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  • Commentaries

England and Wales Case Commentaries

R v Moran ([2025] EWCA Crim 612):  Consecutive Sentencing and the Principle of Totality in Dual Drugs–Firearms Conspiracies

R v Moran ([2025] EWCA Crim 612): Consecutive Sentencing and the Principle of Totality in Dual Drugs–Firearms Conspiracies

Date: Apr 12, 2025
R v Moran ([2025] EWCA Crim 612): Consecutive Sentencing and the Principle of Totality in Dual Drugs–Firearms Conspiracies 1. Introduction The decision in R v Moran is a significant contribution to...
No General Duty to Disclose Evaluative Advice of Court-Appointed Assessors: Laidley v Metropolitan Housing Trust Ltd

No General Duty to Disclose Evaluative Advice of Court-Appointed Assessors: Laidley v Metropolitan Housing Trust Ltd

Date: Apr 12, 2025
No General Duty to Disclose Evaluative Advice of Court-Appointed Assessors: Laidley v Metropolitan Housing Trust Ltd Introduction Laidley v Metropolitan Housing Trust Ltd ([2025] EWCA Civ 448) is a...
Enforcing Legal Services Payment Orders via Hadkinson Orders in Family Appeal Proceedings

Enforcing Legal Services Payment Orders via Hadkinson Orders in Family Appeal Proceedings

Date: Apr 11, 2025
Enforcing Legal Services Payment Orders via Hadkinson Orders in Family Appeal Proceedings Introduction This commentary reviews the Court of Appeal decision in Ahmad & Anor v Faraj ([2025] EWCA Civ...
Clarifying Retained Responsibility and Extended Licence Periods in Diminished-Responsibility Manslaughter

Clarifying Retained Responsibility and Extended Licence Periods in Diminished-Responsibility Manslaughter

Date: Apr 11, 2025
Clarifying Retained Responsibility and Extended Licence Periods in Diminished-Responsibility Manslaughter 1. Introduction This judgment arises from the renewed application by the appellant, Ms....
Prestwick Care v SSHD: Court of Appeal Clarifies Jurisdiction to Hear Appeals from Paper Refusals of Interim Relief and Re-affirms the “Robust Balance of Convenience” Test

Prestwick Care v SSHD: Court of Appeal Clarifies Jurisdiction to Hear Appeals from Paper Refusals of Interim Relief and Re-affirms the “Robust Balance of Convenience” Test

Date: Apr 11, 2025
Prestwick Care v Secretary of State for the Home Department ([2025] EWCA Civ 991): Court of Appeal Clarifies Jurisdiction to Hear Appeals from Paper Refusals of Interim Relief and Re-affirms the...
Castle v R: Reinforcing Deterrence in Blackmail Against Public Servants

Castle v R: Reinforcing Deterrence in Blackmail Against Public Servants

Date: Apr 11, 2025
Castle v R: Reinforcing Deterrence in Blackmail Against Public Servants Introduction Castle, R. v ([2025] EWCA Crim 535) is a landmark decision of the England and Wales Court of Appeal (Criminal...
Ensuring Procedural Fairness: The Necessity Test for Intermediaries in Family Proceedings

Ensuring Procedural Fairness: The Necessity Test for Intermediaries in Family Proceedings

Date: Apr 11, 2025
Ensuring Procedural Fairness: The Necessity Test for Intermediaries in Family Proceedings Introduction This commentary examines the landmark decision in M (A Child: Intermediaries) [2025] EWCA Civ...
Ensuring Proportionality and Comparative Welfare Analysis in Child Placement – Re A (A Child) [2025] EWCA Civ 424

Ensuring Proportionality and Comparative Welfare Analysis in Child Placement – Re A (A Child) [2025] EWCA Civ 424

Date: Apr 11, 2025
Ensuring Proportionality and Comparative Welfare Analysis in Child Placement – Re A (A Child) [2025] EWCA Civ 424 Introduction Re A (A Child) [2025] EWCA Civ 424 is a landmark Court of Appeal...
R v Wheeler: Autism Spectrum Disorder in Sentencing Youth Terrorism Offenders

R v Wheeler: Autism Spectrum Disorder in Sentencing Youth Terrorism Offenders

Date: Apr 11, 2025
Recognition of Autism Spectrum Disorder in Sentencing Youth Terrorism Offenders Introduction R v Wheeler ([2025] EWCA Crim 558) is a landmark Court of Appeal decision addressing how a diagnosis of...
Actual Belief Suffices under PACE s.54(4)(a): Carter v Chief Constable of Essex Police

Actual Belief Suffices under PACE s.54(4)(a): Carter v Chief Constable of Essex Police

Date: Apr 10, 2025
Actual Belief Suffices under PACE s.54(4)(a) Introduction In Carter v Chief Constable of Essex Police ([2025] EWCA Civ 367) the England and Wales Court of Appeal considered when and how a custody...
Mohammed & Anor (R v) [2025] EWCA Crim 613: Principles of Totality and Plea Credit in Complex Multi-Count Violent Offences

Mohammed & Anor (R v) [2025] EWCA Crim 613: Principles of Totality and Plea Credit in Complex Multi-Count Violent Offences

Date: Apr 9, 2025
Mohammed & Anor (R v) [2025] EWCA Crim 613: Principles of Totality and Plea Credit in Complex Multi-Count Violent Offences Introduction This case arises from a series of violent assaults committed by...
Principled Differentiation of Culpability in Multi-Party Customs Duty Evasion: Sentencing Adjustment Clarified

Principled Differentiation of Culpability in Multi-Party Customs Duty Evasion: Sentencing Adjustment Clarified

Date: Apr 9, 2025
Principled Differentiation of Culpability in Multi-Party Customs Duty Evasion: Sentencing Adjustment Clarified Introduction This appeal arises from the Court of Appeal’s decision in R v Miller [2025]...
Clarifying “Serious Physical Harm” in Street Robbery Sentencing: R v Taylor [2025] EWCA Crim 514

Clarifying “Serious Physical Harm” in Street Robbery Sentencing: R v Taylor [2025] EWCA Crim 514

Date: Apr 9, 2025
Clarifying “Serious Physical Harm” in Street Robbery Sentencing: R v Taylor [2025] EWCA Crim 514 1. Introduction R v Taylor [2025] EWCA Crim 514 is a landmark Court of Appeal decision addressing how...
Clarifying PSED Compliance by Actual Decision-Makers in Local Authority Charging Policies

Clarifying PSED Compliance by Actual Decision-Makers in Local Authority Charging Policies

Date: Apr 9, 2025
Clarifying PSED Compliance by Actual Decision-Makers in Local Authority Charging Policies Introduction This landmark decision in YVR, R (On the Application Of) v Birmingham City Council ([2025] EWCA...
Boundary Demarcation Agreements Bind Successors Irrespective of Knowledge: White v Alder [2025] EWCA Civ 392

Boundary Demarcation Agreements Bind Successors Irrespective of Knowledge: White v Alder [2025] EWCA Civ 392

Date: Apr 8, 2025
Boundary Demarcation Agreements Bind Successors Irrespective of Knowledge White v Alder & Anor [2025] EWCA Civ 392 (Court of Appeal, Civil Division) Introduction White v Alder is a significant Court...
Issue Estoppel as a Barrier to Relitigation of Tax Refund Claims: A Landmark Clarification

Issue Estoppel as a Barrier to Relitigation of Tax Refund Claims: A Landmark Clarification

Date: Apr 7, 2025
Issue Estoppel as a Barrier to Relitigation of Tax Refund Claims: A Landmark Clarification Introduction The case of Skatteforvaltningen v MCML Ltd ([2025] EWCA Civ 371) brings to the fore a...
Judicial Clarification on Credit for Non‐Qualifying Curfews: The New Discretionary Approach in Rice v R

Judicial Clarification on Credit for Non‐Qualifying Curfews: The New Discretionary Approach in Rice v R

Date: Apr 7, 2025
Judicial Clarification on Credit for Non‐Qualifying Curfews: The New Discretionary Approach in Rice v R Introduction The case of Rice v R ([2025] EWCA Crim 352) represents a significant development...
Non-Conformance Reports as a Binding Condition Precedent in Delay Remedies

Non-Conformance Reports as a Binding Condition Precedent in Delay Remedies

Date: Apr 7, 2025
Non-Conformance Reports as a Binding Condition Precedent in Delay Remedies Introduction The case of Disclosure and Barring Service v Tata Consultancy Services Ltd ([2025] EWCA Civ 380) arose from a...
Threshold Determinations and Legal Advice Privilege Waiver in Contempt Proceedings: The Aslani v Sobierajska Principle

Threshold Determinations and Legal Advice Privilege Waiver in Contempt Proceedings: The Aslani v Sobierajska Principle

Date: Apr 7, 2025
Threshold Determinations and Legal Advice Privilege Waiver in Contempt Proceedings: The Aslani v Sobierajska Principle Introduction The case of Aslani v Sobierajska ([2025] EWCA Civ 391) before the...
R v John: Discretion and Non-Automatic Credit for LASPO Section 91(3) Remand

R v John: Discretion and Non-Automatic Credit for LASPO Section 91(3) Remand

Date: Apr 5, 2025
R v John: Discretion and Non-Automatic Credit for LASPO Section 91(3) Remand Introduction R v John ([2025] EWCA Crim 511) concerns the proper treatment of time spent on remand to local authority care...
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