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  • Commentaries

England and Wales Case Commentaries

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences

Date: Dec 19, 2025
Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences 1. Introduction This commentary examines the decision of the England and Wales...
Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672

Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672

Date: Dec 19, 2025
Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672 1. Introduction This...
Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified

Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified

Date: Dec 19, 2025
Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified 1. Introduction The Court of Appeal’s decision in Secretary of State for the Home Department v...
Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt – Commentary on Michael v Michael [2025] EWCA Civ 1668

Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt – Commentary on Michael v Michael [2025] EWCA Civ 1668

Date: Dec 19, 2025
Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt Commentary on Michael v Michael [2025] EWCA Civ 1668 1....
Enrichment Requires a Transfer of Value: Court of Appeal Narrows “At the Expense Of” in Unjust Enrichment (Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd)

Enrichment Requires a Transfer of Value: Court of Appeal Narrows “At the Expense Of” in Unjust Enrichment (Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd)

Date: Dec 19, 2025
Enrichment Requires a Transfer of Value: Clarifying “At the Expense Of” in Unjust Enrichment and Digital Likeness Cases Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd [2025]...
Derby CC v UYR [2025] EWCA Civ 1648: Interim Relief in Age Assessment Judicial Review and the Role of Competing Section 20 Duties

Derby CC v UYR [2025] EWCA Civ 1648: Interim Relief in Age Assessment Judicial Review and the Role of Competing Section 20 Duties

Date: Dec 19, 2025
Derby City Council v UYR [2025] EWCA Civ 1648: No “Strong Prima Facie Case” Threshold for Interim Relief in Age Assessment Judicial Review, and the Effect of Existing Section 20 Accommodation 1....
HMRC v Sintra Global Inc: Clarifying the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals

HMRC v Sintra Global Inc: Clarifying the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals

Date: Dec 19, 2025
HMRC v Sintra Global Inc & Parul Malde [2025] EWCA Civ 1661: The Court of Appeal Clarifies the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals 1. Introduction The decision in...
Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ 1652

Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ 1652

Date: Dec 19, 2025
Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ...
Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd

Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd

Date: Dec 19, 2025
Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd [2025] EWCA Civ 1662 1. Introduction The Court of Appeal’s...
Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Commentary on Abbott Diabetes Care Inc & Ors v Dexcom Incorporated & Ors [2025] EWCA Civ 1633

Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Commentary on Abbott Diabetes Care Inc & Ors v Dexcom Incorporated & Ors [2025] EWCA Civ 1633

Date: Dec 19, 2025
Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Abbott v Dexcom [2025] EWCA Civ 1633 1. Introduction This commentary examines the Court of Appeal decision in...
Smith & Ors: Sentencing Protest-Related Criminal Damage to Heritage Memorials and the Limits of Articles 10 and 11 ECHR

Smith & Ors: Sentencing Protest-Related Criminal Damage to Heritage Memorials and the Limits of Articles 10 and 11 ECHR

Date: Dec 17, 2025
Smith & Ors: Sentencing Protest-Related Criminal Damage to Heritage Memorials and the Limits of Articles 10 and 11 ECHR 1. Introduction In Smith & Ors, R v [2025] EWCA Crim 1623, the Court of Appeal...
Political Change as an Extrinsic Reason for Refusing Costs: Commentary on PCSU v Secretary of State for the Home Department [2025] EWCA Civ 1644

Political Change as an Extrinsic Reason for Refusing Costs: Commentary on PCSU v Secretary of State for the Home Department [2025] EWCA Civ 1644

Date: Dec 17, 2025
Political Change as an Extrinsic Reason for Refusing Costs: Commentary on Public and Commercial Services Union v Secretary of State for the Home Department [2025] EWCA Civ 1644 1. Introduction 1.1....
Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v SSHD [2025] EWCA Civ 1646

Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v SSHD [2025] EWCA Civ 1646

Date: Dec 17, 2025
Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v Secretary of State for the Home Department [2025] EWCA Civ 1646 1. Introduction This...
Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The NMC v Ibrahim [2025] EWCA Civ 1631

Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The NMC v Ibrahim [2025] EWCA Civ 1631

Date: Dec 17, 2025
Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The Nursing and Midwifery Council v Ibrahim [2025] EWCA Civ 1631 1. Introduction The...
Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise

Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise

Date: Dec 17, 2025
Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise 1. Introduction The decision in C (A Child)...
Refurbished Branded Goods, Commercial Connection and the Limits of Trade Mark Exhaustion – Commentary on AGA Rangemaster Group Ltd v UK Innovations Group Ltd [2025] EWCA Civ 1622

Refurbished Branded Goods, Commercial Connection and the Limits of Trade Mark Exhaustion – Commentary on AGA Rangemaster Group Ltd v UK Innovations Group Ltd [2025] EWCA Civ 1622

Date: Dec 17, 2025
Refurbished Branded Goods, Commercial Connection and the Limits of Trade Mark Exhaustion: Commentary on AGA Rangemaster Group Ltd v UK Innovations Group Ltd [2025] EWCA Civ 1622 1. Introduction This...
R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality

R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality

Date: Dec 15, 2025
R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality 1. Introduction The decision in R v Cox [2025]...
Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v HMRC [2025] EWCA Civ 1615

Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v HMRC [2025] EWCA Civ 1615

Date: Dec 15, 2025
Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v Revenue and Customs [2025] EWCA Civ 1615 1. Introduction The Court of Appeal’s...

    Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm:
    “Medical Condition” Does Not Include a Mere Change in Understanding –
    Commentary on LXR v First‑tier Tribunal (SEC) [2025] EWCA Civ 1608

Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm: “Medical Condition” Does Not Include a Mere Change in Understanding – Commentary on LXR v First‑tier Tribunal (SEC) [2025] EWCA Civ 1608

Date: Dec 15, 2025
Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm: “Medical Condition” Does Not Include a Mere Change in Understanding – Commentary on LXR, R (on the application of) v First‑tier...
Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612

Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612

Date: Dec 15, 2025
Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612 1. Introduction Cobden v Cobden is a...
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