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  • Commentaries

England and Wales Case Commentaries

Issue Estoppel from Legal Determinations Bars Re‑Litigation Across Different Transactions: Court of Appeal in Skatteforvaltningen v MCML Ltd [2025] EWCA Civ 371

Issue Estoppel from Legal Determinations Bars Re‑Litigation Across Different Transactions: Court of Appeal in Skatteforvaltningen v MCML Ltd [2025] EWCA Civ 371

Date: Apr 5, 2025
Issue Estoppel from Legal Determinations Bars Re‑Litigation Across Different Transactions: Court of Appeal in Skatteforvaltningen v MCML Ltd [2025] EWCA Civ 371 Introduction The England and Wales...
Clarification of “Official Warnings” and Category 1A Culpability under the Dangerous Dogs Act 1991

Clarification of “Official Warnings” and Category 1A Culpability under the Dangerous Dogs Act 1991

Date: Apr 5, 2025
Clarification of “Official Warnings” and Category 1A Culpability under the Dangerous Dogs Act 1991 Introduction This commentary examines the Court of Appeal’s decision in Taylor, R. v [2025] EWCA...
Aggregate Sentencing for Campaign of Child Rape: TMD v R [2025] EWCA Crim 463

Aggregate Sentencing for Campaign of Child Rape: TMD v R [2025] EWCA Crim 463

Date: Apr 5, 2025
Aggregate Sentencing for Campaign of Child Rape: TMD v R [2025] EWCA Crim 463 Introduction In TMD v R ([2025] EWCA Crim 463), the England and Wales Court of Appeal (Criminal Division) considered the...
Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA

Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA

Date: Apr 4, 2025
Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA Introduction The case of Sullivan v Isle of Wight Council ([2025] EWCA Civ 379) addresses complex...
Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context

Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context

Date: Apr 4, 2025
Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context Introduction This commentary examines the judgment in Renaissance Securities...
A New Standard for Water Body-Specific Measures in UK Water Management: Commentary on SSEFRA v Pickering Fishery Association

A New Standard for Water Body-Specific Measures in UK Water Management: Commentary on SSEFRA v Pickering Fishery Association

Date: Apr 4, 2025
A New Standard for Water Body-Specific Measures in UK Water Management This commentary examines the judgment in Secretary of State for Environment, Food and Rural Affairs v Pickering Fishery...
The Unitary Modular Design Principle in Registered Design Law

The Unitary Modular Design Principle in Registered Design Law

Date: Apr 4, 2025
The Unitary Modular Design Principle in Registered Design Law Introduction The judgment in Safestand Ltd v Weston Homes PLC & Ors ([2025] EWCA Civ 374) represents a significant development in the...
New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law

New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law

Date: Apr 4, 2025
New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law Introduction The judgment in Davies v Benwell Road RTM Company Ltd [2025] EWCA Civ 368...
Mandatory Life Sentences for Repeat Sexual Offences Under the Sentencing Act 2020

Mandatory Life Sentences for Repeat Sexual Offences Under the Sentencing Act 2020

Date: Apr 4, 2025
Mandatory Life Sentences for Repeat Sexual Offences Under the Sentencing Act 2020 Introduction Watson, R. v [2025] EWCA Crim 563 is a landmark decision of the Court of Appeal (Criminal Division)...
“The Miranda Principle” – Court of Appeal Endorses Controlled Re-Opening of Prosecution Cases for Late-Discovered Digital Evidence

“The Miranda Principle” – Court of Appeal Endorses Controlled Re-Opening of Prosecution Cases for Late-Discovered Digital Evidence

Date: Apr 4, 2025
“The Miranda Principle” – Court of Appeal Endorses Controlled Re-Opening of Prosecution Cases for Late-Discovered Digital Evidence (Commentary on Miranda & Ors, R. v [2025] EWCA Crim 570) 1....
Abdulrasul, R. v ([2025] EWCA Crim 583) — A Stricter Threshold for Late Criminal Appeals and “Fresh Evidence” Applications

Abdulrasul, R. v ([2025] EWCA Crim 583) — A Stricter Threshold for Late Criminal Appeals and “Fresh Evidence” Applications

Date: Apr 4, 2025
Abdulrasul, R. v ([2025] EWCA Crim 583) — A Stricter Threshold for Late Criminal Appeals and “Fresh Evidence” Applications Introduction In Abdulrasul, R. v the Court of Appeal (Criminal Division)...
Extended Sentencing for Campaigns of Rape and Dangerousness Clarified: R v McNamara [2025] EWCA Crim 550

Extended Sentencing for Campaigns of Rape and Dangerousness Clarified: R v McNamara [2025] EWCA Crim 550

Date: Apr 4, 2025
Extended Sentencing for Campaigns of Rape and Dangerousness Clarified: R v McNamara [2025] EWCA Crim 550 Introduction The Court of Appeal (Criminal Division) delivered judgment on 3 April 2025 in R v...
Shingleton v R: Military Courts’ Discretion to Impose Immediate Imprisonment for Disciplinary Offences and the Standard of Manifest Excessiveness

Shingleton v R: Military Courts’ Discretion to Impose Immediate Imprisonment for Disciplinary Offences and the Standard of Manifest Excessiveness

Date: Apr 3, 2025
Shingleton v R: Military Courts’ Discretion to Impose Immediate Imprisonment for Disciplinary Offences and the Standard of Manifest Excessiveness Introduction Shingleton, R. v ([2025] EWCA Crim 557)...
Extended Determinate Sentencing of Dangerous Juvenile Manslaughter Offenders under the Sentencing Act 2020

Extended Determinate Sentencing of Dangerous Juvenile Manslaughter Offenders under the Sentencing Act 2020

Date: Apr 3, 2025
Extended Determinate Sentencing of Dangerous Juvenile Manslaughter Offenders under the Sentencing Act 2020 Introduction This commentary reviews the Court of Appeal’s decision in Haroon, R. v [2025]...
R v Carr [2025] EWCA Crim 401: Post‑offence lies as aggravation and the permissibility of ‘cusp’ starting points under the 2023 “causing or allowing a child to die” guideline

R v Carr [2025] EWCA Crim 401: Post‑offence lies as aggravation and the permissibility of ‘cusp’ starting points under the 2023 “causing or allowing a child to die” guideline

Date: Apr 3, 2025
R v Carr [2025] EWCA Crim 401: Post‑offence lies as aggravation and the permissibility of ‘cusp’ starting points under the 2023 “causing or allowing a child to die” guideline Introduction This Court...
R v Odunuga: No Obligation to Direct Manslaughter Where Evidence Precludes Lesser Intent

R v Odunuga: No Obligation to Direct Manslaughter Where Evidence Precludes Lesser Intent

Date: Apr 2, 2025
R v Odunuga: No Obligation to Direct Manslaughter Where Evidence Precludes Lesser Intent Introduction R v Odunuga ([2025] EWCA Crim 532) is a decision of the England and Wales Court of Appeal...
Clarifying Judicial Commentary in Summing-Up: Safety of Conviction in R v Butkus [2025] EWCA Crim 441

Clarifying Judicial Commentary in Summing-Up: Safety of Conviction in R v Butkus [2025] EWCA Crim 441

Date: Apr 2, 2025
Clarifying Judicial Commentary in Summing-Up: Safety of Conviction in R v Butkus [2025] EWCA Crim 441 Introduction R v Butkus ([2025] EWCA Crim 441) concerns the appeal by Mr Vidmantas Butkus, a...
Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R

Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R

Date: Apr 2, 2025
Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R Introduction Miah, R. v ([2025] EWCA Crim 465) is a Court of Appeal (Criminal Division) decision handed down...
Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals: R v Grace [2025] EWCA Crim 580

Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals: R v Grace [2025] EWCA Crim 580

Date: Apr 2, 2025
Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals Introduction R v Grace [2025] EWCA Crim 580 is a landmark Court of Appeal decision dealing with two...
McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988

McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988

Date: Apr 2, 2025
McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988 Introduction This appeal arises from an application by His Majesty’s Solicitor General under section 36 of the Criminal...
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