Commentaries

England and Wales Case Commentaries

Co-defendant Bad Character Evidence under s.101(1)(e) CJA 2003: When School CRIS Reports and Social Media Messages Supply “Substantial Probative Value” and the Required Jury Directions if Allegations Are Not Proved — R v Al‑Shumari [2025] EWCA Crim 1317

Date: Oct 17, 2025

Co-defendant Bad Character Evidence under s.101(1)(e) CJA 2003: When School CRIS Reports and Social Media Messages Supply “Substantial Probative Value” and the Required Jury Directions if Allegations...

Re‑pleading on Appeal and the Primacy of Facts over Labels: Court of Appeal Endorses Case‑Management Directions Preceding a Strike‑Out Appeal

Date: Oct 16, 2025

Re‑pleading on Appeal and the Primacy of Facts over Labels: Court of Appeal Endorses Case‑Management Directions Preceding a Strike‑Out Appeal Introduction In Yamba v BW Legal Services Ltd [2025] EWCA...

Security for Costs under CPR 2025: No Transitional Carve‑Out for Pre‑Brexit Claims; Litigant‑Specific Enforcement Risks Justify Residence‑Abroad Orders; Security Confined to Costs of Resisting the Appeal

Date: Oct 16, 2025

Security for Costs under CPR 2025: No Transitional Carve‑Out for Pre‑Brexit Claims; Litigant‑Specific Enforcement Risks Justify Residence‑Abroad Orders; Security Confined to Costs of Resisting the...

CPS‑Equivalent Cap on Private Prosecutors’ Recovery from Central Funds under s17(2A) POA 1985 where CPS was not engaged and the legal market not tested — Commentary on BDI & Ors, R v [2025] EWCA Crim 1289

Date: Oct 16, 2025

CPS‑Equivalent Cap on Private Prosecutors’ Recovery from Central Funds under s17(2A) POA 1985 where CPS was not engaged and the legal market not tested Introduction This reserved costs judgment of...

Mainpay Ltd v HMRC: No “Single Discontinuous Employment” under ITEPA and a Clarified Causation Test for “Loss of Tax Brought About Carelessly”

Date: Oct 16, 2025

Mainpay Ltd v HMRC: No “Single Discontinuous Employment” under ITEPA and a Clarified Causation Test for “Loss of Tax Brought About Carelessly” Introduction This appeal concerned umbrella company...

"No removal while your own guidance promises a 30‑day NRM reconsideration": Secretary of State must preserve reconsideration opportunity offered under statutory guidance

Date: Oct 16, 2025

"No removal while your own guidance promises a 30‑day NRM reconsideration": Secretary of State must preserve reconsideration opportunity offered under statutory guidance Case: CTK, R (On the...

Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under Article 14

Date: Oct 9, 2025

Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under...

No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of Sussex Police & CPS v XGY [2025] EWCA Civ 1230

Date: Oct 9, 2025

No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of...

Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271

Date: Oct 9, 2025

Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271 Introduction...

One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data

Date: Oct 8, 2025

One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data Introduction In InterDigital Inc & Ors, In the Matter Of (Re Optis...

“Decision” Exists Only on Service: Court of Appeal Holds JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence (Dhandapani v SSHD [2025] EWCA Civ 1244)

Date: Oct 8, 2025

“Decision” Exists Only on Service: JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence Case: Dhandapani, R (On the Application Of) v Secretary of State for...

Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service

Date: Oct 8, 2025

Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service...

Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption (Hippodrome Casino Ltd v HMRC [2025] EWCA Civ 1259)

Date: Oct 7, 2025

Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption Hippodrome Casino Ltd v Revenue and Customs [2025] EWCA...

Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order

Date: Oct 4, 2025

Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order Introduction This commentary...

Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty

Date: Oct 4, 2025

Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty Introduction In Orion Shipping and...

Affirmation Keeps All Obligations Alive: Cumulative Delivery and Net Availability under EXW Instalment Sales — Commentary on Advanced Multi‑Technology (t/a Hitex) & Ors v Uniserve Ltd [2025] EWCA Civ 1212

Date: Oct 3, 2025

Affirmation Keeps All Obligations Alive: Cumulative Delivery and Net Availability under EXW Instalment Sales Commentary on Advanced Multi-Technology for Medical Industry (t/a Hitex) & Ors v Uniserve...

No Mitigation Without Nexus: Fresh Psychiatric Evidence on CCRC Reference must Demonstrably Link to the Offending (R v Brogan [2025] EWCA Crim 1208)

Date: Oct 1, 2025

No Mitigation Without Nexus: Fresh Psychiatric Evidence on CCRC Reference must Demonstrably Link to the Offending (R v Brogan [2025] EWCA Crim 1208) Introduction In R v Brogan [2025] EWCA Crim 1208,...

No Agency Signature under s.53(1)(b): Corporate Execution Required, and Non‑Compliant Self‑Declared Trusts Cannot Defeat s.423 Transactions-at-Undervalue

Date: Oct 1, 2025

No Agency Signature under s.53(1)(b): Corporate Execution Required, and Non‑Compliant Self‑Declared Trusts Cannot Defeat s.423 Transactions-at-Undervalue Introduction In National Iranian Oil Company...

Baniulyte v R: No Routine Anonymity for Adult Trafficking Victims in Criminal Appeals; Convictions Unsafe Where s45 MSA Defence Was Not Put Despite Clear Indicators

Date: Sep 30, 2025

Baniulyte v R: No Routine Anonymity for Adult Trafficking Victims in Criminal Appeals; Convictions Unsafe Where s45 MSA Defence Was Not Put Despite Clear Indicators Introduction In Baniulyte v R...

Kapp: Section 117B public‑interest factors apply to revocation of deportation orders, requiring a forward‑looking assessment of financial independence

Date: Sep 30, 2025

Kapp: Section 117B public‑interest factors apply to revocation of deportation orders, requiring a forward‑looking assessment of financial independence Introduction In Secretary of State for the Home...