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  • Commentaries

England and Wales Case Commentaries

The Continuity of IPEC Cost Caps and Security for Costs on Appeal: Establishing Commensurate Limits to Facilitate SME Access to Justice

The Continuity of IPEC Cost Caps and Security for Costs on Appeal: Establishing Commensurate Limits to Facilitate SME Access to Justice

Date: May 15, 2025
The Continuity of IPEC Cost Caps and Security for Costs on Appeal: Establishing Commensurate Limits to Facilitate SME Access to Justice Introduction This commentary examines the Court of Appeal’s...
“Extreme Youth Equals Category 1 Harm” – Edun v R and the Re-Calibration of Sentencing for Inchoate Child-Sex Offences

“Extreme Youth Equals Category 1 Harm” – Edun v R and the Re-Calibration of Sentencing for Inchoate Child-Sex Offences

Date: May 14, 2025
“Extreme Youth Equals Category 1 Harm” – Edun v R and the Re-Calibration of Sentencing for Inchoate Child-Sex Offences Introduction Edun, R. v ([2025] EWCA Crim 735) is a seminal Court of Appeal...
Environmental Purpose Requirement for National Law under Article 9(3) of the Aarhus Convention

Environmental Purpose Requirement for National Law under Article 9(3) of the Aarhus Convention

Date: May 14, 2025
Environmental Purpose Requirement for National Law under Article 9(3) of the Aarhus Convention 1. Introduction This commentary examines the England & Wales Court of Appeal’s decision in HM Treasury &...
Requirement for Detailed Reasoning in Credibility Assessments Under the Lower Standard of Proof in Asylum Claims

Requirement for Detailed Reasoning in Credibility Assessments Under the Lower Standard of Proof in Asylum Claims

Date: May 14, 2025
Requirement for Detailed Reasoning in Credibility Assessments Under the Lower Standard of Proof in Asylum Claims Introduction QY (Vietnam) v Secretary of State for the Home Department [2025] EWCA Civ...
Section 234 Insolvency Act 1986: Exclusion of Mortgaged Land with Appointed Receivers from Administrators’ Possession Orders

Section 234 Insolvency Act 1986: Exclusion of Mortgaged Land with Appointed Receivers from Administrators’ Possession Orders

Date: May 14, 2025
Section 234 Insolvency Act 1986: Exclusion of Mortgaged Land with Appointed Receivers from Administrators’ Possession Orders Introduction In Carvill-Biggs & Anor v Reading [2025] EWCA Civ 619, the...
The “Unknown Male DNA” Rule: Post‑conviction DNA identifying a non‑defendant donor in a sexual homicide renders a historic conviction unsafe — Commentary on Sullivan, R v [2025] EWCA Crim 772

The “Unknown Male DNA” Rule: Post‑conviction DNA identifying a non‑defendant donor in a sexual homicide renders a historic conviction unsafe — Commentary on Sullivan, R v [2025] EWCA Crim 772

Date: May 14, 2025
The “Unknown Male DNA” Rule: Post‑conviction DNA identifying a non‑defendant donor in a sexual homicide renders a historic conviction unsafe Introduction This commentary examines the Court of...
Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases

Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases

Date: May 14, 2025
Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases Introduction In Ahmed & Ors, R v ([2025] EWCA Crim 732)...
Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge

Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge

Date: May 14, 2025
Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge Introduction Bibi, R (On the Application Of) v Secretary of State for the...
Clarifying Harm Categories for Low-Level Child Sexual Activity: BZG & Anor [2025] EWCA Crim 598

Clarifying Harm Categories for Low-Level Child Sexual Activity: BZG & Anor [2025] EWCA Crim 598

Date: May 10, 2025
Clarifying Harm Categories for Low-Level Child Sexual Activity Introduction The appeal in R v BZG & ARY [2025] EWCA Crim 598 arises from an Attorney General referral under section 36 of the Criminal...
Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors

Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors

Date: May 10, 2025
Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors Introduction Lorenz v Caruana & Ors ([2025] EWCA Civ 606) is a Court of Appeal decision concerning the viability of a claim...
Self-Protective Carrying as “Weapon Availability”: Ogonowska v R ([2025] EWCA Crim 604)

Self-Protective Carrying as “Weapon Availability”: Ogonowska v R ([2025] EWCA Crim 604)

Date: May 10, 2025
Self-Protective Carrying as “Weapon Availability”: New Principle under Schedule 21 1. Introduction Ogonowska v R ([2025] EWCA Crim 604) is a Court of Appeal (Criminal Division) decision handed down...
Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC

Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC

Date: May 10, 2025
Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC Introduction The Court of Appeal’s decision in Beach v South Hams District Council ([2025]...
Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence

Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence

Date: May 10, 2025
Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence Introduction Aziz v R ([2025] EWCA Crim 605) is a landmark Court of Appeal decision concerning the...
Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges

Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges

Date: May 10, 2025
Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges Introduction In Praesidiad Holding BVBA & Anor v Zaun Ltd [2025] EWCA Civ 591, the England...
Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test

Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test

Date: May 10, 2025
Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test Introduction This commentary examines the England and Wales Court of Appeal decision in Tesco...
Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546

Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546

Date: May 10, 2025
Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546 Introduction Earp v R ([2025] EWCA Crim 546) is a decision of the England & Wales Court of Appeal...
Clarifying Relief from Sanctions under Denton for Unless Orders and the Limits of the Co-Defendant Principle in Default Judgment Relief

Clarifying Relief from Sanctions under Denton for Unless Orders and the Limits of the Co-Defendant Principle in Default Judgment Relief

Date: May 10, 2025
Clarifying Relief from Sanctions under Denton for Unless Orders and the Limits of the Co-Defendant Principle in Default Judgment Relief Introduction Leadingway Consultants Ltd v Saab & Anor ([2025]...
Amended Rule 37(5) EAT: Flexible Extension of Time for ‘Minor Errors’ in Instituting Appeals

Amended Rule 37(5) EAT: Flexible Extension of Time for ‘Minor Errors’ in Instituting Appeals

Date: May 10, 2025
Amended Rule 37(5) EAT: Flexible Extension of Time for ‘Minor Errors’ in Instituting Appeals Introduction Melki v Bouygues E and S Contracting UK Ltd ([2025] EWCA Civ 585) is the first Court of...
Reaffirming Cost-Plus as the Principal Benchmark for Excessive Pricing under Section 18 CA 1998

Reaffirming Cost-Plus as the Principal Benchmark for Excessive Pricing under Section 18 CA 1998

Date: May 9, 2025
Reaffirming Cost-Plus as the Principal Benchmark for Excessive Pricing under Section 18 CA 1998 Introduction This commentary examines the Court of Appeal’s judgment in Cinven Capital Management (V)...
Litigation Friend Requirement and Retrospective Nullity of Proceedings for Protected Parties under CPR 21: Johnston v Financial Ombudsman Service

Litigation Friend Requirement and Retrospective Nullity of Proceedings for Protected Parties under CPR 21: Johnston v Financial Ombudsman Service

Date: May 9, 2025
Litigation Friend Requirement and Retrospective Nullity of Proceedings for Protected Parties under CPR 21: Johnston v Financial Ombudsman Service Introduction This case involves Kenneth Johnston, a...
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