Commentaries

England and Wales Case Commentaries

No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 — Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347

Date: Oct 24, 2025

No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 Commentary on Bellway Homes...

Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed

Date: Oct 24, 2025

Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed Introduction In Babek International Ltd v Iceland...

R v Madaweni [2025] EWCA Crim 1427: Fresh psychiatric evidence on appeal—diminished responsibility requires a causal explanation; mental disorder may still mitigate on sentence

Date: Oct 24, 2025

R v Madaweni [2025] EWCA Crim 1427: Fresh psychiatric evidence on appeal—diminished responsibility requires a causal explanation; mental disorder may still mitigate on sentence Court: England and...

R v WCU [2025] EWCA Crim 1414: Reaffirming the “exceptional” threshold for 30+ year sentences, tightening late guilty plea credit, and correcting the use of Special Custodial Sentences alongside Extended Sentences

Date: Oct 23, 2025

R v WCU [2025] EWCA Crim 1414: Reaffirming the “exceptional” threshold for 30+ year sentences, tightening late guilty plea credit, and correcting the use of Special Custodial Sentences alongside...

CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders

Date: Oct 22, 2025

CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders Introduction This commentary examines the England and Wales Court of...

School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified in SAG v Governing Body of Winchmore School [2025] EWCA Civ 1335

Date: Oct 22, 2025

School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified Case: SAG, R (On the...

Onuzi v SSHD: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to naturalisation

Date: Oct 22, 2025

Onuzi v Secretary of State for the Home Department [2025] EWCA Civ 1337: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to...

Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme

Date: Oct 22, 2025

Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme...

JK [2025] EWCA Civ 1309 — Local authorities may use the parens patriae jurisdiction to secure a British child’s return from a non‑Contracting State notwithstanding an intention to issue care proceedings (Re M “sufficiently compelling” test affirmed; FLA 1986 largely irrelevant)

Date: Oct 22, 2025

JK [2025] EWCA Civ 1309: Local authorities can secure a British child’s return under the inherent jurisdiction even where care proceedings are intended; Family Law Act 1986 largely irrelevant to...

Late Quantum-Phase Amendments and Litigation Holds: The Court of Appeal’s Four‑Stage Prejudice Analysis in ENRC v Dechert & SFO

Date: Oct 22, 2025

Late Quantum-Phase Amendments and Litigation Holds: The Court of Appeal’s Four‑Stage Prejudice Analysis in ENRC v Dechert & SFO Introduction This commentary examines the Court of Appeal’s judgment in...

Bradley v Abacus: Court of Appeal confines s.27A review to the “no reasonable landlord” test and clarifies the two‑stage allocation of service charge items

Date: Oct 22, 2025

Bradley v Abacus: Court of Appeal confines s.27A review to the “no reasonable landlord” test and clarifies the two‑stage allocation of service charge items Introduction This Court of Appeal decision...

Blake & Ors v Fox: Court of Appeal reasserts Dingle for serious-harm causation, adopts “material contribution” for specific losses, and clarifies mitigation and media republication in libel

Date: Oct 22, 2025

Blake & Ors v Fox: Court of Appeal reasserts Dingle for serious-harm causation, adopts “material contribution” for specific losses, and clarifies mitigation and media republication in libel...

Ammori v SSHD: Deproscription/POAC is not an alternative to judicial review of an initial proscription; and respondents must meet CPR 52.8’s seven‑day limit when seeking permission to appeal refused JR grounds

Date: Oct 22, 2025

New Principle: Initial Proscription Orders Are Directly Reviewable in the Administrative Court; Deproscription/POAC is not an available or adequate alternative remedy. CPR 52.8’s seven‑day time limit...

R v UCS [2025] EWCA Crim 1411: Half‑Release Confirmed for SOA 2003 s9/s10 and Robust Totality via Lead‑Count Uplift in Multi‑Incident Child Sexual Abuse

Date: Oct 22, 2025

R v UCS [2025] EWCA Crim 1411: Half‑Release Confirmed for SOA 2003 s9/s10 and Robust Totality via Lead‑Count Uplift in Multi‑Incident Child Sexual Abuse Introduction This Court of Appeal (Criminal...

R v Plumb [2025] EWCA Crim 1461: Attempted Murder Guideline may be used as a sentencing yardstick for soliciting/encouraging grave offences; no requirement to address Extended Determinate Sentences before imposing life where dangerousness and seriousness are satisfied

Date: Oct 22, 2025

R v Plumb [2025] EWCA Crim 1461: Attempted Murder Guideline may be used as a sentencing yardstick for soliciting/encouraging grave offences; no requirement to address Extended Determinate Sentences...

Footwear as “Other Weapon” under Schedule 21: Fairness Prerequisite for Applying the 25‑Year Starting Point (Smith, R v [2025] EWCA Crim 1421)

Date: Oct 18, 2025

Footwear as “Other Weapon” under Schedule 21: Fairness Prerequisite for Applying the 25‑Year Starting Point Case: Smith, R. v — [2025] EWCA Crim 1421 Court: England and Wales Court of Appeal...

Co-defendant Bad Character Evidence under s.101(1)(e) CJA 2003: When School CRIS Reports and Social Media Messages Supply “Substantial Probative Value” and the Required Jury Directions if Allegations Are Not Proved — R v Al‑Shumari [2025] EWCA Crim 1317

Date: Oct 17, 2025

Co-defendant Bad Character Evidence under s.101(1)(e) CJA 2003: When School CRIS Reports and Social Media Messages Supply “Substantial Probative Value” and the Required Jury Directions if Allegations...

Open justice prevails over speculative harm in criminal appeals: Hartwell [2025] EWCA Crim 1450

Date: Oct 17, 2025

Open justice prevails over speculative harm in criminal appeals: Hartwell [2025] EWCA Crim 1450 Introduction This commentary examines the Court of Appeal (Criminal Division)’s decision in Hartwell,...

R v Mwila [2025] EWCA Crim 1425: Totality over Tallying — A Holistic Appellate Approach to Concurrent Sentences for Fatal and Serious-Injury Dangerous Driving, with No Requirement to Quantify Individual Adjustments

Date: Oct 17, 2025

R v Mwila [2025] EWCA Crim 1425: Totality over Tallying — A Holistic Appellate Approach to Concurrent Sentences for Fatal and Serious-Injury Dangerous Driving, with No Requirement to Quantify...

Sladden [2025] EWCA Crim 1410: High Threshold for Unduly Lenient Sentence References and Permissibility of Suspension in Category A1 Coercive Control Cases (Including Strangulation)

Date: Oct 17, 2025

Sladden [2025] EWCA Crim 1410: High Threshold for Unduly Lenient Sentence References and Permissibility of Suspension in Category A1 Coercive Control Cases (Including Strangulation) Introduction This...

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