying to sponsor someone, you’ve probably already noticed the rising salary thresholds. That’s especially difficult in sectors like healthcare and education, where wages haven’t kept pace with the new rules.

The Asylum System

While UK net migration is down overall, asylum claims have actually gone up – by 17%, reaching over 109,000 people. Around a third of these individuals arrived via small boats, and small boat arrivals rose by 14%.

If you’re waiting on an asylum decision, the situation is unfortunately getting harder. The success rate for claims has dropped to below 50%, compared to 61% previously. That means cases are taking longer, getting more complex, and requiring stronger supporting evidence. We’ve had to be much more thorough in every application we prepare.

What’s Coming Next: Labour’s New Immigration Plans

The current government isn’t just relying on the drop in UK net migration – they’re planning even tougher measures:

Care visa routes are being closed completely
Lower-skilled work visas are being phased out
Language requirements are getting stricter
The path to permanent residence is getting longer

This last point is huge. If you’re planning your long-term future in the UK, it’s important to understand that what was once a five-year path to permanent residence may now take significantly longer. This affects everything – from getting a mortgage to planning your family and making career decisions.

My thoughts

These policies work exactly as intended. When the government wants to reduce immigration numbers, they can do it through visa restrictions. We’ve just seen the proof.

But there’s a human cost here that the statistics don’t capture. Behind every number is a family making difficult choices, a worker changing career plans, or someone waiting longer for certainty about their future.

For those of you currently in the system or thinking about applying, here’s what this means practically:

Start planning earlier. Everything is taking longer and getting more expensive. If you’re thinking about bringing family members or changing your visa status, don’t wait.
Get your language skills up. The new requirements are going to be tougher, so start preparing now rather than scrambling later.
Keep realistic expectations. Success rates are dropping across several visa categories, which means we need to be even more careful about how we prepare applications.
Think long-term. The path to settlement is changing, so we need to plan your immigration journey differently than we might have even two years ago.

Conclusion

The latest UK net migration statistics show that the government is serious about bringing numbers down, and the policies are working. Whether you think that’s good or bad probably depends on your situation, but as your legal adviser, my job is to help you navigate whatever system we’re dealing with.

What I can promise you is this: immigration law is getting more complex, not simpler. The days of straightforward applications are largely behind us. But with proper planning and realistic expectations, there are still paths forward for people who want to build their lives in the UK.

If you’re concerned about how these changes might affect your case, don’t wait to seek advice. The earlier we can start planning, the better positioned you’ll be to handle whatever comes next.

The government has shown that when it wants to reduce UK net migration, it can. Our job now is to help you find your place within whatever system emerges from these ongoing changes.

Sumit Singh

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New Rules Set to Protect Buy Now Pay Later Customers in the UK

The UK government has announced that it is set to introduce new rules around buy now pay later from next year. This will give the 11 million shoppers in the UK who use it stronger rights and clearer protections from next year when using companies like Klarna, Laybuy and Clearpay.

Recent figures from Money Wellness have shown a 68% increase in the last year in the number of people who are seeking help with debt caused by buy-now pay-later, demonstrating its increasing prevalence and its impact on people’s finances.

But what are the current issues with buy now pay later? And what has the government announced to protect consumers? Keep reading to find out.

What are the current problems with Buy Now Pay Later?

At the moment, there is very little regulation regarding buy now pay later (BNPL), leading critics to describe the industry as being like a “wild west”.

Some of the issues with the current BNPL system include the following:

The sector is largely unregulated, meaning providers don’t have to follow the same rules as traditional credit lenders.
People can access BNPL without any checks to see if they can afford repayments, which increases the risk of falling into debt.
Purchases made using BNPL aren’t covered by Section 75 of the Consumer Credit Act, so consumers have fewer rights if something goes wrong.
BNPL is often promoted heavily during the checkout process, sometimes being shown as the default payment method, especially on websites aimed at lower-income users.
The terms and conditions can be unclear, leading many people to misunderstand how BNPL works or overlook the potential consequences of missed payments.
Consumers can’t currently take complaints to the Financial Ombudsman Service if they have a problem with a BNPL provider.
Most BNPL firms don’t report borrowing to credit reference agencies, which means debts can go unnoticed and make it harder for people to manage their overall financial picture.

What Buy Now Pay Later rules are being introduced?

In October 2024, the government published a consultation setting out their plans to regulate the BNPL market. Following this, they recently announced stronger rights and clearer information for consumers which will bring BNPL in line with other products. This includes the following:

Upfront checks to make sure that people can repay what they can borrow
Fairer and faster access to refunds
The right to also complain to the Financial Ombudsman

These rules are to be implemented from next year, and therefore consumers won’t notice any change for the time-being. This forms part of the government’s plans to reform the Consumer Credit Act to deliver a modernised, “pro-growth” regime.

Our thoughts

Ultimately, the proposals to reform the Consumer Credit Act by introducing stricter regulations around buy now pay later should be seen as a positive for consumers. At a time when the UK continues to face a cost of living crisis, many people living on the breadline have turned to forms of credit like buy-now pay-later who may not otherwise be able to access credit in the form of credit cards. The reforms introduced by the government will therefore go some way to helping to protect financially vulnerable people from incurring significant debt due to usage of buy-now pay-later.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

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James Cook

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How to Make a Successful Human Rights Claim Under EX. 1 of Appendix FM of the Immigration Rules

We frequently receive enquiries from clients who state that they have a partner with British Citizenship in the UK who they are not married to and have not lived with for at least 2 years as required under the Appendix FM of the Immigration Rules.

Because of this, a number of clients feel that they should get married to their partner or live with their unmarried partner for at least 2 years before an application for leave to remain under family life in the UK.

With the professional assistance of our immigration team at Lisa’s Law, we recently helped a client to get granted leave to remain under EX.1 of the Appendix FM of the Immigration Rules.

In this article, we explain in detail how we helped a client who lived with their unmarried partner for less than 2 years to get granted leave to remain.

Brief facts of the case

Our client entered the UK with a 6-month visitor visa in August 2014. After the visa expired, the client did not make an application to extend their visa and remained in the UK as an overstayer. The client entered into a relationship with their current partner, a British citizen, in April 2022. They started living together as an unmarried couple in July 2023.

The client’s partner’s children are from previous relationships and were born in the UK. They are also British Citizens. The client, their partner and the client’s partner’s children all live together as a family unit.

Our advice

We advised the client to make an application for leave to remain on the grounds of their relationship with their partner and the partner’s children.

We further advised the client that representations would be made with evidence supporting this, stating that it would be unreasonable to expect the client to leave the UK because they have a genuine and subsisting relationship with their partner’s British children and it would be unreasonable to ask them to leave the UK. Therefore, removal would break their right to family life under Article 8 of the ECHR.

The client and their partner were happy with our advice and instructed us to prepare and submit an application for leave to remain.

Application

In February 2025, we submitted an online application for leave to remain on the client’s behalf.

Legal Submissions

We submitted the following submissions in support of our client’s leave to remain application:

The relationship is genuine and subsisting.
They still intend to live together and settle in the UK.
The client has a good relationship with the partner’s children.
The client is such a great role model and parent figure to all of the partner’s children.
The client has built up family life in the UK with their relationship with their partner and the partner’s children who are all British Citizen. Removal would break the client’s right to family life under Article 8 of the ECHR.
The client’s relationship with their partner can’t continue outside the UK.
The partner is the sole responsibility of all their children, and the other children’s parent will not allow and give consent for the children to leave the country with the parent.
Child 1 is attending University in the UK and relies on the parent for financial support for them to continue with their studies.
It will be unfair for child 1 to drop out of university in the UK and leave the UK with their parent.
Child 2 is very settled in their school in the UK.
Child 2 is receiving special needs support from their school and it would be unfair if this support was disrupted if child 2 was forced to leave the UK.
Child 2 will not receive the same leave of support they are receiving in the UK in the client’s country of origin.
There will be insurmountable obstacles which would be faced by the client and their partner in continuing their family life together outside the UK and which could not be overcome or would entail very serious hardship for the client and their partner.

Evidence

In terms of evidence, we submitted the following. Please see below:

Passports
Birth Certificates.
Various photographs.
Signed witness statement of the partner.
Payslips
Bank statements.
Tenancy agreement.
Utility bills.
Screenshots of messages.
Letter from University.

Outcome

Our client was granted leave to remain under EX.1 of the Appendix FM of the Immigration Rules.

The Home Office stated that our client met the requirements of the 10-year partner route under paragraphs R-LTRP.1.1.(a), (b) and (d) of Appendix FM. As it would be unreasonable to expect the client to leave the UK because they have a genuine and subsisting relationship with the partner’s British children and it would be unreasonable to ask them to leave the UK.

Final thoughts

It is possible for someone to be granted leave to remain even if they have lived with their partner as unmarried couple of less than 2 years as required under the Appendix FM of the Immigration Rules. As long as you can satisfy EX 1 of the Appendix FM of the Immigration Rules. In my opinion EX.1 of the Appendix FM of the Immigration Rules is a board definition.

At Lisa’s Law, we will take detailed instructions of your case in particular as to why the relationship can’t continue outside of the UK. We will advise you on the evidence needed which supports your instructions regarding the above. We are here to provide you with professional, one-on-one support throughout your application journey.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Court Dismisses Claim in Student Accommodation Valuation Dispute: Lessons on Surveyor Negligence

This dispute involves surveyor negligence the valuation of a derelict site in Aberdeen, intended for redevelopment into Purpose Built Student Accommodation (PBSA). The project was to be carried out by a special purpose vehicle, which was granted a 170-year lease of the site. The lease’s ground rent terms are central to the case.

The Claimant provided mezzanine financing secured on the Leasehold, relying on a valuation of the Leasehold provided by the Defendant, a surveyor’s firm. The Claimant alleges that this valuation was negligent. Ultimately, the Development was sold for a much lower price (£4.2 million) than the valuation (£16.58 million), resulting in the Claimant recovering no return on its investment.

Legal Framework

The court had to consider the following:

Valuation – Professional Standards of the Royal Institution of Chartered Surveyors (RICS Red Book)

The RICS Red Book is the globally recognised set of standards and guidance for professionals engaged in valuation, property, and construction. It ensures consistency, transparency, and professionalism in valuation practices.

Duty of Care and Principles of Professional Negligence

A duty of care is a legal obligation requiring professionals to adhere to a standard of reasonable care while performing their services. Chartered surveyors owe a duty to their clients (and sometimes third parties) to provide competent, accurate, and unbiased valuations. Breach of duty occurs when a professional fails to meet the accepted standards, such as making errors in valuation, misrepresenting facts, or neglecting relevant information. When a breach of duty causes harm or financial loss to a client or third party, the professional can be held liable. The claim hinges on proving that the professional’s negligence directly resulted in the damage.

Causation and Reliance in Negligence Claims

In negligence claims, establishing causation and reliance is crucial: The claimant must demonstrate that the professional’s breach of duty directly caused the loss. This involves proving that the harm would not have occurred ‘but for’ the professional’s negligent conduct. The damage must be foreseeable; not all consequences of negligence are recoverable if deemed too remote. The claimant must show they relied on the professional’s valuation or advice when making decisions. This reliance must be reasonable; if the claimant ignored obvious flaws or did not rely on the valuation, their claim may fail. Courts often use the ‘but for’ test to establish causation and consider whether the reliance was justified and reasonable.

Decision

The court ruled that the Defendant surveyor’s firm was negligent in failing to warn about the burdensome ground rent terms and the lack of comparable evidence, which affected the reliability of the valuation. However, it also found that the Claimant mainly relied on the overall reasonableness of the valuation figure itself, and the missing warnings would unlikely have changed their decision to invest. Consequently, the court dismissed the Claimant’s claim, concluding that the alleged breaches did not cause their loss since they would have proceeded regardless.

This ruling serves as a reminder to property professionals and investors to investigate further on the unsuccessful investment projects, whether a breach of duty is indeed responsible for the actual damages before pursuing experts for negligence-related claims.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Key Announcements from the UK Government’s Immigration White Paper

Yesterday (12/05/2025), the UK government published a significant immigration white paper titled Restoring Control over the Immigration System. The white paper outlines a broad package of immigration reforms aimed at reducing the recent record levels of net migration and rebalancing the system in favour of high-skilled workers who contribute the most to economic growth. They also represent the government’s desire to grow the domestic workforce and “end reliance on foreign labour”.

In this article, we lay out some of the changes outlined by the government in what represents some of the most significant changes to the immigration rules for many years.

Keep reading to find out more.

Skilled Worker and Labour Market reform

Raising the Skilled Worker threshold: The skill level for overseas workers will be raised back to RQF Level 6 (graduate level), and salary thresholds will also increase.
Abolition of the Immigration Salary List: Discounts on salary thresholds for certain roles will be removed.
Targeted use of Points-Based System: Access will be limited to long-term shortage occupations, based on Migration Advisory Committee (MAC) advice, and only where employers show a commitment to training the domestic workforce.
Labour Market Evidence Group: A new group will be formed to provide high-quality data to inform immigration decisions, reducing reliance on migration as a default solution.
Employer responsibility: Companies will be required to invest more in training UK workers to reduce dependency on international recruitment.

Adult social care

Ending overseas recruitment: New applications for social care visas from abroad will be closed.
Transition period: Existing care workers in the UK will be allowed to extend or switch visas until 2028, during the development of a domestic workforce strategy.

International Students

Sponsor compliance: Education providers sponsoring international students will face tighter compliance rules. Institutions at risk of non-compliance will be subject to improvement plans and recruitment caps.
Graduate visa route: The post-study work period will be reduced from 2 years to 18 months.

Family and Human Rights

Simplifying Family and Private Life immigration: The system will be restructured to reduce reliance on “exceptional” cases.
Article 8 Reform: Legislation will clarify that the government and Parliament should determine the right to remain in the UK, especially in cases involving public interest deportation.

High-Skilled Migration and Economic Growth

Attracting Global Talent: Expansion of high-talent migration routes, including:
- More places for research interns;
- Easier access for elite scientific and design professionals under the Global Talent visa;
- Reviews of the Innovator Founder visa and High Potential Individual route to maximise economic contribution.
Fast-Track routes for strategic industries requiring high-level skills and experience.

Tackling abuse and strengthening enforcement

Asylum reform: Stricter rules for claims made when home country conditions have not materially changed, especially if claimed after arrival.
Sponsor accountability: Financial penalties and sanctions for employers and educational institutions found to be abusing the system.
Visa risk assessment: Increased scrutiny, restrictions, and conditions for routes or countries where there is evidence of abuse.
International cooperation: Measures to pressure countries to accept the return of their nationals.

Foreign National Offenders (FNOs)

Expanded deportation reporting: The Home Office will be notified of all foreign nationals convicted of crimes, not just those sentenced to imprisonment.
Deportation thresholds review: Reforms to reflect serious crimes, including violence against women and girls, with revised statutory exception criteria.

English language requirements

Broader application: New English proficiency standards will apply to more visa categories, including both main applicants and dependants.
Ongoing assessment: An emphasis on continuous improvement in English proficiency over time.

Settlement and Citizenship

Extended settlement period: The qualifying period for permanent residence (settlement) will increase from 5 to 10 years.
Contribution-based system: Settlement and citizenship criteria will increasingly be based on an individual’s contribution to the UK, with details to be presented to Parliament by the end of this year.

Implementation timeline

The measures are part of the government’s broader Plan for Change.
Reforms will be phased in during the course of this Parliament.
Additional updates on asylum and border security are expected later this summer.

Conclusion

The immigration white paper introduces significant tightening of the UK immigration system, with higher thresholds, reduced visa access, and increased scrutiny on sponsors. These changes will make applications more complex and heighten the need for strategic legal advice, something which Lisa’s Law can provide. As the system becomes more restrictive and policy-driven, our role in guiding clients through compliance, eligibility, and appeals will be more crucial than ever.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

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Adverse possession: when to register your rights

Adverse possession, often referred to as squatter’s rights, is a legal doctrine in England and Wales that allows an individual to claim ownership of land they have occupied without the owner’s consent, provided they meet certain conditions. One such condition, found in Paragraph 5(4)(c) of Schedule 6 of the Land Registration Act 2002, requires the claimant (or their predecessor) to have had a reasonable belief for at least ten years that the land rightfully belonged to them, ending on the date the application for ownership is made.

The precedent set by Zarb v Parry [2012] 1 WLR 1240 interpreted this rule strictly: the ten-year period of belief must conclude on the exact day of the application.

This strict interpretation created practical challenges. Firstly, applicants had to act quickly – any delay after realizing they no longer reasonably believed they owned the land could jeopardize their claim. Secondly, this urgency could push both property owners and claimants into immediate and potentially expensive legal battles, often before either side could seek legal advice or explore resolution options.

Ridley v Brown

A turning point came with the Supreme Court’s decision on 26 February 2025 in Ridley v Brown [2025] UKSC 7, which reinterpreted the rule more leniently. The story begins in October 2019, when Mr Brown discovered that his neighbours, the Ridleys, were constructing a house on part of his land. The Ridleys applied for ownership in December 2019, claiming that they had met the conditions set in the 2002 Act as they had possessed the land since 2004 and reasonably believed it was theirs until February 2018.

However, there was a gap of about 21 months between the ending of the 14-year period of reasonable belief and the date that the Ridleys made their application. The Supreme Court was then asked to decide whether the Ridleys could register their ownership under the 2002 Act. By considering the purpose of the 2002 Act and both parties’ arguments, the Supreme Court firmly and unanimously ruled that the law does not require the ten-year period of reasonable belief to end exactly on the application date.

Instead, it is enough if such a belief existed for any continuous ten-year period during their possession, even if it ended before the application was submitted. This interpretation allowed the Ridleys’ application to succeed.

The Court further clarified that the intent of the 2002 Act is to prevent opportunistic claims by individuals who knowingly take land they don’t own—not to penalize those who genuinely, though mistakenly, believed they were rightful owners. A rigid interpretation could unfairly harm good-faith possessors who simply failed to apply immediately after their belief ended.

Our thoughts

The clarification made by the Supreme Court in Ridley v Brown is a positive development in recognising the right of adverse possession. It grants applicants more time to seek legal advice, assess their chances, explore alternative resolutions, and prepare for a claim—without needing to rush. While the ruling does not open the door to indefinite delays, it provides a fairer framework within which legitimate claims can be properly assessed and pursued. Going forward, the judgment is likely to reduce procedural unfairness and promote more balanced outcomes in land ownership disputes.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

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James Cook

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UK Visas and Immigration System Hit By Outage! What are the Implications and Solutions?

Yesterday’s (08/05/2025) UKVI system outage created significant challenges for visa applicants, particularly those with imminent expiration dates. As an experienced immigration lawyer, I’ve seen first hand how technical failures can have life-altering consequences for those navigating the UK’s immigration process.

Understanding Yesterday’s UKVI System Failure

The UK Visas and Immigration online application portal experienced a critical system failure yesterday that prevented applicants from completing their submissions. The issue specifically affected the email verification step, an essential part of the application process.

Here’s what happened: when applicants entered their email address in the initial stages of the application, the Home Office’s system failed to send the automated verification emails required to proceed. Without this verification, applications could not be submitted, effectively creating a roadblock for anyone attempting to apply.

Serious Implications for Visa Holders

This technical failure had potentially devastating consequences, particularly for individuals whose visas were expiring yesterday. UK immigration rules are clear: if you don’t submit a valid application before your current visa expires, you become an overstayer.

Overstaying has serious repercussions, including:

Future visa applications may be refused
Impact on settlement applications and indefinite leave to remain
Potential restrictions when applying for citizenship
Creation of a negative immigration history affecting all future applications

For those caught in yesterday’s system failure through no fault of their own, the anxiety and stress must have been immense.

Solutions and Recommendations

For those affected by yesterday’s outage, I recommend the following actions:

Document your attempts: Take screenshots showing your attempts to submit applications during the outage period.
Contact the UKVI immediately: Submit a formal complaint through the appropriate channels explaining your situation.
Seek legal advice: Consult with an immigration specialist who can help present your case effectively.
Submit your application as soon as possible: Even if you’re now technically overstaying, submitting your application promptly may help mitigate negative consequences.

A Call to Action for the Home Office

This system failure highlights significant vulnerabilities in the UK’s digital immigration infrastructure. The Home Office needs to:

Implement robust system redundancies: Critical application systems should have backup mechanisms to prevent complete outages.
Create emergency submission protocols: Alternative submission methods should be available when digital systems fail.
Issue clear guidance for affected applicants: The Home Office should quickly publish instructions for those affected by system outages.
Exercise discretion in overstayer cases: When technical failures prevent timely submissions, the Home Office should implement a policy of leniency rather than rigid enforcement.

Final Thoughts

The current situation is untenable. A person’s immigration status, with all its life-changing implications, should never hinge on the reliability of an IT system. The Home Office must acknowledge this vulnerability and develop comprehensive contingency plans.

As immigration practitioners, we will continue advocating for our clients affected by this outage. If you’ve been impacted by yesterday’s system failure, don’t hesitate to reach out for professional guidance on protecting your immigration status.

Have questions? Get in touch today!

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

Email us on info@lisaslaw.co.uk.

Or, use the contact form on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/contact/

For more updates, follow us on our social media platforms! You can find them all on our Linktree right here.

James Cook

See Full Bio

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