A no loss defence often arises due to the nature of the contractual matrix on construction projects. For example, a contract may be novated, the employer may not own the land on which the works are carried out, or the development may be sold after completion of the works before defects are discovered. These scenarios (and others) can all potentially provoke a no loss defence from a contractor or consultant, alleged to be in breach of its contract. What is the no loss defence? Damages for breach of contract are compensatory in nature and are intended to put the claimant into the position it would have been in had the contract been performed as intended. If no loss is incurred following a breach of contract, then there will be no damages awarded or only nominal damages awarded. See Practice Note: Contractual damages—general principles. If the contract breach does cause loss, but the loss is suffered by a third party, the defendant will not be liable to that third party under that contract, because of

Public Law analysis: In an appeal brought by Ms. Fatima Ali, the Court of Appeal considered the dependency requirements for family members over 21 under Directive 2004/38/EC and the Withdrawal Agreement. It was held that the Secretary of State’s interpretation of dependency as requiring continuous and enduring financial reliance on the EU citizen was inconsistent with the Directive and the Withdrawal Agreement. The court determined that dependency should be assessed at the time of the initial application to join the EU citizen, with subsequent employment under Article 23 of Directive 2004/38/EC not affecting the right of residence. Written by Parvez Anwar Pantho, Caseworker at Duncan Lewis.

The ‘registration gap’ describes the period of time between: • actual completion of the transfer of a freehold or leasehold property within a registered title (ie the date on which the purchase price is paid and the parties send their signed copies of the transfer to one another), and • the subsequent entry of the transaction on the register of title at HM Land Registry. Section 27(1) of the Land Registration Act 2002 (LRA 2002) provides that: ‘If a disposition of a registered estate or registered charge is required to be completed by registration, it does not operate at law until the relevant registration requirements are met.’ The effect of LRA 2002, s 27(1), therefore, is that legal title to the property in question does not pass to the buyer until the buyer is registered as proprietor at HM Land Registry (but note the effect of LRA 2002, s 74, which provides that the making of an entry in the register which relates to the disposition of a registered estate takes effect from the date

Dispute Resolution analysis: The substantive claim concerned the claimants’ right to light appurtenant to their flats over the defendant’s development site. Following the hearing, the court found in favor of the claimants’ and awarded damages accordingly (but reject the claimants’ claim for injunctive relief). In this case, the court gave guidance on which party was ‘successful’ for the purposes of CPR 44.2 following a multi-element Part 36 offer. The defendant’s had offered to settle not just in respect of the claimant’s right to light as a result of their development, but also for any statutory claims under section 204 of the Housing and Planning Act 2016 (HPA 2016), following the future planned development of an adjacent site. Mr Justice Fancourt held that he was not able to confidently estimate what the diminution in the claimant’s flat would be in those circumstances and therefore he could not conclude that the defendant had beaten their Part 36 offer. This case should therefore serve as a warning to parties making Part 36 offers with multiple elements, particularly where those elements are difficult to quantify and do not, as in this case, form part of the claim. Written by Charlotte Payne, barrister at 7KBW.

Commercial analysis: Commercial and regulatory drivers have, over recent years, pushed ESG credentials up the board agenda. With many UK businesses having considered the risk of ‘greenwashing’ within their marketing and supply chain, it seems the reach of the ‘washing’ phenomenon is now increasing. Jessica Harvey, diversity and inclusion manager, and Lucy Gordon, partner, both at Walker Morris, explain the ‘washing’ phenomenon and offer practical advice to businesses.

The3million and the Immigration Law Practitioners’ Association (ILPA) have written to the Minister for Migration and Citizenship, Seema Malhotra MP, urging policy changes to address a gap preventing individuals with an EU Settlement Scheme (EUSS) Certificate of Application (CoA) from travelling to the UK since the full introduction of the Electronic Travel Authorisation (ETA) scheme for EEA and Swiss citizens on 2 April 2025. The letter calls for urgent policy changes, such as (preferably) instructing carriers to allow travel for those with pending EUSS applications or alternatively changing the Immigration Rules to permit ETA applications for this group. It also emphasises the need for clear guidance to carriers and affected individuals to prevent legal uncertainty and ensure compliance with the Withdrawal Agreement.

The3million and the Immigration Law Practitioners’ Association (ILPA) have written to the Minister for Migration and Citizenship, Seema Malhotra MP, expressing concerns about the closure of the Passenger Support Helpline, which was operational for just over three months before closing on 31 March 2025. The letter highlights that the helpline was essential for passengers who faced issues with carriers refusing to accept their digital status for boarding. Despite requests from the3million and other stakeholders to keep the helpline active, the Home Office decided to close it due to ‘extremely low levels of contact.’ The letter states that the low contact levels were due to limited awareness of the helpline and that its closure is disproportionate given the ongoing issues faced by UK visa holders. The letter provides recommendations which include reinstating the helpline, improving communication about its existence, and promoting engagement with stakeholders on its future.

The3million and the Immigration Law Practitioners’ Association (ILPA) have published their Q1 2026 report on eVisa-related problems, covering the period from 1 January to 31 March 2026. The report analyses data submitted through three ‘Report-It’ forms covering EU Settlement Scheme (EUSS) holders, individuals with non-EUSS immigration status and people experiencing travel-related difficulties.

The3million and the Immigration Law Practitioners' Association (ILPA) have released a report detailing significant eVisa system issues from July to September 2025. The report, which expands data collection by integrating submissions from three Report-It forms covering EU Settlement Scheme holders, non-EUSS status individuals and people experiencing travel difficulties, highlights the following key points:

The3million and the Immigration Law Practitioners’ Association (ILPA) have written to Parliamentary Under-Secretary of State for Migration and Citizenship, Mike Tapp MP, raising concerns about how the enforcement of Electronic Travel Authorisations (ETAs) will operate from 25 February 2026. They raise questions about how carrier liability under section 40 of the Immigration and Asylum Act 1999 will operate in this context even after ‘permission to travel’ is granted, and how functionality problems with eVisas and other aspects will be approached by the Carrier Support Hub. Further questions cover engagement with carriers on indirect flights, functionality for updating details for pending EUSS applicants and whether eVisa holders abroad can use the ID Checking app to update passports.

The UK government is reported to have postponed the full transition to eVisas, acknowledging significant flaws in the digital-only system's implementation. This reported decision comes in response to mounting concerns about the system's ability to protect migrants' rights and prevent travel disruptions. the3million, an advocacy   organisation representing EU citizens in the UK, is calling for an urgent public inquiry into the matter. Key issues it seeks to raise include mixed-up online statuses, inaccurate expiry information, and potential travel chaos affecting millions. The organisation has highlighted critical areas requiring immediate attention, such as the reissuance of biometric residence cards, carriers' liability rules, and the interaction between eVisas and the Electronic Travel Authorisation scheme. Following a recent meeting with Immigration Minister Seema Malhotra to discuss policy proposals, the3million emphasises the need for comprehensive reform to address the ongoing risks posed by the current eVisa system.

The3million has announced that it has issued a pre-action protocol letter to the Home Office concerning its ‘granted in error’ policy under the EU Settlement Scheme (EUSS). The organisation states that the policy affects individuals who were granted pre-settled or settled status, but whom the Home Office later considers may not have qualified for that status when it was granted.