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  • Commentaries

England and Wales Case Commentaries

Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy

Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy

Date: Feb 19, 2025
Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy Introduction The case of West Sussex County Council v AB & Anor ([2025] EWCA Civ...
Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A

Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A

Date: Feb 19, 2025
Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A Introduction The case of Barone, R. v ([2025] EWCA Crim 125) represents a significant judicial intervention...
Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement

Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement

Date: Feb 19, 2025
Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement Introduction The Judgment in Working on Wellbeing Ltd t/a Optima Health v Secretary of State for Work and...
Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test

Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test

Date: Feb 19, 2025
Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test Introduction The case of A Taxpayer v Commissioners for His Majesty's Revenue and Customs...
The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing

The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing

Date: Feb 19, 2025
The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing Introduction R v GMB (2025] EWCA Crim 414) is an appeal against sentence heard by the England and...
Clarifying Extended Sentence Allocation in Sexual Offence Cases: Commentary on FPK, R. v ([2025] EWCA Crim 237)

Clarifying Extended Sentence Allocation in Sexual Offence Cases: Commentary on FPK, R. v ([2025] EWCA Crim 237)

Date: Feb 15, 2025
Clarifying Extended Sentence Allocation in Sexual Offence Cases Introduction The Judgment in FPK, R. v ([2025] EWCA Crim 237) represents a significant decision by the England and Wales Court of...
R v Paske [2025] EWCA Crim 180: Encrypted Communications as an Aggravating Factor and the Limits of Guilty Plea Credit in EncroChat Conspiracies

R v Paske [2025] EWCA Crim 180: Encrypted Communications as an Aggravating Factor and the Limits of Guilty Plea Credit in EncroChat Conspiracies

Date: Feb 14, 2025
R v Paske [2025] EWCA Crim 180: Encrypted Communications as an Aggravating Factor and the Limits of Guilty Plea Credit in EncroChat Conspiracies Court: England and Wales Court of Appeal (Criminal...
R v Davies [2025] EWCA Crim 179: Sentencing “Offers to Supply” with No Intention to Fulfil — A Real-Harm Approach under s60 Sentencing Act 2020

R v Davies [2025] EWCA Crim 179: Sentencing “Offers to Supply” with No Intention to Fulfil — A Real-Harm Approach under s60 Sentencing Act 2020

Date: Feb 14, 2025
R v Davies [2025] EWCA Crim 179: Sentencing “Offers to Supply” with No Intention to Fulfil — A Real-Harm Approach under s60 Sentencing Act 2020 Court: Court of Appeal (Criminal Division) — Lord...
Scaling Beyond the Guidelines: Court of Appeal Clarifies Uplifts for Mega-Scale Drug Conspiracies – Commentary on Blower & Ors, R. v [2025] EWCA Crim 747

Scaling Beyond the Guidelines: Court of Appeal Clarifies Uplifts for Mega-Scale Drug Conspiracies – Commentary on Blower & Ors, R. v [2025] EWCA Crim 747

Date: Feb 14, 2025
Scaling Beyond the Guidelines: Court of Appeal Clarifies Uplifts for Mega-Scale Drug Conspiracies Commentary on Blower & Ors, R. v [2025] EWCA Crim 747 Introduction The decision of the Court of...
Issue Estoppel and State Immunity: Recognizing Foreign Decisions under the State Immunity Act 1978

Issue Estoppel and State Immunity: Recognizing Foreign Decisions under the State Immunity Act 1978

Date: Feb 13, 2025
Issue Estoppel and State Immunity: Recognizing Foreign Decisions under the State Immunity Act 1978 Introduction This commentary addresses the Court of Appeal’s decision in Hulley Enterprises Ltd &...
Hughes v HM Revenue & Customs & Anor (2025): Clarifying “Reasonable and Probable Cause” and Limits on Public Office Misfeasance

Hughes v HM Revenue & Customs & Anor (2025): Clarifying “Reasonable and Probable Cause” and Limits on Public Office Misfeasance

Date: Feb 13, 2025
Hughes v HM Revenue & Customs & Anor (2025): Clarifying “Reasonable and Probable Cause” and Limits on Public Office Misfeasance 1. Introduction The Judgment in Hughes v HM Revenue & Customs & Anor...
“Proportionality and ‘Separability’ in Dismissals for Manifesting Religious or Philosophical Beliefs”: A Commentary on Higgs v Farmor's School ([2025] EWCA Civ 109)

“Proportionality and ‘Separability’ in Dismissals for Manifesting Religious or Philosophical Beliefs”: A Commentary on Higgs v Farmor's School ([2025] EWCA Civ 109)

Date: Feb 13, 2025
“Proportionality and ‘Separability’ in Dismissals for Manifesting Religious or Philosophical Beliefs”: A Commentary on Higgs v Farmor's School ([2025] EWCA Civ 109) 1. Introduction This commentary...
Affirming the Power to Vary Final Anti-Suit Injunctions under CPR Part 3.1(7): Unicredit Bank GmbH v Ruschemalliance LLC ([2025] EWCA Civ 99)

Affirming the Power to Vary Final Anti-Suit Injunctions under CPR Part 3.1(7): Unicredit Bank GmbH v Ruschemalliance LLC ([2025] EWCA Civ 99)

Date: Feb 13, 2025
Affirming the Power to Vary Final Anti-Suit Injunctions under CPR Part 3.1(7): Unicredit Bank GmbH v Ruschemalliance LLC ([2025] EWCA Civ 99) Introduction The case of UniCredit Bank GmbH v...
Central Role in Conspiracy: Establishing the Weight of Aggressive Conduct in Sentencing

Central Role in Conspiracy: Establishing the Weight of Aggressive Conduct in Sentencing

Date: Feb 12, 2025
Central Role in Conspiracy: Establishing the Weight of Aggressive Conduct in Sentencing Introduction This commentary examines the recent judgment in the case of Steven, R. v ([2025] EWCA Crim 154)...
R v BQL & AKO: The Court of Appeal Re-states the Capacity Test and Tightens the Galbraith Gatekeeping Function in Alcohol-Related Sexual Offence Trials

R v BQL & AKO: The Court of Appeal Re-states the Capacity Test and Tightens the Galbraith Gatekeeping Function in Alcohol-Related Sexual Offence Trials

Date: Feb 12, 2025
R v BQL & AKO: The Court of Appeal Re-states the Capacity Test and Tightens the Galbraith Gatekeeping Function in Alcohol-Related Sexual Offence Trials 1. Introduction In BQL & Anor, R. v ([2025]...
Gaiziunas v R – When a Quashed Conviction Used as Bad-Character Evidence Does NOT Undermine Subsequent Verdicts

Gaiziunas v R – When a Quashed Conviction Used as Bad-Character Evidence Does NOT Undermine Subsequent Verdicts

Date: Feb 12, 2025
Gaiziunas v R – When a Quashed Conviction Used as Bad-Character Evidence Does NOT Undermine Subsequent Verdicts Introduction In Gaiziunas, R. v ([2025] EWCA Crim 541) the Court of Appeal (Criminal...
Judicial Clarification on Balancing Aggravating and Mitigating Factors in Domestic Homicide Cases

Judicial Clarification on Balancing Aggravating and Mitigating Factors in Domestic Homicide Cases

Date: Feb 12, 2025
Judicial Clarification on Balancing Aggravating and Mitigating Factors in Domestic Homicide Cases Introduction The Judgment in Crook, R. v ([2025] EWCA Crim 156) issued by the England and Wales Court...
Taktouk v R: Clarifying the Admissibility of Fresh Evidence in Confiscation Appeals

Taktouk v R: Clarifying the Admissibility of Fresh Evidence in Confiscation Appeals

Date: Feb 10, 2025
Taktouk v R: Clarifying the Admissibility of Fresh Evidence in Confiscation Appeals Introduction The case of Taktouk v R. ([2025] EWCA Crim 71) revolves around the appellant, who was convicted in a...
Comprehensive Risk Assessment in Child Welfare: Analysis of T (Children: Risk Assessment) [2025] EWCA Civ 93

Comprehensive Risk Assessment in Child Welfare: Analysis of T (Children: Risk Assessment) [2025] EWCA Civ 93

Date: Feb 10, 2025
Comprehensive Risk Assessment in Child Welfare: Analysis of T (Children: Risk Assessment) [2025] EWCA Civ 93 Introduction The case of T (Children: Risk Assessment) [2025] EWCA Civ 93 revolves around...
Judicial Review of Housing Authority Decisions: The Necessity of Exhausting Alternative Remedies - Analysis of Bano v London Borough of Waltham Forest [2025] EWCA Civ 92

Judicial Review of Housing Authority Decisions: The Necessity of Exhausting Alternative Remedies - Analysis of Bano v London Borough of Waltham Forest [2025] EWCA Civ 92

Date: Feb 10, 2025
Judicial Review of Housing Authority Decisions: The Necessity of Exhausting Alternative Remedies - Analysis of Bano v London Borough of Waltham Forest [2025] EWCA Civ 92 Introduction Bano, R (On the...
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