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  • Commentaries

England and Wales Case Commentaries

Mandatory Statutory Variation Procedure for Specified Funding under Section 21 of the Infrastructure Act 2015

Mandatory Statutory Variation Procedure for Specified Funding under Section 21 of the Infrastructure Act 2015

Date: Jun 11, 2025
Mandatory Statutory Variation Procedure for Specified Funding under Section 21 of the Infrastructure Act 2015 Introduction Transport Action Network Ltd (“TAN”) challenged the Secretary of State for...
Andrew v FRN: Non-Party Appeal Rights and Procedural Fairness in Section 68 Arbitration Challenges

Andrew v FRN: Non-Party Appeal Rights and Procedural Fairness in Section 68 Arbitration Challenges

Date: Jun 11, 2025
Andrew v The Federal Republic of Nigeria: Non-Party Appeal Rights and Procedural Fairness in Section 68 Arbitration Challenges Introduction This commentary examines the Court of Appeal’s judgment in...
Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15

Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15

Date: Jun 11, 2025
Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15 1. Introduction Jacob (Formerly Oyebola), R. v (Re s.31 Proceeds of Crime Act...
Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts

Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts

Date: Jun 11, 2025
Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts 1. Introduction Cheetham, R. v ([2025] EWCA Crim 804)...
Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases

Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases

Date: Jun 10, 2025
Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases Introduction This appeal arises from the joint sentencing of Jonathan Cassidy (“Cassidy”) and Nasar...
Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa

Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa

Date: Jun 10, 2025
Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa Introduction The Court of Appeal’s decision in Saxon Woods Investments Ltd v Costa (Re Spring Media...
The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent

The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent

Date: Jun 10, 2025
The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent Introduction MH (Bangladesh) v Secretary of State for the Home Department [2025] EWCA Civ...
Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968

Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968

Date: Jun 9, 2025
Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968 Introduction In Wishart v R, the England and Wales Court of Appeal (Criminal Division) dismissed...
Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations

Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations

Date: Jun 9, 2025
Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations Introduction Forbes v Interbay Funding Ltd ([2025] EWCA Civ 690) is a landmark decision of...
Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD

Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD

Date: Jun 9, 2025
Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD Introduction AAZA (a Yemeni national born in 2000, long resident in China but...
Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing

Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing

Date: Jun 7, 2025
Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing Introduction In Barrett, R. v ([2025] EWCA Crim 840) the Court of...
R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed

R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed

Date: Jun 7, 2025
R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed Introduction The Court of Appeal’s decision in Raja & Anor, R. v ([2025] EWCA Crim 948)...
Povall v R – “Not Every Interjection is Intervention”:  The Refined Threshold for Quashing Convictions on the Ground of Judicial Questioning

Povall v R – “Not Every Interjection is Intervention”: The Refined Threshold for Quashing Convictions on the Ground of Judicial Questioning

Date: Jun 6, 2025
“Not Every Interjection is Intervention” – Povall, R. v ([2025] EWCA Crim 802) and the Refined Threshold for Quashing Convictions Owing to Judicial Questioning 1. Introduction In Povall, R. v ([2025]...
Cain v R: Elevating Multiple Category-A Factors Above Mitigation in Fatal Dangerous-Driving Sentences

Cain v R: Elevating Multiple Category-A Factors Above Mitigation in Fatal Dangerous-Driving Sentences

Date: Jun 6, 2025
Cain v R: Elevating Multiple Category-A Factors Above Mitigation in Fatal Dangerous-Driving Sentences Introduction On 5 June 2025 the Court of Appeal (Criminal Division) delivered its judgment in...
“The Roach Ceiling” – Clarifying the Limits on Upward Departure from Sentencing Council Guideline Ranges

“The Roach Ceiling” – Clarifying the Limits on Upward Departure from Sentencing Council Guideline Ranges

Date: Jun 6, 2025
“The Roach Ceiling” – Clarifying the Limits on Upward Departure from Sentencing Council Guideline Ranges 1. Introduction In Roach, R. v ([2025] EWCA Crim 786) the Court of Appeal (Criminal Division)...

        R v Legg [2025] EWCA Crim 820 – The Court of Appeal Clarifies the
        Threshold for Appellate Interference with a Trial Judge’s Assessment
        of Psychological Harm under the Sexual Offences Guidelines

R v Legg [2025] EWCA Crim 820 – The Court of Appeal Clarifies the Threshold for Appellate Interference with a Trial Judge’s Assessment of Psychological Harm under the Sexual Offences Guidelines

Date: Jun 6, 2025
R v Legg [2025] EWCA Crim 820 Deference to Sentencer’s Findings of Psychological Harm and the Limits of the Unduly Lenient Sentence Reference 1. Introduction In R v Legg the Court of Appeal (Criminal...
Mandatory Minimum Firearm Sentences Must Run Consecutively to Drug Offences – Commentary on R v Wills [2025] EWCA Crim 811

Mandatory Minimum Firearm Sentences Must Run Consecutively to Drug Offences – Commentary on R v Wills [2025] EWCA Crim 811

Date: Jun 6, 2025
Mandatory Minimum Firearm Sentences Must Run Consecutively to Drug Offences A Detailed Commentary on R v Wills [2025] EWCA Crim 811 1. Introduction In Wills, R v ([2025] EWCA Crim 811) the Court of...
Confirming the Prosecution’s Right of Appeal from Pre-Arraignment Dismissals in the Court Martial – Commentary on R v BSH [2025] EWCA Crim 706

Confirming the Prosecution’s Right of Appeal from Pre-Arraignment Dismissals in the Court Martial – Commentary on R v BSH [2025] EWCA Crim 706

Date: Jun 5, 2025
Confirming the Prosecution’s Right of Appeal from Pre-Arraignment Dismissals in the Court Martial A Comprehensive Commentary on R v BSH ([2025] EWCA Crim 706) 1. Introduction In R v BSH the Court of...
Defining “Place of Residence” for Bankruptcy Jurisdiction: Requirement of a Meaningful Connection (KSCP v Prince Hussam)

Defining “Place of Residence” for Bankruptcy Jurisdiction: Requirement of a Meaningful Connection (KSCP v Prince Hussam)

Date: May 31, 2025
Defining “Place of Residence” for Bankruptcy Jurisdiction: Requirement of a Meaningful Connection Introduction This commentary examines the Court of Appeal’s decision in Mobile Telecommunications...
No Discharge Proviso Required: Adequate Protection of Property Rights under Section 155 Water Industry Act

No Discharge Proviso Required: Adequate Protection of Property Rights under Section 155 Water Industry Act

Date: May 24, 2025
No Discharge Proviso Required: Adequate Protection of Property Rights under Section 155 Water Industry Act Introduction This case concerns an appeal by the Manchester Ship Canal Company Ltd (“MSC”)...
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