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  • Commentaries

England and Wales Case Commentaries

Clarifying Document Compliance and Time Extensions in Employment Appeals: The New Paradigm in Davies v BMW (UK) Manufacturing Ltd

Clarifying Document Compliance and Time Extensions in Employment Appeals: The New Paradigm in Davies v BMW (UK) Manufacturing Ltd

Date: Apr 1, 2025
Clarifying Document Compliance and Time Extensions in Employment Appeals: The New Paradigm in Davies v BMW (UK) Manufacturing Ltd Introduction The case of Davies v BMW (UK) Manufacturing Ltd ([2025]...
Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying

Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying

Date: Mar 31, 2025
Clarifying the Limits of Exceptional Assurance: Distinguishing Regularised from Unregularised Overstaying Introduction The case of Seerangan v Secretary of State for the Home Department ([2025] EWCA...
Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes

Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes

Date: Mar 31, 2025
Declaratory Relief as a Proactive Enforcement Mechanism in Cross-Border Trademark Disputes Introduction The case of Merck KGaA v Merck Sharp & Dohme LLC & Anor ([2025] EWCA Civ 343) represents a...
Clarifying the Limits of “Pending Appeal” in Deportation Orders

Clarifying the Limits of “Pending Appeal” in Deportation Orders

Date: Mar 31, 2025
Clarifying the Limits of “Pending Appeal” in Deportation Orders Introduction The case of Geddes, R (On the Application Of) v Secretary of State for the Home Department ([2025] EWCA Civ 353) presents...
New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases

New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases

Date: Mar 31, 2025
New Precedent on Weighing Fomite Transmission vs. Sexual Abuse Evidence in Child Infection Cases Introduction The present judgment, delivered on March 28, 2025, by the England and Wales Court of...
Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355)

Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355)

Date: Mar 31, 2025
Balancing Act: Family Life, Precariousness, and Immigration Control in Arshad v Secretary of State for the Home Department ([2025] EWCA Civ 355) Introduction The judgment in Arshad v Secretary of...
Multi-Strand Circumstantial Evidence and the Safety of Conviction: Almallah v R [2025] EWCA Crim 433

Multi-Strand Circumstantial Evidence and the Safety of Conviction: Almallah v R [2025] EWCA Crim 433

Date: Mar 29, 2025
Multi-Strand Circumstantial Evidence and the Safety of Conviction: Almallah v R [2025] EWCA Crim 433 Introduction Almallah v R ([2025] EWCA Crim 433) is a pivotal decision of the England and Wales...
Green v R ([2025] EWCA Crim 462): Suspension of Custodial Sentences to Prioritize Rehabilitation in Category B2 Sexual Offending

Green v R ([2025] EWCA Crim 462): Suspension of Custodial Sentences to Prioritize Rehabilitation in Category B2 Sexual Offending

Date: Mar 29, 2025
Green v R ([2025] EWCA Crim 462): Suspension of Custodial Sentences to Prioritize Rehabilitation in Category B2 Sexual Offending Introduction This case arises from the appeal by Mr Green (“the...
Balancing Deterrence and Individualised Sentencing for Youth Offenders: Clarifying the Role of Section 250 and Totality in R v Martin [2025] EWCA Crim 494

Balancing Deterrence and Individualised Sentencing for Youth Offenders: Clarifying the Role of Section 250 and Totality in R v Martin [2025] EWCA Crim 494

Date: Mar 29, 2025
Balancing Deterrence and Individualised Sentencing for Youth Offenders: Clarifying the Role of Section 250 and Totality in R v Martin [2025] EWCA Crim 494 Introduction R v Martin [2025] EWCA Crim 494...
Clarifying Custodial Sentencing for Young Offenders and Totality Principles in Multiple Offences

Clarifying Custodial Sentencing for Young Offenders and Totality Principles in Multiple Offences

Date: Mar 29, 2025
Clarifying Custodial Sentencing for Young Offenders and Totality Principles in Multiple Offences 1. Introduction This commentary examines the Court of Appeal’s decision in BNE & Anor, R. v ([2025]...
A New Precedent on Adjustments for Delay in Sentencing: The Sked & Ors R. v ([2025] EWCA Crim 351) Judgment

A New Precedent on Adjustments for Delay in Sentencing: The Sked & Ors R. v ([2025] EWCA Crim 351) Judgment

Date: Mar 28, 2025
A New Precedent on Adjustments for Delay in Sentencing: The Sked & Ors R. v ([2025] EWCA Crim 351) Judgment Introduction The Court of Appeal’s recent decision in Sked & Ors, R. v ([2025] EWCA Crim...
The Timing Principle in Immigration Detention: Lawful Examination Versus Unlawful Post-Examination Detention

The Timing Principle in Immigration Detention: Lawful Examination Versus Unlawful Post-Examination Detention

Date: Mar 28, 2025
The Timing Principle in Immigration Detention: Lawful Examination Versus Unlawful Post-Examination Detention Introduction The judgment in Tazeem, R (On the Application Of) v Secretary of State for...
Dunning v R: Affirmation of the False-Trail Doctrine in Assisting an Offender under s.4 CLA 1967

Dunning v R: Affirmation of the False-Trail Doctrine in Assisting an Offender under s.4 CLA 1967

Date: Mar 28, 2025
Dunning v R: Affirmation of the False-Trail Doctrine in Assisting an Offender under s.4 CLA 1967 Introduction Dunning, R. v [2025] EWCA Crim 464 is a decision of the England and Wales Court of Appeal...
Clarifying the Totality Principle in Sentencing Multiple Deaths by Careless Driving

Clarifying the Totality Principle in Sentencing Multiple Deaths by Careless Driving

Date: Mar 28, 2025
Clarifying the Totality Principle in Sentencing Multiple Deaths by Careless Driving Introduction In Burdett, R. v [2025] EWCA Crim 487, the England and Wales Court of Appeal (Criminal Division)...
Mirza v R [2025] EWCA Crim 482: Reinforcing the Principle of Discouraging Unmeritorious Criminal Appeals

Mirza v R [2025] EWCA Crim 482: Reinforcing the Principle of Discouraging Unmeritorious Criminal Appeals

Date: Mar 28, 2025
Mirza v R [2025] EWCA Crim 482: Reinforcing the Principle of Discouraging Unmeritorious Criminal Appeals Introduction In Mirza, R. v ([2025] EWCA Crim 482), the Court of Appeal (Criminal Division)...
Deliberate Excessive Speed and Category A Sentencing: New Guideline Application in Akbar v R [2025] EWCA Crim 461

Deliberate Excessive Speed and Category A Sentencing: New Guideline Application in Akbar v R [2025] EWCA Crim 461

Date: Mar 28, 2025
Deliberate Excessive Speed and Category A Sentencing: New Guideline Application in Akbar v R [2025] EWCA Crim 461 Introduction Akbar v R ([2025] EWCA Crim 461) is a Court of Appeal decision...
Mirza v R: Upholding Stringent Merit and Timeliness Standards for Criminal Appeal Extensions and Cost Sanctions

Mirza v R: Upholding Stringent Merit and Timeliness Standards for Criminal Appeal Extensions and Cost Sanctions

Date: Mar 28, 2025
Mirza v R: Upholding Stringent Merit and Timeliness Standards for Criminal Appeal Extensions and Cost Sanctions 1. Introduction In the Court of Appeal (Criminal Division) decision Mirza, R. v [2025]...
Clarification of Categories and Extended Sentencing for Attempted Murder under the Sentencing Act 2020: Popescu v R [2025] EWCA Crim 567

Clarification of Categories and Extended Sentencing for Attempted Murder under the Sentencing Act 2020: Popescu v R [2025] EWCA Crim 567

Date: Mar 28, 2025
Clarification of Categories and Extended Sentencing for Attempted Murder under the Sentencing Act 2020 Introduction This commentary examines the Court of Appeal decision in Popescu, R. v (EWCA Crim...
Establishing Rigorous Standards for Evaluating Witness Credibility and Retraction Reliability in Criminal Appeals – The Calvert Precedent

Establishing Rigorous Standards for Evaluating Witness Credibility and Retraction Reliability in Criminal Appeals – The Calvert Precedent

Date: Mar 27, 2025
Establishing Rigorous Standards for Evaluating Witness Credibility and Retraction Reliability in Criminal Appeals – The Calvert Precedent Introduction The case of Calvert, R. v ([2025] EWCA Crim 345)...
New Precedent on Compassionate Release: Reassessing Governors’ Delegated Authority under the ERCG Policy

New Precedent on Compassionate Release: Reassessing Governors’ Delegated Authority under the ERCG Policy

Date: Mar 27, 2025
New Precedent on Compassionate Release: Reassessing Governors’ Delegated Authority under the ERCG Policy Introduction In Neophytou, R (On the Application Of) v Governor of HMP Berwyn & Anor ([2025]...
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