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  • Commentaries

England and Wales Case Commentaries

Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence

Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence

Date: May 10, 2025
Fair Trial and Expert Disclosure: Aziz v R – Ensuring Effective Challenge to EncroChat Evidence Introduction Aziz v R ([2025] EWCA Crim 605) is a landmark Court of Appeal decision concerning the...
Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges

Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges

Date: May 10, 2025
Retention of Article 86(5) CD Regulation as Jurisdictional Bar on Post-Brexit Design Invalidity Challenges Introduction In Praesidiad Holding BVBA & Anor v Zaun Ltd [2025] EWCA Civ 591, the England...
Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test

Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test

Date: May 10, 2025
Binding Agreements Render Sequentially Preferable Sites Unavailable under NPPF Para 87 Sequential Test Introduction This commentary examines the England and Wales Court of Appeal decision in Tesco...
Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546

Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546

Date: May 10, 2025
Distinct Evidence and Inference of Intent in Firearm Possession: Earp v R [2025] EWCA Crim 546 Introduction Earp v R ([2025] EWCA Crim 546) is a decision of the England & Wales Court of Appeal...
Clarifying Relief from Sanctions under Denton for Unless Orders and the Limits of the Co-Defendant Principle in Default Judgment Relief

Clarifying Relief from Sanctions under Denton for Unless Orders and the Limits of the Co-Defendant Principle in Default Judgment Relief

Date: May 10, 2025
Clarifying Relief from Sanctions under Denton for Unless Orders and the Limits of the Co-Defendant Principle in Default Judgment Relief Introduction Leadingway Consultants Ltd v Saab & Anor ([2025]...
Amended Rule 37(5) EAT: Flexible Extension of Time for ‘Minor Errors’ in Instituting Appeals

Amended Rule 37(5) EAT: Flexible Extension of Time for ‘Minor Errors’ in Instituting Appeals

Date: May 10, 2025
Amended Rule 37(5) EAT: Flexible Extension of Time for ‘Minor Errors’ in Instituting Appeals Introduction Melki v Bouygues E and S Contracting UK Ltd ([2025] EWCA Civ 585) is the first Court of...
Reaffirming Cost-Plus as the Principal Benchmark for Excessive Pricing under Section 18 CA 1998

Reaffirming Cost-Plus as the Principal Benchmark for Excessive Pricing under Section 18 CA 1998

Date: May 9, 2025
Reaffirming Cost-Plus as the Principal Benchmark for Excessive Pricing under Section 18 CA 1998 Introduction This commentary examines the Court of Appeal’s judgment in Cinven Capital Management (V)...
Litigation Friend Requirement and Retrospective Nullity of Proceedings for Protected Parties under CPR 21: Johnston v Financial Ombudsman Service

Litigation Friend Requirement and Retrospective Nullity of Proceedings for Protected Parties under CPR 21: Johnston v Financial Ombudsman Service

Date: May 9, 2025
Litigation Friend Requirement and Retrospective Nullity of Proceedings for Protected Parties under CPR 21: Johnston v Financial Ombudsman Service Introduction This case involves Kenneth Johnston, a...
Holistic Sentencing for False Imprisonment & Credit for Remand in Driving Disqualifications : Commentary on Baker & Ors v R [2025] EWCA Crim 807

Holistic Sentencing for False Imprisonment & Credit for Remand in Driving Disqualifications : Commentary on Baker & Ors v R [2025] EWCA Crim 807

Date: May 9, 2025
“Duration is not Dominant” – A Holistic Sentencing Framework for False Imprisonment and the Mandatory Deduction of Remand Time from Extended Driving Bans Commentary on Baker & Ors v R [2025] EWCA...
Preventing Abuse of Process: Joinder of Minority Shareholders under CPR 19.2(2)

Preventing Abuse of Process: Joinder of Minority Shareholders under CPR 19.2(2)

Date: May 9, 2025
Preventing Abuse of Process: Joinder of Minority Shareholders under CPR 19.2(2) Introduction This commentary examines the Court of Appeal’s decision in Betta Oceanway Company v SC Tomini Trading SRL...
Admissibility and Cumulative Assessment of Bad Character Evidence under the Criminal Justice Act 2003

Admissibility and Cumulative Assessment of Bad Character Evidence under the Criminal Justice Act 2003

Date: May 9, 2025
Admissibility and Cumulative Assessment of Bad Character Evidence under the Criminal Justice Act 2003 Introduction In R v King & Anor [2025] EWCA Crim 596, the Court of Appeal (Criminal Division)...
Clarifying Credit for Overlapping Remand: The “Saleh Rule” on Minimum-Term Deductions ([2025] EWCA Crim 720)

Clarifying Credit for Overlapping Remand: The “Saleh Rule” on Minimum-Term Deductions ([2025] EWCA Crim 720)

Date: May 9, 2025
Clarifying Credit for Overlapping Remand: The “Saleh Rule” on Minimum-Term Deductions Saleh v R ([2025] EWCA Crim 720) 1. Introduction The Court of Appeal’s decision in Saleh v R addresses a narrow...
Clarifying “Investor” Control in BIT Arbitration: De Jure Ownership Requirement and Timeliness of Jurisdictional Objections

Clarifying “Investor” Control in BIT Arbitration: De Jure Ownership Requirement and Timeliness of Jurisdictional Objections

Date: May 8, 2025
Clarifying “Investor” Control in BIT Arbitration: De Jure Ownership Requirement and Timeliness of Jurisdictional Objections Introduction This commentary examines the Court of Appeal’s decision in The...
Ensuring Precision in Domestic Abuse Fact-Finding and Schedule B Recording

Ensuring Precision in Domestic Abuse Fact-Finding and Schedule B Recording

Date: May 8, 2025
Ensuring Precision in Domestic Abuse Fact-Finding and Schedule B Recording Introduction Z (A Child), Re [2025] EWCA Civ 594 is a landmark Court of Appeal decision addressing both the scope of...
Clarifying Agent Liability under Section 109 of the Equality Act 2010: Common Law Agency and Post-Employment Indirect Age Discrimination

Clarifying Agent Liability under Section 109 of the Equality Act 2010: Common Law Agency and Post-Employment Indirect Age Discrimination

Date: May 8, 2025
Clarifying Agent Liability under Section 109 of the Equality Act 2010: Common Law Agency and Post-Employment Indirect Age Discrimination Introduction This landmark decision in Fasano v Reckitt...
Adverse Possession Unaffected by Section 33 Trusts: Interpretation of Paragraph 12, Schedule 6, LRA 2002

Adverse Possession Unaffected by Section 33 Trusts: Interpretation of Paragraph 12, Schedule 6, LRA 2002

Date: May 8, 2025
Adverse Possession Unaffected by Section 33 Trusts: Interpretation of Paragraph 12, Schedule 6, LRA 2002 Introduction This appeal arises from Nazir & Anor v Begum ([2025] EWCA Civ 587), decided by...

        Rethinking “Public Rights” under Section 78 PCSC Act 2022:
        The Court of Appeal’s Five-Point Framework in AFY & Ors
        ([2025] EWCA Crim 769)

Rethinking “Public Rights” under Section 78 PCSC Act 2022: The Court of Appeal’s Five-Point Framework in AFY & Ors ([2025] EWCA Crim 769)

Date: May 8, 2025
Rethinking “Public Rights” under Section 78 PCSC Act 2022: The Court of Appeal’s Five-Point Framework in AFY & Ors ([2025] EWCA Crim 769) 1. Introduction AFY & Ors, R. v ([2025] EWCA Crim 769) marks...
Executive Discretion and “Good Reason” in Security Policy: R (The Duke of Sussex) v SSHD

Executive Discretion and “Good Reason” in Security Policy: R (The Duke of Sussex) v SSHD

Date: May 3, 2025
Executive Discretion and “Good Reason” in Security Policy: R (The Duke of Sussex) v SSHD Introduction R (The Duke of Sussex) v Secretary of State for the Home Department ([2025] EWCA Civ 548) is a...
Mechanism-Based Test for “Dividends of a Capital Nature” under s.402(4) ITTOIA

Mechanism-Based Test for “Dividends of a Capital Nature” under s.402(4) ITTOIA

Date: May 3, 2025
Mechanism-Based Test for “Dividends of a Capital Nature” under s.402(4) ITTOIA Introduction This commentary examines the Court of Appeal’s decision in Beard v Commissioners for His Majesty’s Revenue...
Limits of Delegated “Henry VIII” Powers in Defining “Serious Disruption”

Limits of Delegated “Henry VIII” Powers in Defining “Serious Disruption”

Date: May 3, 2025
Limits of Delegated “Henry VIII” Powers in Defining “Serious Disruption” Introduction In National Council for Civil Liberties (Liberty) v Secretary of State for the Home Department ([2025] EWCA Civ...
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