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  • Commentaries

England and Wales Case Commentaries

Re‑pleading on Appeal and the Primacy of Facts over Labels: Court of Appeal Endorses Case‑Management Directions Preceding a Strike‑Out Appeal

Re‑pleading on Appeal and the Primacy of Facts over Labels: Court of Appeal Endorses Case‑Management Directions Preceding a Strike‑Out Appeal

Date: Oct 16, 2025
Re‑pleading on Appeal and the Primacy of Facts over Labels: Court of Appeal Endorses Case‑Management Directions Preceding a Strike‑Out Appeal Introduction In Yamba v BW Legal Services Ltd [2025] EWCA...
Security for Costs under CPR 2025: No Transitional Carve‑Out for Pre‑Brexit Claims; Litigant‑Specific Enforcement Risks Justify Residence‑Abroad Orders; Security Confined to Costs of Resisting the Appeal

Security for Costs under CPR 2025: No Transitional Carve‑Out for Pre‑Brexit Claims; Litigant‑Specific Enforcement Risks Justify Residence‑Abroad Orders; Security Confined to Costs of Resisting the Appeal

Date: Oct 16, 2025
Security for Costs under CPR 2025: No Transitional Carve‑Out for Pre‑Brexit Claims; Litigant‑Specific Enforcement Risks Justify Residence‑Abroad Orders; Security Confined to Costs of Resisting the...
CPS‑Equivalent Cap on Private Prosecutors’ Recovery from Central Funds under s17(2A) POA 1985 where CPS was not engaged and the legal market not tested — Commentary on BDI & Ors, R v [2025] EWCA Crim 1289

CPS‑Equivalent Cap on Private Prosecutors’ Recovery from Central Funds under s17(2A) POA 1985 where CPS was not engaged and the legal market not tested — Commentary on BDI & Ors, R v [2025] EWCA Crim 1289

Date: Oct 16, 2025
CPS‑Equivalent Cap on Private Prosecutors’ Recovery from Central Funds under s17(2A) POA 1985 where CPS was not engaged and the legal market not tested Introduction This reserved costs judgment of...
Mainpay Ltd v HMRC: No “Single Discontinuous Employment” under ITEPA and a Clarified Causation Test for “Loss of Tax Brought About Carelessly”

Mainpay Ltd v HMRC: No “Single Discontinuous Employment” under ITEPA and a Clarified Causation Test for “Loss of Tax Brought About Carelessly”

Date: Oct 16, 2025
Mainpay Ltd v HMRC: No “Single Discontinuous Employment” under ITEPA and a Clarified Causation Test for “Loss of Tax Brought About Carelessly” Introduction This appeal concerned umbrella company...
"No removal while your own guidance promises a 30‑day NRM reconsideration": Secretary of State must preserve reconsideration opportunity offered under statutory guidance

"No removal while your own guidance promises a 30‑day NRM reconsideration": Secretary of State must preserve reconsideration opportunity offered under statutory guidance

Date: Oct 16, 2025
"No removal while your own guidance promises a 30‑day NRM reconsideration": Secretary of State must preserve reconsideration opportunity offered under statutory guidance Case: CTK, R (On the...
No “in‑between” categories: Joint offending plus severe psychological harm mandates Category 1A for sexual assault; abuse-of-trust requires significant responsibility (Singh & Anor [2025] EWCA Crim 1409)

No “in‑between” categories: Joint offending plus severe psychological harm mandates Category 1A for sexual assault; abuse-of-trust requires significant responsibility (Singh & Anor [2025] EWCA Crim 1409)

Date: Oct 16, 2025
No “in‑between” categories: Joint offending plus severe psychological harm mandates Category 1A for sexual assault; abuse-of-trust requires significant responsibility (Singh & Anor [2025] EWCA Crim...
R v Madhi & Anor [2025] EWCA Crim 1401: Disapplying the s315 Minimum and Avoiding Mixed Youth Custody Regimes Where s250 Detention Is Imposed

R v Madhi & Anor [2025] EWCA Crim 1401: Disapplying the s315 Minimum and Avoiding Mixed Youth Custody Regimes Where s250 Detention Is Imposed

Date: Oct 15, 2025
R v Madhi & Anor [2025] EWCA Crim 1401: Disapplying the s315 Minimum and Avoiding Mixed Youth Custody Regimes Where s250 Detention Is Imposed Introduction This Court of Appeal (Criminal Division)...
R v Waldrom [2025] EWCA Crim 1380: Late Sentencing Appeals, Fresh Psychological Evidence, and Totality—A Four‑Point Clarification

R v Waldrom [2025] EWCA Crim 1380: Late Sentencing Appeals, Fresh Psychological Evidence, and Totality—A Four‑Point Clarification

Date: Oct 11, 2025
R v Waldrom [2025] EWCA Crim 1380: Late Sentencing Appeals, Fresh Psychological Evidence, and Totality—A Four‑Point Clarification Introduction In R v Waldrom [2025] EWCA Crim 1380, the Court of...
Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under Article 14

Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under Article 14

Date: Oct 9, 2025
Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under...
R v Wood [2025] EWCA Crim 1372: Limits on Departures from Sentencing Guidelines; “School” Status Not a Stand‑Alone Aggravator; and Activation of a Suspended Sentence Is Not Double Counting

R v Wood [2025] EWCA Crim 1372: Limits on Departures from Sentencing Guidelines; “School” Status Not a Stand‑Alone Aggravator; and Activation of a Suspended Sentence Is Not Double Counting

Date: Oct 9, 2025
R v Wood [2025] EWCA Crim 1372: Limits on Departures from Sentencing Guidelines; “School” Status Not a Stand‑Alone Aggravator; and Activation of a Suspended Sentence Is Not Double Counting...
No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of Sussex Police & CPS v XGY [2025] EWCA Civ 1230

No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of Sussex Police & CPS v XGY [2025] EWCA Civ 1230

Date: Oct 9, 2025
No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of...
Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271

Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271

Date: Oct 9, 2025
Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271 Introduction...
One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data

One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data

Date: Oct 8, 2025
One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data Introduction In InterDigital Inc & Ors, In the Matter Of (Re Optis...
Mechita: Purity, Quantity and Cash Can Evidence a “Leading Role”; Totality Permits Uplift of the Lead Concurrent Sentence and Consecutive Sentencing for Distinct Offending

Mechita: Purity, Quantity and Cash Can Evidence a “Leading Role”; Totality Permits Uplift of the Lead Concurrent Sentence and Consecutive Sentencing for Distinct Offending

Date: Oct 8, 2025
Mechita: Purity, Quantity and Cash Can Evidence a “Leading Role”; Totality Permits Uplift of the Lead Concurrent Sentence and Consecutive Sentencing for Distinct Offending Citation: R v Mechita...
“Decision” Exists Only on Service: Court of Appeal Holds JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence (Dhandapani v SSHD [2025] EWCA Civ 1244)

“Decision” Exists Only on Service: Court of Appeal Holds JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence (Dhandapani v SSHD [2025] EWCA Civ 1244)

Date: Oct 8, 2025
“Decision” Exists Only on Service: JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence Case: Dhandapani, R (On the Application Of) v Secretary of State for...
Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway

Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway

Date: Oct 8, 2025
Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway Case: M & M Solicitors v Crown Court at Leicester (wasted...
Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service

Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service

Date: Oct 8, 2025
Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service...
Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption (Hippodrome Casino Ltd v HMRC [2025] EWCA Civ 1259)

Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption (Hippodrome Casino Ltd v HMRC [2025] EWCA Civ 1259)

Date: Oct 7, 2025
Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption Hippodrome Casino Ltd v Revenue and Customs [2025] EWCA...
Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order

Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order

Date: Oct 4, 2025
Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order Introduction This commentary...
Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty

Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty

Date: Oct 4, 2025
Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty Introduction In Orion Shipping and...
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