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  • Commentaries

England and Wales Case Commentaries

McIntyre and the Sentencing of Online Incitement: Absence of Direct Causation Is No Mitigation under s.46 SCA 2007 in Widespread Public Disorder

McIntyre and the Sentencing of Online Incitement: Absence of Direct Causation Is No Mitigation under s.46 SCA 2007 in Widespread Public Disorder

Date: Aug 1, 2025
McIntyre and the Sentencing of Online Incitement: Absence of Direct Causation Is No Mitigation under s.46 SCA 2007 in Widespread Public Disorder Citation: R v McIntyre [2025] EWCA Crim 1191 Court:...
Rossiter: Guarding Against Double-Counting and Preserving Full Plea Credit in Extended Sentences

Rossiter: Guarding Against Double-Counting and Preserving Full Plea Credit in Extended Sentences

Date: Jul 31, 2025
Rossiter: Guarding Against Double-Counting and Preserving Full Plea Credit in Extended Sentences 1. Introduction Case: R v Rossiter [2025] EWCA Crim 1120 (CA). The Court of Appeal (Criminal Division)...
Beyond Chronological Age: Brzozowski and the Nuanced Assessment of “Significant Age Disparity” in Sentencing for Sexual Activity with a Child

Beyond Chronological Age: Brzozowski and the Nuanced Assessment of “Significant Age Disparity” in Sentencing for Sexual Activity with a Child

Date: Jul 31, 2025
Beyond Chronological Age: Brzozowski and the Nuanced Assessment of “Significant Age Disparity” in Sentencing for Sexual Activity with a Child 1. Introduction In Brzozowski, R. v ([2025] EWCA Crim...
ACR: Post‑evidence withdrawal confined to rare “knock‑out blow” cases; inferential proof of s.11 SOA 2003 gratification; tailored s.71 CJA 2003 reporting

ACR: Post‑evidence withdrawal confined to rare “knock‑out blow” cases; inferential proof of s.11 SOA 2003 gratification; tailored s.71 CJA 2003 reporting

Date: Jul 31, 2025
ACR: Post‑evidence withdrawal confined to rare “knock‑out blow” cases; inferential proof of s.11 SOA 2003 gratification; tailored s.71 CJA 2003 reporting Introduction In R v ACR [2025] EWCA Crim...
Beyond Parental Dominion: Court of Appeal Re-Affirms Welfare Paramountcy
            and Restricts the Reach of Gillick Competence – Commentary on 
            S, Re (Wardship: Removal to Ghana) [2025] EWCA Civ 1011

Beyond Parental Dominion: Court of Appeal Re-Affirms Welfare Paramountcy and Restricts the Reach of Gillick Competence – Commentary on S, Re (Wardship: Removal to Ghana) [2025] EWCA Civ 1011

Date: Jul 30, 2025
Beyond Parental Dominion: Court of Appeal Re-Affirms Welfare Paramountcy and Restricts the Reach of Gillick Competence – Commentary on S, Re (Wardship: Removal to Ghana) [2025] EWCA Civ 1011 1....
“One Trial, Not Two” – The Consolidation Principle for Set-Aside Hearings of Freezing Injunctions (Commentary on Mold Investments Ltd v Holloway [2025] EWCA Civ 986)

“One Trial, Not Two” – The Consolidation Principle for Set-Aside Hearings of Freezing Injunctions (Commentary on Mold Investments Ltd v Holloway [2025] EWCA Civ 986)

Date: Jul 30, 2025
“One Trial, Not Two” – The Consolidation Principle for Set-Aside Hearings of Freezing Injunctions A Commentary on Mold Investments Ltd v Holloway ([2025] EWCA Civ 986) 1. Introduction In Mold...
Appeals in Restructuring Plans: The Return of the General Costs Rule – Commentary on Kington SARL & Ors v Thames Water Utilities Holdings Ltd & Anor [2025] EWCA Civ 1003

Appeals in Restructuring Plans: The Return of the General Costs Rule – Commentary on Kington SARL & Ors v Thames Water Utilities Holdings Ltd & Anor [2025] EWCA Civ 1003

Date: Jul 30, 2025
Appeals in Restructuring Plans: The Return of the General Costs Rule Commentary on Kington SARL & Ors v Thames Water Utilities Holdings Ltd & Anor ([2025] EWCA Civ 1003) 1. Introduction Thames Water...

The “H Principle” – Court of Appeal Mandates Holistic-Chronological Analysis and Stricter ABE Compliance in Child Abuse Fact-Finding (Commentary on H (Children) (Findings of Fact) [2025] EWCA Civ 993)

The “H Principle” – Court of Appeal Mandates Holistic-Chronological Analysis and Stricter ABE Compliance in Child Abuse Fact-Finding (Commentary on H (Children) (Findings of Fact) [2025] EWCA Civ 993)

Date: Jul 30, 2025
The “H Principle” – Court of Appeal Mandates Holistic-Chronological Analysis and Stricter ABE Compliance in Child Abuse Fact-Finding Introduction H (Children) (Findings of Fact) [2025] EWCA Civ 993...
“Selective Summary-Judgment” Doctrine in Deceit Actions: Giwa v JNFX Ltd & Ors [2025] EWCA Civ 961

“Selective Summary-Judgment” Doctrine in Deceit Actions: Giwa v JNFX Ltd & Ors [2025] EWCA Civ 961

Date: Jul 30, 2025
“Selective Summary-Judgment” Doctrine in Deceit Actions: Giwa v JNFX Ltd & Others [2025] EWCA Civ 961 Introduction The Court of Appeal’s decision in Giwa v JNFX Ltd & Ors reshapes the boundaries of...
Defining Independent Sub-Categories of Services for Partial Revocation: The Precedent Set in easyGroup Ltd v easyfundraising Ltd ([2025] EWCA Civ 1000)

Defining Independent Sub-Categories of Services for Partial Revocation: The Precedent Set in easyGroup Ltd v easyfundraising Ltd ([2025] EWCA Civ 1000)

Date: Jul 30, 2025
Defining Independent Sub-Categories of Services for Partial Revocation: The Precedent Set in easyGroup Ltd v easyfundraising Ltd ([2025] EWCA Civ 1000) 1. Introduction In July 2025 the Court of...
Severability of Arbitral Awards: Confirmation of a Valid Claimant’s Award Despite Co-Claimant’s Jurisdictional Defeat – Commentary on The Czech Republic v Diag SE & Anor [2025] EWCA Civ 998

Severability of Arbitral Awards: Confirmation of a Valid Claimant’s Award Despite Co-Claimant’s Jurisdictional Defeat – Commentary on The Czech Republic v Diag SE & Anor [2025] EWCA Civ 998

Date: Jul 30, 2025
Severability of Arbitral Awards: Confirmation of a Valid Claimant’s Award Despite Co-Claimant’s Jurisdictional Defeat – Commentary on The Czech Republic v Diag SE & Anor ([2025] EWCA Civ 998) 1....

“Exceptional, Not Illogical” – When a Conditional Discharge
Outweighs the “Three-Strike” Minimum:
Commentary on McMullen, R. v  ([2025] EWCA Crim 1112)

“Exceptional, Not Illogical” – When a Conditional Discharge Outweighs the “Three-Strike” Minimum: Commentary on McMullen, R. v ([2025] EWCA Crim 1112)

Date: Jul 30, 2025
“Exceptional, Not Illogical” – When a Conditional Discharge Outweighs the “Three-Strike” Minimum: Commentary on McMullen, R. v ([2025] EWCA Crim 1112) 1. Introduction The Court of Appeal’s decision...
The “Niland Principle” – Why a Subsequent Acquittal is Insufficient, by itself, to Upset a Prior Guilty-Plea Conviction

The “Niland Principle” – Why a Subsequent Acquittal is Insufficient, by itself, to Upset a Prior Guilty-Plea Conviction

Date: Jul 28, 2025
The “Niland Principle” – Why a Subsequent Acquittal is Insufficient, by itself, to Upset a Prior Guilty-Plea Conviction 1. Introduction Niland v R ([2025] EWCA Crim 945) is a decision of the Court of...
“Due Regard” under the Environment Act 2021 and Statutory Limits on Local Energy-Efficiency Standards: Commentary on Rights: Community: Action Ltd v Secretary of State [2025] EWCA Civ 990

“Due Regard” under the Environment Act 2021 and Statutory Limits on Local Energy-Efficiency Standards: Commentary on Rights: Community: Action Ltd v Secretary of State [2025] EWCA Civ 990

Date: Jul 28, 2025
“Due Regard” under the Environment Act 2021 and Statutory Limits on Local Energy-Efficiency Standards: Commentary on Rights: Community: Action Ltd (RCA) v Secretary of State for Housing, Communities...
Kapikanya v Secretary of State for the Home Department: Re-affirming the “Something-More” Threshold for Serious Foreign Offenders under s.117C NIAA 2002

Kapikanya v Secretary of State for the Home Department: Re-affirming the “Something-More” Threshold for Serious Foreign Offenders under s.117C NIAA 2002

Date: Jul 28, 2025
Kapikanya v Secretary of State for the Home Department [2025] EWCA Civ 987 Re-affirming the “Something-More” Threshold for Serious Foreign Offenders under s.117C NIAA 2002 1. Introduction This Court...
DP v London Borough of Lambeth – Court of Appeal Establishes Flexible Duty on Tribunals to Detect and Remedy Litigant Incapacity

DP v London Borough of Lambeth – Court of Appeal Establishes Flexible Duty on Tribunals to Detect and Remedy Litigant Incapacity

Date: Jul 28, 2025
DP v London Borough of Lambeth ([2025] EWCA Civ 985) A New Precedent on Procedural Fairness, Mental Capacity, and the Tribunal’s “Flexible Duty” Introduction In DP v London Borough of Lambeth the...
Home-to-Assignment Travel Is Not “Time Work” – Commissioners for HMRC v Taylors Services Ltd & Ors [2025] EWCA Civ 956

Home-to-Assignment Travel Is Not “Time Work” – Commissioners for HMRC v Taylors Services Ltd & Ors [2025] EWCA Civ 956

Date: Jul 28, 2025
Home-to-Assignment Travel Is Not “Time Work”: Commissioners for HMRC v Taylors Services Ltd & Ors ([2025] EWCA Civ 956) England and Wales Court of Appeal (Civil Division), 24 July 2025 – Bean LJ...

A Rolling-Break without a Term Certain: Court of Appeal Confirms Licences, Not Implied Periodic Tenancies, Where Fixed-Minimum Terms Are Followed by Open-Ended Notice Rights

A Rolling-Break without a Term Certain: Court of Appeal Confirms Licences, Not Implied Periodic Tenancies, Where Fixed-Minimum Terms Are Followed by Open-Ended Notice Rights

Date: Jul 28, 2025
A Rolling-Break without a Term Certain: Court of Appeal Confirms Licences, Not Implied Periodic Tenancies, Where Fixed-Minimum Terms Are Followed by Open-Ended Notice Rights Commentary on AP Wireless...
McGrath v R: Court of Appeal Affirms the Strict Tests for
         (i) Extensions of Time, (ii) Varying Grounds of Appeal,
         and (iii) Admission of Fresh Evidence

McGrath v R: Court of Appeal Affirms the Strict Tests for (i) Extensions of Time, (ii) Varying Grounds of Appeal, and (iii) Admission of Fresh Evidence

Date: Jul 26, 2025
McGrath v R: Court of Appeal Affirms the Strict Tests for Extensions of Time, Varying Grounds of Appeal, and Admission of Fresh Evidence 1. Introduction In McGrath, R. v ([2025] EWCA Crim 1103) the...
“Article V as Shield, Not Sword” – The Court of Appeal Bars Pre-emptive New-York-Convention Challenges (Star Hydro Power Ltd v NTDCL)

“Article V as Shield, Not Sword” – The Court of Appeal Bars Pre-emptive New-York-Convention Challenges (Star Hydro Power Ltd v NTDCL)

Date: Jul 25, 2025
“Article V as Shield, Not Sword” – The Court of Appeal Bars Pre-emptive New-York-Convention Challenges Star Hydro Power Ltd v National Transmission & Despatch Company Ltd ([2025] EWCA Civ 928) 1....
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