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  • Commentaries

England and Wales Case Commentaries

“True-or-False” Compliance with Funding Certificates: Kireeva v Zolotova & Anor [2025] EWCA Civ 847

“True-or-False” Compliance with Funding Certificates: Kireeva v Zolotova & Anor [2025] EWCA Civ 847

Date: Jun 13, 2025
“True-or-False” Compliance with Funding Certificates: Kireeva v Zolotova & Anor – A New Strictness in Unless Orders 1. Introduction The Court of Appeal’s decision in Kireeva v Zolotova & Basel...
Promptness Prevails: Surrey CC v BC (2025) – Curtailing the “Continuing Duty” Doctrine and Reinforcing CPR 54.5 in Children-Act Judicial Reviews

Promptness Prevails: Surrey CC v BC (2025) – Curtailing the “Continuing Duty” Doctrine and Reinforcing CPR 54.5 in Children-Act Judicial Reviews

Date: Jun 12, 2025
Promptness Prevails: Surrey CC v BC (2025) – Curtailing the “Continuing Duty” Doctrine and Reinforcing CPR 54.5 in Children-Act Judicial Reviews 1. Introduction In Surrey County Council v BC ([2025]...
“Reason to Believe” and Appellate Deference under CPR 6.9: A Commentary on Carr v Vehicle Control Services Ltd [2025] EWCA Civ 713

“Reason to Believe” and Appellate Deference under CPR 6.9: A Commentary on Carr v Vehicle Control Services Ltd [2025] EWCA Civ 713

Date: Jun 12, 2025
“Reason to Believe” and Appellate Deference under CPR 6.9: A Commentary on Carr v Vehicle Control Services Ltd [2025] EWCA Civ 713 1. Introduction Carr v Vehicle Control Services Ltd (“Carr”)...
R v Harrod [2024] EWCA Crim 819: Fresh Evidence, Alias Attribution, and Extensions of Time in EncroChat Conspiracy Appeals

R v Harrod [2024] EWCA Crim 819: Fresh Evidence, Alias Attribution, and Extensions of Time in EncroChat Conspiracy Appeals

Date: Jun 12, 2025
R v Harrod [2024] EWCA Crim 819: Fresh Evidence, Alias Attribution, and Extensions of Time in EncroChat Conspiracy Appeals Introduction This judgment from the Court of Appeal (Criminal Division)...
Harrod: The Court of Appeal Re-Defines “Fresh Evidence” and Tightens the Gate on Out-of-Time Criminal Appeals

Harrod: The Court of Appeal Re-Defines “Fresh Evidence” and Tightens the Gate on Out-of-Time Criminal Appeals

Date: Jun 12, 2025
Harrod: The Court of Appeal Re-Defines “Fresh Evidence” and Tightens the Gate on Out-of-Time Criminal Appeals Introduction Harrod, R. v ([2025] EWCA Crim 819) is a significant decision of the Court...
Mathurin: Clarification vs Cross-Examination—When Judicial Interventions Render a Conviction Unsafe Despite a Strong Prosecution Case

Mathurin: Clarification vs Cross-Examination—When Judicial Interventions Render a Conviction Unsafe Despite a Strong Prosecution Case

Date: Jun 12, 2025
Mathurin: Clarification vs Cross-Examination—When Judicial Interventions Render a Conviction Unsafe Despite a Strong Prosecution Case Introduction In Mathurin, R. v [2025] EWCA Crim 1254, the Court...
Mandatory Statutory Variation Procedure for Specified Funding under Section 21 of the Infrastructure Act 2015

Mandatory Statutory Variation Procedure for Specified Funding under Section 21 of the Infrastructure Act 2015

Date: Jun 11, 2025
Mandatory Statutory Variation Procedure for Specified Funding under Section 21 of the Infrastructure Act 2015 Introduction Transport Action Network Ltd (“TAN”) challenged the Secretary of State for...
Andrew v FRN: Non-Party Appeal Rights and Procedural Fairness in Section 68 Arbitration Challenges

Andrew v FRN: Non-Party Appeal Rights and Procedural Fairness in Section 68 Arbitration Challenges

Date: Jun 11, 2025
Andrew v The Federal Republic of Nigeria: Non-Party Appeal Rights and Procedural Fairness in Section 68 Arbitration Challenges Introduction This commentary examines the Court of Appeal’s judgment in...
Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15

Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15

Date: Jun 11, 2025
Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15 1. Introduction Jacob (Formerly Oyebola), R. v (Re s.31 Proceeds of Crime Act...
Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts

Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts

Date: Jun 11, 2025
Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts 1. Introduction Cheetham, R. v ([2025] EWCA Crim 804)...
Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases

Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases

Date: Jun 10, 2025
Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases Introduction This appeal arises from the joint sentencing of Jonathan Cassidy (“Cassidy”) and Nasar...
Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa

Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa

Date: Jun 10, 2025
Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa Introduction The Court of Appeal’s decision in Saxon Woods Investments Ltd v Costa (Re Spring Media...
The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent

The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent

Date: Jun 10, 2025
The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent Introduction MH (Bangladesh) v Secretary of State for the Home Department [2025] EWCA Civ...
Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968

Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968

Date: Jun 9, 2025
Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968 Introduction In Wishart v R, the England and Wales Court of Appeal (Criminal Division) dismissed...
Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations

Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations

Date: Jun 9, 2025
Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations Introduction Forbes v Interbay Funding Ltd ([2025] EWCA Civ 690) is a landmark decision of...
Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD

Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD

Date: Jun 9, 2025
Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD Introduction AAZA (a Yemeni national born in 2000, long resident in China but...
Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing

Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing

Date: Jun 7, 2025
Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing Introduction In Barrett, R. v ([2025] EWCA Crim 840) the Court of...
Contextual “Weapon-Accumulation” Bad Character Is Admissible to Rebut Self‑Defence; Circumstantial Joint‑Enterprise Evidence Meets the “Case to Answer” Threshold

Contextual “Weapon-Accumulation” Bad Character Is Admissible to Rebut Self‑Defence; Circumstantial Joint‑Enterprise Evidence Meets the “Case to Answer” Threshold

Date: Jun 7, 2025
Contextual “Weapon-Accumulation” Bad Character Is Admissible to Rebut Self‑Defence; Circumstantial Joint‑Enterprise Evidence Meets the “Case to Answer” Threshold Introduction This commentary examines...
R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed

R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed

Date: Jun 7, 2025
R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed Introduction The Court of Appeal’s decision in Raja & Anor, R. v ([2025] EWCA Crim 948)...
Povall v R – “Not Every Interjection is Intervention”:  The Refined Threshold for Quashing Convictions on the Ground of Judicial Questioning

Povall v R – “Not Every Interjection is Intervention”: The Refined Threshold for Quashing Convictions on the Ground of Judicial Questioning

Date: Jun 6, 2025
“Not Every Interjection is Intervention” – Povall, R. v ([2025] EWCA Crim 802) and the Refined Threshold for Quashing Convictions Owing to Judicial Questioning 1. Introduction In Povall, R. v ([2025]...
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