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  • Commentaries

England and Wales Case Commentaries

Extension of VAT Deregistration Power to Facilitators of Fraud under the Kittel-Ablessio Abuse Principle

Extension of VAT Deregistration Power to Facilitators of Fraud under the Kittel-Ablessio Abuse Principle

Date: May 17, 2025
Extension of VAT Deregistration Power to Facilitators of Fraud under the Kittel-Ablessio Abuse Principle Introduction This case, Impact Contracting Solutions Ltd v Revenue and Customs ([2025] EWCA...
Reaffirming the Holistic Sentencing Approach: Rejecting Quasi-Mathematical Analysis in Unduly Lenient References — Commentary on R v Vickers [2025] EWCA Crim 740

Reaffirming the Holistic Sentencing Approach: Rejecting Quasi-Mathematical Analysis in Unduly Lenient References — Commentary on R v Vickers [2025] EWCA Crim 740

Date: May 16, 2025
Reaffirming the Holistic Sentencing Approach: Rejecting Quasi-Mathematical Analysis in Unduly Lenient References — Commentary on R v Vickers [2025] EWCA Crim 740 1. Introduction The Court of Appeal...
No Unreasoned Totality Reductions & the Duty to Weight Lead Counts: A Commentary on R v Crewe [2025] EWCA Crim 741

No Unreasoned Totality Reductions & the Duty to Weight Lead Counts: A Commentary on R v Crewe [2025] EWCA Crim 741

Date: May 16, 2025
No Unreasoned Totality Reductions & the Duty to Weight Lead Counts: The Crewe Principle from R v Crewe [2025] EWCA Crim 741 1. Introduction R v Crewe ([2025] EWCA Crim 741) is a Sentence Reference...
Robinson v R – A New Emphasis on Corroborated Excuses and Material Relevance in Late Criminal Appeals

Robinson v R – A New Emphasis on Corroborated Excuses and Material Relevance in Late Criminal Appeals

Date: May 16, 2025
Robinson v R – A New Emphasis on Corroborated Excuses and Material Relevance in Late Criminal Appeals Introduction In Robinson, R. v ([2025] EWCA Crim 689) the Court of Appeal (Criminal Division) was...
The “James Departure”: Judicial Scope to Exceed Guideline Ranges in Serial Assault-by-Penetration Cases

The “James Departure”: Judicial Scope to Exceed Guideline Ranges in Serial Assault-by-Penetration Cases

Date: May 16, 2025
The “James Departure”: Judicial Scope to Exceed Guideline Ranges in Serial Assault-by-Penetration Cases Introduction James, R. v ([2025] EWCA Crim 808) is a Court of Appeal (Criminal Division)...
Guidance on Fresh Evidence Admission and Category A2 Sentencing: Zhang v R [2025] EWCA Crim 639

Guidance on Fresh Evidence Admission and Category A2 Sentencing: Zhang v R [2025] EWCA Crim 639

Date: May 16, 2025
Guidance on Fresh Evidence Admission and Category A2 Sentencing: Zhang v R [2025] EWCA Crim 639 Introduction In Zhang, R. v ([2025] EWCA Crim 639), the Court of Appeal (Criminal Division) addressed...
Ross Clarifies Category-1 Harm for Inchoate Firearm Conspiracies Connected to Large-Scale Drug Enterprises

Ross Clarifies Category-1 Harm for Inchoate Firearm Conspiracies Connected to Large-Scale Drug Enterprises

Date: May 16, 2025
Ross Clarifies Category-1 Harm for Inchoate Firearm Conspiracies Connected to Large-Scale Drug Enterprises Introduction Ross, R. v ([2025] EWCA Crim 691) is a decision of the Court of Appeal...
The BXQ Framework: Clarifying Joint-Enterprise Liability for Continuing Assaults After Initial Grievous Injury

The BXQ Framework: Clarifying Joint-Enterprise Liability for Continuing Assaults After Initial Grievous Injury

Date: May 15, 2025
The BXQ Framework: Clarifying Joint-Enterprise Liability for Continuing Assaults After Initial Grievous Injury 1. Introduction The Court of Appeal (Criminal Division) decision in R v BXQ ([2025] EWCA...
The Continuity of IPEC Cost Caps and Security for Costs on Appeal: Establishing Commensurate Limits to Facilitate SME Access to Justice

The Continuity of IPEC Cost Caps and Security for Costs on Appeal: Establishing Commensurate Limits to Facilitate SME Access to Justice

Date: May 15, 2025
The Continuity of IPEC Cost Caps and Security for Costs on Appeal: Establishing Commensurate Limits to Facilitate SME Access to Justice Introduction This commentary examines the Court of Appeal’s...
Environmental Purpose Requirement for National Law under Article 9(3) of the Aarhus Convention

Environmental Purpose Requirement for National Law under Article 9(3) of the Aarhus Convention

Date: May 14, 2025
Environmental Purpose Requirement for National Law under Article 9(3) of the Aarhus Convention 1. Introduction This commentary examines the England & Wales Court of Appeal’s decision in HM Treasury &...
Requirement for Detailed Reasoning in Credibility Assessments Under the Lower Standard of Proof in Asylum Claims

Requirement for Detailed Reasoning in Credibility Assessments Under the Lower Standard of Proof in Asylum Claims

Date: May 14, 2025
Requirement for Detailed Reasoning in Credibility Assessments Under the Lower Standard of Proof in Asylum Claims Introduction QY (Vietnam) v Secretary of State for the Home Department [2025] EWCA Civ...
“Extreme Youth Equals Category 1 Harm” – Edun v R and the Re-Calibration of Sentencing for Inchoate Child-Sex Offences

“Extreme Youth Equals Category 1 Harm” – Edun v R and the Re-Calibration of Sentencing for Inchoate Child-Sex Offences

Date: May 14, 2025
“Extreme Youth Equals Category 1 Harm” – Edun v R and the Re-Calibration of Sentencing for Inchoate Child-Sex Offences Introduction Edun, R. v ([2025] EWCA Crim 735) is a seminal Court of Appeal...
Section 234 Insolvency Act 1986: Exclusion of Mortgaged Land with Appointed Receivers from Administrators’ Possession Orders

Section 234 Insolvency Act 1986: Exclusion of Mortgaged Land with Appointed Receivers from Administrators’ Possession Orders

Date: May 14, 2025
Section 234 Insolvency Act 1986: Exclusion of Mortgaged Land with Appointed Receivers from Administrators’ Possession Orders Introduction In Carvill-Biggs & Anor v Reading [2025] EWCA Civ 619, the...
The “Unknown Male DNA” Rule: Post‑conviction DNA identifying a non‑defendant donor in a sexual homicide renders a historic conviction unsafe — Commentary on Sullivan, R v [2025] EWCA Crim 772

The “Unknown Male DNA” Rule: Post‑conviction DNA identifying a non‑defendant donor in a sexual homicide renders a historic conviction unsafe — Commentary on Sullivan, R v [2025] EWCA Crim 772

Date: May 14, 2025
The “Unknown Male DNA” Rule: Post‑conviction DNA identifying a non‑defendant donor in a sexual homicide renders a historic conviction unsafe Introduction This commentary examines the Court of...
Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases

Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases

Date: May 14, 2025
Ahmed & Others: Court of Appeal Clarifies Up-Rating of Category 2B Rape Sentences and Aggregate Harm in Multi-Offender Child Exploitation Cases Introduction In Ahmed & Ors, R v ([2025] EWCA Crim 732)...
Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge

Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge

Date: May 14, 2025
Formal Rigour and Pleading Requirements in Visa Refusal Judicial Reviews: Notice Obligations for New Grounds of Challenge Introduction Bibi, R (On the Application Of) v Secretary of State for the...
Clarifying Harm Categories for Low-Level Child Sexual Activity: BZG & Anor [2025] EWCA Crim 598

Clarifying Harm Categories for Low-Level Child Sexual Activity: BZG & Anor [2025] EWCA Crim 598

Date: May 10, 2025
Clarifying Harm Categories for Low-Level Child Sexual Activity Introduction The appeal in R v BZG & ARY [2025] EWCA Crim 598 arises from an Attorney General referral under section 36 of the Criminal...
Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors

Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors

Date: May 10, 2025
Oral Secret Trusts and the Realistic Prospect Test: Lorenz v Caruana & Ors Introduction Lorenz v Caruana & Ors ([2025] EWCA Civ 606) is a Court of Appeal decision concerning the viability of a claim...
Self-Protective Carrying as “Weapon Availability”: Ogonowska v R ([2025] EWCA Crim 604)

Self-Protective Carrying as “Weapon Availability”: Ogonowska v R ([2025] EWCA Crim 604)

Date: May 10, 2025
Self-Protective Carrying as “Weapon Availability”: New Principle under Schedule 21 1. Introduction Ogonowska v R ([2025] EWCA Crim 604) is a Court of Appeal (Criminal Division) decision handed down...
Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC

Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC

Date: May 10, 2025
Clarifying Availability and Reasonableness of Temporary Accommodation under Part VII: Beach v South Hams DC Introduction The Court of Appeal’s decision in Beach v South Hams District Council ([2025]...
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