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  • Commentaries

England and Wales Case Commentaries

“Adjudication Awards Do Not Extinguish Subsequent Creditor Claims in Insolvency Voting”

“Adjudication Awards Do Not Extinguish Subsequent Creditor Claims in Insolvency Voting”

Date: May 24, 2025
“Adjudication Awards Do Not Extinguish Subsequent Creditor Claims in Insolvency Voting” Introduction Bhundia v Dhar (Re Five Delta Ltd – Insolvency Act 1986) [2025] EWHC 1227 (Ch) is a Court of...
Establishing the Autonomy of CAT Follow-On Claims: Transferred Proceedings Trigger CAT Limitation Rules

Establishing the Autonomy of CAT Follow-On Claims: Transferred Proceedings Trigger CAT Limitation Rules

Date: May 24, 2025
Establishing the Autonomy of CAT Follow-On Claims: Transferred Proceedings Trigger CAT Limitation Rules Introduction This case, Secretary of State for Health and Social Care & Ors v Lundbeck Ltd &...
Tailored Trial Adaptations for Neurodiverse Defendants: Fitness to Plead and Diminished Responsibility Clarified in De Zoysa v R

Tailored Trial Adaptations for Neurodiverse Defendants: Fitness to Plead and Diminished Responsibility Clarified in De Zoysa v R

Date: May 24, 2025
Tailored Trial Adaptations for Neurodiverse Defendants: Fitness to Plead and Diminished Responsibility Clarified in De Zoysa v R Introduction De Zoysa v R ([2025] EWCA Crim 668) is a landmark Court...
“Humphreys” Guideline: Immediate Custody for Coercive-Control Offences Involving Strangulation & Prior Domestic Violence

“Humphreys” Guideline: Immediate Custody for Coercive-Control Offences Involving Strangulation & Prior Domestic Violence

Date: May 24, 2025
“Humphreys” Guideline: Immediate Custody for Coercive-Control Offences Involving Strangulation & Prior Domestic Violence 1. Introduction R v Humphreys ([2025] EWCA Crim 743) is the latest...
Clarifying the Durable Partner Requirement under the EU Settlement Scheme (EUSS)

Clarifying the Durable Partner Requirement under the EU Settlement Scheme (EUSS)

Date: May 24, 2025
Clarifying the Durable Partner Requirement under the EU Settlement Scheme (EUSS) Introduction Mustaj v Secretary of State for the Home Department ([2025] EWCA Civ 663) is a Court of Appeal decision...
Private Nature of Political Party Leadership Elections: Exclusion from Public Functions under the HRA

Private Nature of Political Party Leadership Elections: Exclusion from Public Functions under the HRA

Date: May 24, 2025
Private Nature of Political Party Leadership Elections: Exclusion from Public Functions under the Human Rights Act 1998 Introduction This commentary examines the Court of Appeal decision in Tortoise...
Limitation on Credit for Post-Sentence Bail under Qualifying Curfew Conditions – Layden v R [2025] EWCA Crim 659

Limitation on Credit for Post-Sentence Bail under Qualifying Curfew Conditions – Layden v R [2025] EWCA Crim 659

Date: May 24, 2025
Limitation on Credit for Post-Sentence Bail under Qualifying Curfew Conditions Introduction Layden v R [2025] EWCA Crim 659 is a decision of the England and Wales Court of Appeal (Criminal Division)...
Clarifying the Threshold for Suspended Sentences in Online Child-Grooming Cases: Payne v R [2025] EWCA Crim 766

Clarifying the Threshold for Suspended Sentences in Online Child-Grooming Cases: Payne v R [2025] EWCA Crim 766

Date: May 24, 2025
Clarifying the Threshold for Suspended Sentences in Online Child-Grooming Cases: Payne v R [2025] EWCA Crim 766 Introduction Payne v R is a Court of Appeal (Criminal Division) decision that...
Rationality and Proportionality in Certificate of Travel Decisions:  
KH R (On the Application Of) v SSHD ([2025] EWCA Civ 675)

Rationality and Proportionality in Certificate of Travel Decisions: KH R (On the Application Of) v SSHD ([2025] EWCA Civ 675)

Date: May 23, 2025
Rationality and Proportionality in Certificate of Travel Decisions: KH R (On the Application Of) v SSHD ([2025] EWCA Civ 675) Introduction KH, R (On the Application Of) v Secretary of State for the...
No Statutory Right to Legal Representation at IDP Review Meetings under the ALN Act 2018

No Statutory Right to Legal Representation at IDP Review Meetings under the ALN Act 2018

Date: May 23, 2025
No Statutory Right to Legal Representation at IDP Review Meetings under the ALN Act 2018 1. Introduction AY, a child with additional learning needs (“ALN”), challenged the Vale of Glamorgan County...
Rehabilitation-Centred Sentencing: When Post-Offence Progress and Victim Impact Justify Suspension of Custody — Commentary on R v BCN [2025] EWCA Crim 723

Rehabilitation-Centred Sentencing: When Post-Offence Progress and Victim Impact Justify Suspension of Custody — Commentary on R v BCN [2025] EWCA Crim 723

Date: May 23, 2025
Rehabilitation-Centred Sentencing: When Post-Offence Progress and Victim Impact Justify Suspension of Custody — Commentary on R v BCN [2025] EWCA Crim 723 1. Introduction The Court of Appeal...
Hudson v R – Re-affirming Strict Time-Limit Adherence in Criminal Appeals and Correcting Release Calculations for Historic Sexual Offences

Hudson v R – Re-affirming Strict Time-Limit Adherence in Criminal Appeals and Correcting Release Calculations for Historic Sexual Offences

Date: May 23, 2025
Hudson v R – Re-affirming Strict Time-Limit Adherence in Criminal Appeals and Correcting Release Calculations for Historic Sexual Offences Introduction The judgment in Hudson, R. v ([2025] EWCA Crim...
First‑Opportunity Plea Credit Applies to an Upgraded Charge: ADHD‑Reduced Culpability and the Limits of the Unduly Lenient Jurisdiction in R v Ibbotson [2025] EWCA Crim 1221

First‑Opportunity Plea Credit Applies to an Upgraded Charge: ADHD‑Reduced Culpability and the Limits of the Unduly Lenient Jurisdiction in R v Ibbotson [2025] EWCA Crim 1221

Date: May 23, 2025
First‑Opportunity Plea Credit Applies to an Upgraded Charge: ADHD‑Reduced Culpability and the Limits of the Unduly Lenient Jurisdiction in R v Ibbotson [2025] EWCA Crim 1221 Introduction This...
Continuity of the Buxted ‘Occupied Together With’ Test in Agricultural Rate Exemptions

Continuity of the Buxted ‘Occupied Together With’ Test in Agricultural Rate Exemptions

Date: May 23, 2025
Continuity of the Buxted ‘Occupied Together With’ Test in Agricultural Rate Exemptions Introduction Bunyan (Valuation Officer) v Fridays Ltd ([2025] EWCA Civ 666) is an appeal concerning the scope of...
Clarifying “Leading Role”, Totality and Unlawful Maximums in Multi-Count Drug Importation: Commentary on Terry, R. v ([2025] EWCA Crim 726)

Clarifying “Leading Role”, Totality and Unlawful Maximums in Multi-Count Drug Importation: Commentary on Terry, R. v ([2025] EWCA Crim 726)

Date: May 23, 2025
Clarifying “Leading Role”, Totality and Unlawful Maximums in Multi-Count Drug Importation: Commentary on Terry, R. v ([2025] EWCA Crim 726) 1. Introduction Anthony Terry, a prolific class-A drug...
Talukder Guideline: Weighting Concurrent Sentences and Using Section-8 Benchmarks for Section-10 Offences Against Children Under 13

Talukder Guideline: Weighting Concurrent Sentences and Using Section-8 Benchmarks for Section-10 Offences Against Children Under 13

Date: May 23, 2025
Talukder Guideline: Weighting Concurrent Sentences and Using Section-8 Benchmarks for Section-10 Offences Against Children Under 13 Introduction Case: Talukder, R. v [2025] EWCA Crim 725 Court:...
Boswell v Secretary of State for Energy Security and Net Zero: The Role of NPS Policy in Assessing and Weighing GHG Emissions in NSIP Decisions

Boswell v Secretary of State for Energy Security and Net Zero: The Role of NPS Policy in Assessing and Weighing GHG Emissions in NSIP Decisions

Date: May 23, 2025
Boswell v Secretary of State for Energy Security and Net Zero: The Role of NPS Policy in Assessing and Weighing GHG Emissions in NSIP Decisions Introduction This commentary examines the Court of...
R v Thomas: Clarifying Sentencing Parity Where Co-Defendants Straddle the 16/19 Age Threshold

R v Thomas: Clarifying Sentencing Parity Where Co-Defendants Straddle the 16/19 Age Threshold

Date: May 23, 2025
R v Thomas: Clarifying Sentencing Parity Where Co-Defendants Straddle the 16/19 Age Threshold Introduction In Thomas, R. v ([2025] EWCA Crim 718) the Court of Appeal (Criminal Division) revisited the...
Juror Contempt: Mandatory Advisement of Right to Legal Advice and Procedure; Record as “Finding” Not “Conviction” — R v Szobollodi [2025] EWCA Crim 1204

Juror Contempt: Mandatory Advisement of Right to Legal Advice and Procedure; Record as “Finding” Not “Conviction” — R v Szobollodi [2025] EWCA Crim 1204

Date: May 23, 2025
Juror Contempt: Mandatory Advisement of Right to Legal Advice and Procedure; Record as “Finding” Not “Conviction” — R v Szobollodi [2025] EWCA Crim 1204 Introduction This commentary analyzes the...
Reaffirmation of the Market Mitigation Rule for Cryptocurrency Losses: Limits on ‘Foregone Growth’ Damages

Reaffirmation of the Market Mitigation Rule for Cryptocurrency Losses: Limits on ‘Foregone Growth’ Damages

Date: May 22, 2025
Reaffirmation of the Market Mitigation Rule for Cryptocurrency Losses: Limits on ‘Foregone Growth’ Damages Introduction BSV Claims Ltd v Bittylicious Ltd & Ors ([2025] EWCA Civ 661) is a landmark...
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