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  • Commentaries

England and Wales Case Commentaries

Clarifying “Serious Physical Harm” in Street Robbery Sentencing: R v Taylor [2025] EWCA Crim 514

Clarifying “Serious Physical Harm” in Street Robbery Sentencing: R v Taylor [2025] EWCA Crim 514

Date: Apr 9, 2025
Clarifying “Serious Physical Harm” in Street Robbery Sentencing: R v Taylor [2025] EWCA Crim 514 1. Introduction R v Taylor [2025] EWCA Crim 514 is a landmark Court of Appeal decision addressing how...
Clarifying PSED Compliance by Actual Decision-Makers in Local Authority Charging Policies

Clarifying PSED Compliance by Actual Decision-Makers in Local Authority Charging Policies

Date: Apr 9, 2025
Clarifying PSED Compliance by Actual Decision-Makers in Local Authority Charging Policies Introduction This landmark decision in YVR, R (On the Application Of) v Birmingham City Council ([2025] EWCA...
Boundary Demarcation Agreements Bind Successors Irrespective of Knowledge: White v Alder [2025] EWCA Civ 392

Boundary Demarcation Agreements Bind Successors Irrespective of Knowledge: White v Alder [2025] EWCA Civ 392

Date: Apr 8, 2025
Boundary Demarcation Agreements Bind Successors Irrespective of Knowledge White v Alder & Anor [2025] EWCA Civ 392 (Court of Appeal, Civil Division) Introduction White v Alder is a significant Court...
Judicial Clarification on Credit for Non‐Qualifying Curfews: The New Discretionary Approach in Rice v R

Judicial Clarification on Credit for Non‐Qualifying Curfews: The New Discretionary Approach in Rice v R

Date: Apr 7, 2025
Judicial Clarification on Credit for Non‐Qualifying Curfews: The New Discretionary Approach in Rice v R Introduction The case of Rice v R ([2025] EWCA Crim 352) represents a significant development...
Non-Conformance Reports as a Binding Condition Precedent in Delay Remedies

Non-Conformance Reports as a Binding Condition Precedent in Delay Remedies

Date: Apr 7, 2025
Non-Conformance Reports as a Binding Condition Precedent in Delay Remedies Introduction The case of Disclosure and Barring Service v Tata Consultancy Services Ltd ([2025] EWCA Civ 380) arose from a...
Threshold Determinations and Legal Advice Privilege Waiver in Contempt Proceedings: The Aslani v Sobierajska Principle

Threshold Determinations and Legal Advice Privilege Waiver in Contempt Proceedings: The Aslani v Sobierajska Principle

Date: Apr 7, 2025
Threshold Determinations and Legal Advice Privilege Waiver in Contempt Proceedings: The Aslani v Sobierajska Principle Introduction The case of Aslani v Sobierajska ([2025] EWCA Civ 391) before the...
R v John: Discretion and Non-Automatic Credit for LASPO Section 91(3) Remand

R v John: Discretion and Non-Automatic Credit for LASPO Section 91(3) Remand

Date: Apr 5, 2025
R v John: Discretion and Non-Automatic Credit for LASPO Section 91(3) Remand Introduction R v John ([2025] EWCA Crim 511) concerns the proper treatment of time spent on remand to local authority care...
Issue Estoppel from Legal Determinations Bars Re‑Litigation Across Different Transactions: Court of Appeal in Skatteforvaltningen v MCML Ltd [2025] EWCA Civ 371

Issue Estoppel from Legal Determinations Bars Re‑Litigation Across Different Transactions: Court of Appeal in Skatteforvaltningen v MCML Ltd [2025] EWCA Civ 371

Date: Apr 5, 2025
Issue Estoppel from Legal Determinations Bars Re‑Litigation Across Different Transactions: Court of Appeal in Skatteforvaltningen v MCML Ltd [2025] EWCA Civ 371 Introduction The England and Wales...
Clarification of “Official Warnings” and Category 1A Culpability under the Dangerous Dogs Act 1991

Clarification of “Official Warnings” and Category 1A Culpability under the Dangerous Dogs Act 1991

Date: Apr 5, 2025
Clarification of “Official Warnings” and Category 1A Culpability under the Dangerous Dogs Act 1991 Introduction This commentary examines the Court of Appeal’s decision in Taylor, R. v [2025] EWCA...
Aggregate Sentencing for Campaign of Child Rape: TMD v R [2025] EWCA Crim 463

Aggregate Sentencing for Campaign of Child Rape: TMD v R [2025] EWCA Crim 463

Date: Apr 5, 2025
Aggregate Sentencing for Campaign of Child Rape: TMD v R [2025] EWCA Crim 463 Introduction In TMD v R ([2025] EWCA Crim 463), the England and Wales Court of Appeal (Criminal Division) considered the...
Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA

Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA

Date: Apr 4, 2025
Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA Introduction The case of Sullivan v Isle of Wight Council ([2025] EWCA Civ 379) addresses complex...
Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context

Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context

Date: Apr 4, 2025
Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context Introduction This commentary examines the judgment in Renaissance Securities...
A New Standard for Water Body-Specific Measures in UK Water Management: Commentary on SSEFRA v Pickering Fishery Association

A New Standard for Water Body-Specific Measures in UK Water Management: Commentary on SSEFRA v Pickering Fishery Association

Date: Apr 4, 2025
A New Standard for Water Body-Specific Measures in UK Water Management This commentary examines the judgment in Secretary of State for Environment, Food and Rural Affairs v Pickering Fishery...
The Unitary Modular Design Principle in Registered Design Law

The Unitary Modular Design Principle in Registered Design Law

Date: Apr 4, 2025
The Unitary Modular Design Principle in Registered Design Law Introduction The judgment in Safestand Ltd v Weston Homes PLC & Ors ([2025] EWCA Civ 374) represents a significant development in the...
New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law

New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law

Date: Apr 4, 2025
New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law Introduction The judgment in Davies v Benwell Road RTM Company Ltd [2025] EWCA Civ 368...
Mandatory Life Sentences for Repeat Sexual Offences Under the Sentencing Act 2020

Mandatory Life Sentences for Repeat Sexual Offences Under the Sentencing Act 2020

Date: Apr 4, 2025
Mandatory Life Sentences for Repeat Sexual Offences Under the Sentencing Act 2020 Introduction Watson, R. v [2025] EWCA Crim 563 is a landmark decision of the Court of Appeal (Criminal Division)...
“The Miranda Principle” – Court of Appeal Endorses Controlled Re-Opening of Prosecution Cases for Late-Discovered Digital Evidence

“The Miranda Principle” – Court of Appeal Endorses Controlled Re-Opening of Prosecution Cases for Late-Discovered Digital Evidence

Date: Apr 4, 2025
“The Miranda Principle” – Court of Appeal Endorses Controlled Re-Opening of Prosecution Cases for Late-Discovered Digital Evidence (Commentary on Miranda & Ors, R. v [2025] EWCA Crim 570) 1....
Conditional Agreements, Group Weapon Awareness and No-Case Submissions: Commentary on R v Bagge & Anor [2025] EWCA Crim 402

Conditional Agreements, Group Weapon Awareness and No-Case Submissions: Commentary on R v Bagge & Anor [2025] EWCA Crim 402

Date: Apr 4, 2025
Conditional Agreements, Group Weapon Awareness and No-Case Submissions in Secondary Liability for Murder: Commentary on R v Bagge & Anor [2025] EWCA Crim 402 1. Introduction The decision of the Court...
Abdulrasul, R. v ([2025] EWCA Crim 583) — A Stricter Threshold for Late Criminal Appeals and “Fresh Evidence” Applications

Abdulrasul, R. v ([2025] EWCA Crim 583) — A Stricter Threshold for Late Criminal Appeals and “Fresh Evidence” Applications

Date: Apr 4, 2025
Abdulrasul, R. v ([2025] EWCA Crim 583) — A Stricter Threshold for Late Criminal Appeals and “Fresh Evidence” Applications Introduction In Abdulrasul, R. v the Court of Appeal (Criminal Division)...
Refining the Salem discretion in immigration litigation: Court of Appeal declines to decide an academic challenge to the Ukraine Family Scheme

Refining the Salem discretion in immigration litigation: Court of Appeal declines to decide an academic challenge to the Ukraine Family Scheme

Date: Apr 4, 2025
Refining the Salem discretion in immigration litigation: Court of Appeal declines to decide an academic challenge to the Ukraine Family Scheme Introduction This commentary analyzes the Court of...
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