England and Wales Case Commentaries

Derby CC v UYR [2025] EWCA Civ 1648: Interim Relief in Age Assessment Judicial Review and the Role of Competing Section 20 Duties

Date: Dec 19, 2025

Derby City Council v UYR [2025] EWCA Civ 1648: No “Strong Prima Facie Case” Threshold for Interim Relief in Age Assessment Judicial Review, and the Effect of Existing Section 20 Accommodation 1....

HMRC v Sintra Global Inc: Clarifying the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals

Date: Dec 19, 2025

HMRC v Sintra Global Inc & Parul Malde [2025] EWCA Civ 1661: The Court of Appeal Clarifies the Burden of Proof on Underlying Tax Liabilities in Civil Penalty Appeals 1. Introduction The decision in...

Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ 1652

Date: Dec 19, 2025

Proving Damage in Abuse of Dominance Claims: “Less Loss” vs Lost Profits and the Limits of Presumptions – Commentary on Cabo Concepts Ltd & Anor v MGA Entertainment (UK) Ltd & Anor [2025] EWCA Civ...

Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd

Date: Dec 19, 2025

Causation, Novus Actus and Third‑Party Campaigners: Clarifying Section 111 Equality Act Liability in Bailey v Stonewall Equality Ltd [2025] EWCA Civ 1662 1. Introduction The Court of Appeal’s...

Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Commentary on Abbott Diabetes Care Inc & Ors v Dexcom Incorporated & Ors [2025] EWCA Civ 1633

Date: Dec 19, 2025

Claim Construction as a Constraint on Obviousness and the Comptroller’s Role on Appeal: Abbott v Dexcom [2025] EWCA Civ 1633 1. Introduction This commentary examines the Court of Appeal decision in...

R v Andrews: Appellate Restraint on Unduly Lenient Sentence References Where a Minimising Basis of Plea Was Accepted

Date: Dec 19, 2025

R v Andrews: Appellate Restraint on Unduly Lenient Sentence References Where a Minimising Basis of Plea Was Accepted 1. Introduction Andrews, R. v ([2025] EWCA Crim 1735) is a reference by the...

Over-Optimistic Sentencing Advice Does Not Normally Vitiate a Guilty Plea: Refusal of Late Conviction Appeal in R v McEvoy

Date: Dec 19, 2025

Over-Optimistic Sentencing Advice Does Not Normally Vitiate a Guilty Plea: Refusal of Late Conviction Appeal in R v McEvoy [2025] EWCA Crim 1747 1. Introduction R v McEvoy concerned a renewed...

Acquittal on Aggravated Burglary Does Not Undermine Conviction for Conspiracy to Rob Where the Offences Have Distinct Mental Elements

Date: Dec 19, 2025

Acquittal on Aggravated Burglary Does Not Undermine Conviction for Conspiracy to Rob Where the Offences Have Distinct Mental Elements 1. Introduction Thomas, R. v ([2025] EWCA Crim 1755, 18 December...

Brown, R. v — Pre-offence Messaging as “Facts of the Offence” (CJA 2003, s.98) and “Significant Contribution” Causation in Mixed Trauma/Drug Deaths

Date: Dec 19, 2025

Brown, R. v — Pre-offence Messaging as “Facts of the Offence” (CJA 2003, s.98) and “Significant Contribution” Causation in Mixed Trauma/Drug Deaths Citation: [2025] EWCA Crim 1779 | Court: England...

Totality Must Still Be Applied to Consecutive Sentences for In‑Custody Drug Trafficking Despite Minimal Late Plea Credit

Date: Dec 19, 2025

Totality Must Still Be Applied to Consecutive Sentences for In‑Custody Drug Trafficking Despite Minimal Late Plea Credit 1) Introduction R v Finnegan ([2025] EWCA Crim 1817) concerns sentencing for...

Noori: Deterrent Uplift in False-ID Sentencing Amid Asylum-System Pressures; Full Guilty-Plea Credit Despite Procedural Defects; Deportation Recommendations to Be Used Sparingly

Date: Dec 19, 2025

Noori: Deterrent Uplift in False-ID Sentencing Amid Asylum-System Pressures; Full Guilty-Plea Credit Despite Procedural Defects; Deportation Recommendations to Be Used Sparingly 1. Introduction R. v...

Clarke, R. v — Sentencing Where a Defendant Crosses the Child/Adult Threshold: “Starting Point at Date of Offence” Is Powerful but Not Determinative; Disparity May Be Explained by Plea Strategy

Date: Dec 18, 2025

Sentencing Where a Defendant Crosses the Child/Adult Threshold: “Starting Point at Date of Offence” Is Powerful but Not Determinative; Disparity May Be Explained by Plea Strategy Clarke, R. v [2025]...

Blower v GH Canfield LLP: Pleading Counterfactual Causation and Properly Particularising Conflicts of Interest in Solicitor Negligence Claims

Date: Dec 18, 2025

Blower v GH Canfield LLP: Pleading Counterfactual Causation and Properly Particularising Conflicts of Interest in Solicitor Negligence Claims Court: England and Wales Court of Appeal (Civil Division)...

R v Brand: Appellate Restraint on Suspension Decisions and Proportionate SHPO Restrictions in Indecent Image Cases

Date: Dec 18, 2025

R v Brand: Appellate Restraint on Suspension Decisions and Proportionate SHPO Restrictions in Indecent Image Cases 1. Introduction In Brand, R. v ([2025] EWCA Crim 1754), the Court of Appeal...

Smith & Ors: Sentencing Protest-Related Criminal Damage to Heritage Memorials and the Limits of Articles 10 and 11 ECHR

Date: Dec 17, 2025

Smith & Ors: Sentencing Protest-Related Criminal Damage to Heritage Memorials and the Limits of Articles 10 and 11 ECHR 1. Introduction In Smith & Ors, R v [2025] EWCA Crim 1623, the Court of Appeal...

Political Change as an Extrinsic Reason for Refusing Costs: Commentary on PCSU v Secretary of State for the Home Department [2025] EWCA Civ 1644

Date: Dec 17, 2025

Political Change as an Extrinsic Reason for Refusing Costs: Commentary on Public and Commercial Services Union v Secretary of State for the Home Department [2025] EWCA Civ 1644 1. Introduction 1.1....

Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v SSHD [2025] EWCA Civ 1646

Date: Dec 17, 2025

Self‑Imposed Decision Deadlines, “Aims To” Assurances and Costs in Judicial Review: Commentary on Nisar & Ors v Secretary of State for the Home Department [2025] EWCA Civ 1646 1. Introduction This...

Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The NMC v Ibrahim [2025] EWCA Civ 1631

Date: Dec 17, 2025

Discretion to Decline Remittal in NMC Fitness to Practise Appeals: Proportionality, Purpose and Deference in The Nursing and Midwifery Council v Ibrahim [2025] EWCA Civ 1631 1. Introduction The...

Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise

Date: Dec 17, 2025

Interim Separation from Parents in Residential Assessments: C (A Child) [2025] EWCA Civ 1618 and the Duty to Undertake a Full Welfare Balancing Exercise 1. Introduction The decision in C (A Child)...

Refurbished Branded Goods, Commercial Connection and the Limits of Trade Mark Exhaustion – Commentary on AGA Rangemaster Group Ltd v UK Innovations Group Ltd [2025] EWCA Civ 1622

Date: Dec 17, 2025

Refurbished Branded Goods, Commercial Connection and the Limits of Trade Mark Exhaustion: Commentary on AGA Rangemaster Group Ltd v UK Innovations Group Ltd [2025] EWCA Civ 1622 1. Introduction This...