England and Wales Case Commentaries

Limits on Cross-Case “General Directions” and Judicially-Mandated Executive Policy in Closed Proceedings

Date: Jan 9, 2026

Limits on Cross-Case “General Directions” and Judicially-Mandated Executive Policy in Closed Proceedings 1. Introduction RA & Anor, R (On the Application Of) v Secretary of State for Foreign,...

£-In-£-Out and Scope-of-Duty Limits on Solicitors’ Negligence Claims for FSMA s.26 Exposure

Date: Jan 6, 2026

£-In-£-Out and Scope-of-Duty Limits on Solicitors’ Negligence Claims for FSMA s.26 Exposure 1. Introduction Case: Afan Valley Ltd & Ors v Lupton Fawcett LLP [2026] EWCA Civ 2 Court: England and Wales...

Anticipation Requires Necessity: Expert “Understanding” Cannot Substitute for Strict Implicit Disclosure in Novelty Attacks

Date: Dec 23, 2025

Anticipation Requires Necessity: Expert “Understanding” Cannot Substitute for Strict Implicit Disclosure in Novelty Attacks 1) Introduction Abbott Diabetes Care Inc & Ors v Dexcom Inc & Ors ([2025]...

Kohler Mira Ltd v Norcros Group (Holdings) Ltd [2025] EWCA Civ 1670 — Commentary

Date: Dec 23, 2025

Functional Claim Limits: “Configured so that” Must Be Achieved by the Claimed Component, and “Substantially Unchanged” Is Invalid Without an Ascertainable Criterion 1. Introduction Case: Kohler Mira...

Substance over Form in POCA Committals and Assessment of Benefit in Planning Enforcement Sentencing: Commentary on R v Salem & Robinson‑Dadoun [2025] EWCA Crim 1602

Date: Dec 22, 2025

Substance over Form in POCA Committals and Assessment of Benefit in Planning Enforcement Sentencing: Commentary on R v Salem & Robinson‑Dadoun [2025] EWCA Crim 1602 1. Introduction This commentary...

Coates v R [2025] EWCA Crim 1676: Sentencing for Criminal Damage Following Civil Contempt

Date: Dec 22, 2025

Coates v R [2025] EWCA Crim 1676: Sentencing for Criminal Damage Following Civil Contempt – Avoiding Double Punishment while Preserving Deterrence 1. Introduction The decision in Coates v R [2025]...

Defining the “Transaction” and Tightening the s.238 Defence: Commentary on TAQA Bratani Ltd & Ors v Fujairah Oil and Gas UK LLC & Ors [2025] EWCA Civ 1669

Date: Dec 22, 2025

Defining the “Transaction” and Tightening the s.238 Defence: Commentary on TAQA Bratani Ltd & Ors v Fujairah Oil and Gas UK LLC & Ors [2025] EWCA Civ 1669 1. Introduction This Court of Appeal...

Motorola v Hytera [2025] EWCA Civ 1667: Total Bar on Enforcement of Foreign Multiple-Damages Judgments and CPR 40.8A as the Primary Route for Post‑Judgment Relief after Foreign Appeals

Date: Dec 22, 2025

Motorola v Hytera [2025] EWCA Civ 1667: Total Bar on Enforcement of Foreign Multiple-Damages Judgments and CPR 40.8A as the Primary Route for Post‑Judgment Relief after Foreign Appeals 1....

Kone v Secretary of State: Paragraph 297(i)(f) Applies Where One Parent Is Settled Even If the Other Has Limited Leave, and “Exclusion” Is a Normative Test

Date: Dec 22, 2025

Kone v Secretary of State for the Home Department [2025] EWCA Civ 1653: Paragraph 297(i)(f) Applies Where One Parent Is Settled Even If the Other Has Limited Leave, and “Exclusion” Is a Normative...

Economic Necessity, Re‑Trafficking Risk and the Refugee Convention Nexus: Commentary on EAV & GMP v Secretary of State for the Home Department [2025] EWCA Civ 1677

Date: Dec 22, 2025

Economic Necessity, Re‑Trafficking Risk and the Refugee Convention Nexus: Commentary on EAV & GMP v Secretary of State for the Home Department [2025] EWCA Civ 1677 1. Introduction This Court of...

Coulthard v Secretary of State: Exceptional Public Interest, Criminal Offences and the Limits of Section 31(2B) SCA 1981

Date: Dec 22, 2025

Exceptional Public Interest and Offence‑Creating Secondary Legislation: Coulthard & Anor v Secretary of State and the Limits of Section 31(2B) Senior Courts Act 1981 1. Introduction This Court of...

McNamara, R. v — Sentencing for SHPO Breach: Underlying Sexual Exploitation, Assessed Risk and Sustained Contact Can Properly Place a Single-Date Breach in Category 1A

Date: Dec 20, 2025

Sentencing for SHPO Breach: Underlying Sexual Exploitation, Assessed Risk and Sustained Contact Can Properly Place a Single-Date Breach in Category 1A 1. Introduction McNamara, R. v ([2025] EWCA Crim...

Fugitives Cannot Leverage Their Flight to Obtain Eight-Year Extensions of Time: Renewed Leave to Appeal Refused in R. v Gifford & Anor

Date: Dec 20, 2025

Fugitives Cannot Leverage Their Flight to Obtain Eight-Year Extensions of Time: Renewed Leave to Appeal Refused in R. v Gifford & Anor [2025] EWCA Crim 1748 1. Introduction R. v Gifford & Anor...

Jury Access to ABE Evidence-in-Chief in Retirement: Fundamental Irregularity Requiring Retrial and a Restrained Approach to Post‑Verdict Jury Inquiry

Date: Dec 20, 2025

Jury Access to ABE Evidence-in-Chief in Retirement: Fundamental Irregularity Requiring Retrial and a Restrained Approach to Post‑Verdict Jury Inquiry 1. Introduction In JEH, R. v [2025] EWCA Crim...

Immediate Custody as the Norm for Perverting the Course of Justice: Childcare Hardship Rarely Justifies Suspension in False Rape Allegation Cases

Date: Dec 20, 2025

Immediate Custody as the Norm for Perverting the Course of Justice: Childcare Hardship Rarely Justifies Suspension in False Rape Allegation Cases 1. Introduction R. v May ([2025] EWCA Crim 1782) is a...

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences

Date: Dec 19, 2025

Public Protection through Hospital Orders: Jenkins v R and the Substitution of s.37/41 MHA Orders for IPP Sentences 1. Introduction This commentary examines the decision of the England and Wales...

Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672

Date: Dec 19, 2025

Enforcement Receivers, Mortgage Consolidation Clauses and Finality of Third‑Party Interests in Confiscation Proceedings: Commentary on R v Dilenardo & Anor [2025] EWCA Crim 1672 1. Introduction This...

Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified

Date: Dec 19, 2025

Asylum Support Appeals and Withdrawal Decisions: The First‑tier Tribunal’s Jurisdiction Clarified 1. Introduction The Court of Appeal’s decision in Secretary of State for the Home Department v...

Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt – Commentary on Michael v Michael [2025] EWCA Civ 1668

Date: Dec 19, 2025

Managing Uncertain Tax Liabilities from Sham Trusts in Financial Remedies: Reverse Contingent Lump Sums and Unequal Sharing of Matrimonial Debt Commentary on Michael v Michael [2025] EWCA Civ 1668 1....

Enrichment Requires a Transfer of Value: Court of Appeal Narrows “At the Expense Of” in Unjust Enrichment (Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd)

Date: Dec 19, 2025

Enrichment Requires a Transfer of Value: Clarifying “At the Expense Of” in Unjust Enrichment and Digital Likeness Cases Lunak Heavy Industries (UK) Ltd & Anor v Tyburn Film Productions Ltd [2025]...