England and Wales Case Commentaries

Rigorous Standards for Fresh Evidence in Criminal Appeals: An Analysis of BTT v. R ([2021] EWCA Crim 4)

Date: Jan 8, 2021

Rigorous Standards for Fresh Evidence in Criminal Appeals: An Analysis of BTT v. R ([2021] EWCA Crim 4) Introduction The case of BTT v. R ([2021] EWCA Crim 4) addressed significant issues surrounding...

Ikram v. Secretary of State: Establishing Standards for Planning Permission Conditions and Unilateral Undertakings

Date: Jan 7, 2021

Ikram v. Secretary of State: Establishing Standards for Planning Permission Conditions and Unilateral Undertakings Introduction The case of Ikram v. Secretary of State for Housing, Communities and...

Extinguishment of Statutory Trusts in Land Disposal: Commentary on Day v Shropshire Council [2020] EWCA Civ 1751

Date: Dec 24, 2020

Extinguishment of Statutory Trusts in Land Disposal: Commentary on Day v Shropshire Council [2020] EWCA Civ 1751 Introduction The case of Day, R (On the Application Of) v. Shropshire Council [2020]...

Best Interests in Life-Sustaining Treatment: Insights from JB v University Hospitals Plymouth NHS Trust & Anor [2020] EWCA Civ 1772

Date: Dec 24, 2020

Best Interests in Life-Sustaining Treatment: Insights from JB v University Hospitals Plymouth NHS Trust & Anor [2020] EWCA Civ 1772 Introduction The case of JB v University Hospitals Plymouth NHS...

MN v. The Secretary of State for the Home Department: Establishing New Precedents in Human Trafficking Identification

Date: Dec 22, 2020

MN v. The Secretary of State for the Home Department: Establishing New Precedents in Human Trafficking Identification Introduction In the landmark case of MN v. The Secretary of State for the Home...

Clarifying Bilingual Statutory Interpretation in Education Reorganization: R (On the Application Of) v. Rhondda Cynon Taf County Borough Council

Date: Dec 22, 2020

Clarifying Bilingual Statutory Interpretation in Education Reorganization: R (On the Application Of) v. Rhondda Cynon Taf County Borough Council Introduction The case of Driver, R (On the Application...

Extension of Prior Approval Deadlines under Article 7(c) GPDO 2015: Gluck v. Secretary of State for Housing, Communities And Local Government & Anor

Date: Dec 22, 2020

Extension of Prior Approval Deadlines under Article 7(c) GPDO 2015: Gluck v. Secretary of State for Housing, Communities And Local Government & Anor Introduction The case of Gluck v. Secretary of...

Kuwait Oil Company v. Al-Tarkait: Jurisdictional Limits on Costs Awards in Employment Tribunals

Date: Dec 22, 2020

Kuwait Oil Company v. Al-Tarkait: Jurisdictional Limits on Costs Awards in Employment Tribunals Introduction The case of Kuwait Oil Company v. Al-Tarkait ([2020] EWCA Civ 1752) presents a pivotal...

Expanding the Scope of Article 31(2) Brussels Recast to Asymmetric Jurisdiction Clauses: Etihad Airways v. Flother

Date: Dec 19, 2020

Expanding the Scope of Article 31(2) Brussels Recast to Asymmetric Jurisdiction Clauses: Etihad Airways v. Flother Introduction The case of Etihad Airways PJSC v. Flother ([2020] EWCA Civ 1707)...

Clarification on Knowledge Requirement under s.5(5) Protection from Harassment Act 1997: Damji v Court of Appeal

Date: Dec 19, 2020

Clarification on Knowledge Requirement under s.5(5) Protection from Harassment Act 1997: Damji v Court of Appeal Introduction In the case of Damji, R. v ([2020] EWCA Crim 1774), the appellant, Farah...

Shahzad v. Mazher & Anor: Decree Absolute Unimpeachable Unless Procedural Irregularities Occur

Date: Dec 19, 2020

Shahzad v. Mazher & Anor: Decree Absolute Unimpeachable Unless Procedural Irregularities Occur Introduction Shahzad v. Mazher & Anor ([2020] EWCA Civ 1740) is a pivotal case adjudicated by the...

Procedural Safeguards in Interim Care Orders: Insights from Z (Interim Care Order) (Rev 1) [2020] EWCA Civ 1755

Date: Dec 19, 2020

Procedural Safeguards in Interim Care Orders: Insights from Z (Interim Care Order) (Rev 1) [2020] EWCA Civ 1755 Introduction The appellate case of Z (Interim Care Order) (Rev 1) [2020] EWCA Civ 1755...

RS v. London Borough of Brent: Affirming Cost Awards in Administrative Law

Date: Dec 19, 2020

RS v. London Borough of Brent: Affirming Cost Awards in Administrative Law Introduction The case RS, R (On the Application Of) v. London Borough of Brent ([2020] EWCA Civ 1711) presents a significant...

Establishing Reasonable Duty of Care for Hotels in Protecting Guests from Third-Party Criminal Acts

Date: Dec 19, 2020

Establishing Reasonable Duty of Care for Hotels in Protecting Guests from Third-Party Criminal Acts Introduction The case of Al-Najar & Ors v. The Cumberland Hotel (London) Ltd ([2020] EWCA Civ 1716)...

Court of Appeal Upholds HMRC's Loan Charge Scheme as Proportionate

Date: Dec 19, 2020

Court of Appeal Upholds HMRC's Loan Charge Scheme as Proportionate Introduction The case of Cartref Care Home Ltd & Ors v. HM Revenue and Customs ([2020] EWCA Civ 1744) addresses the legality of...

Rowlett, R v [2020] EWCA Crim 1748: Establishing Jurisdictional Boundaries in the Transition from SOPO to SHPO

Date: Dec 19, 2020

Rowlett, R v [2020] EWCA Crim 1748: Establishing Jurisdictional Boundaries in the Transition from SOPO to SHPO Introduction The case of Rowlett, R v [2020] EWCA Crim 1748 presents a significant...

M (Children) v. Wiltshire Council: Redefining Threshold Criteria in Care Proceedings

Date: Dec 19, 2020

M (Children) v. Wiltshire Council: Redefining Threshold Criteria in Care Proceedings Introduction The case M (Children) v. Wiltshire Council & Ors ([2020] EWCA Civ 1717) represents a pivotal moment...

Unlawful Direct Discrimination on Nationality Grounds in Social Security Benefits: Fratila & Tanase v. SSWP

Date: Dec 19, 2020

Unlawful Direct Discrimination on Nationality Grounds in Social Security Benefits: Fratila & Tanase v. Secretary of State for Work and Pensions Introduction The case of Fratila & Anor v. Secretary of...

Affirmation of Joint Liability in Confiscation Orders under POCA: Nawaz v R [2020] EWCA Crim 1715

Date: Dec 19, 2020

Affirmation of Joint Liability in Confiscation Orders under POCA: Nawaz v R [2020] EWCA Crim 1715 Introduction The case of Nawaz, R. v ([2020] EWCA Crim 1715) was adjudicated by the England and Wales...

Clarifying Totality and Plea Discounts in Sentencing: Insights from Bailey & Ors, R v [2020] EWCA Crim 1719

Date: Dec 19, 2020

Clarifying Totality and Plea Discounts in Sentencing: Insights from Bailey & Ors, R v [2020] EWCA Crim 1719 Introduction The case of Bailey & Ors, R v ([2020] EWCA Crim 1719) presents a critical...