England and Wales Case Commentaries

Daramy v The London Borough of Tower Hamlets & Ors [2025] EWCA Civ 1789 – Commentary

Date: Dec 17, 2025

“Minor Error” Under EAT Rule 37(5) Does Not Secure an Extension Where the Appeal Is (Practically) Academic: The Court’s Power to Refuse on Futility Grounds 1. Introduction In Daramy v The London...

Self-Induced Drug Psychosis as Aggravation (Not Mitigation) in Domestic Abuse Violence Sentencing; Totality and 5-Year EDS Extension Upheld — Miah [2025] EWCA Crim 1784

Date: Dec 17, 2025

Self-Induced Drug Psychosis as Aggravation (Not Mitigation) in Domestic Abuse Violence Sentencing; Totality and 5-Year EDS Extension Upheld 1. Introduction R v Miah ([2025] EWCA Crim 1784) is an...

R v Hibbert [2025] EWCA Crim 1730 — Contextual Digital Communications Can Amount to a Case to Answer for Secondary Liability in a Planned Murder

Date: Dec 17, 2025

Contextual Digital Communications Can Amount to a Case to Answer for Secondary Liability in a Planned Murder (R v Hibbert) Case: Hibbert, R. v Citation: [2025] EWCA Crim 1730 Court: England and Wales...

Attempted “Inciting” Sexual Activity with a Decoy Child: Category Harm by Intended Act, and Only a Small Downward Adjustment (No Extra Discount for Attempt)

Date: Dec 17, 2025

Attempted “Inciting” Sexual Activity with a Decoy Child: Category Harm by Intended Act, and Only a Small Downward Adjustment (No Extra Discount for Attempt) 1. Introduction Shaw, R. v ([2025] EWCA...

R v Thornton [2025] EWCA Crim 1734 — Serious Domestic Abuse (Coercive Control + Strangulation) Normally Requires Immediate Custody; Community Order Can Be “Outside the Range”

Date: Dec 17, 2025

R v Thornton [2025] EWCA Crim 1734 — Serious Domestic Abuse (Coercive Control + Strangulation) Normally Requires Immediate Custody; Community Order Can Be “Outside the Range” 1) Introduction This was...

Immediate Custody Required for Serious Domestic Abuse: Category A Coercive Control and Intentional Strangulation Cannot Properly Attract a Community Order

Date: Dec 17, 2025

Immediate Custody Required for Serious Domestic Abuse: Category A Coercive Control and Intentional Strangulation Cannot Properly Attract a Community Order 1. Introduction Thornton, R. v ([2025] EWCA...

Change in Penal Policy Does Not Reopen IPP Sentences: Refusing Very Late IPP Appeals Absent Arguable Sentencing Error

Date: Dec 17, 2025

Change in Penal Policy Does Not Reopen IPP Sentences: Refusing Very Late IPP Appeals Absent Arguable Sentencing Error 1) Introduction R v Thorpe ([2025] EWCA Crim 1758) concerns two renewed...

R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality

Date: Dec 15, 2025

R v Cox [2025] EWCA Crim 1625: Sentencing Historic Sexual Abuse by Medical Professionals – Use of Modern Guidelines, Consecutive Sentences and Totality 1. Introduction The decision in R v Cox [2025]...

Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v HMRC [2025] EWCA Civ 1615

Date: Dec 15, 2025

Total Economic Consideration as “Amount Payable on the Transfer” in Gilt Strip Loss Relief: Commentary on Watts v Revenue and Customs [2025] EWCA Civ 1615 1. Introduction The Court of Appeal’s...

Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm: “Medical Condition” Does Not Include a Mere Change in Understanding – Commentary on LXR v First‑tier Tribunal (SEC) [2025] EWCA Civ 1608

Date: Dec 15, 2025

Re‑opening Criminal Injuries Compensation Awards for Psychiatric Harm: “Medical Condition” Does Not Include a Mere Change in Understanding – Commentary on LXR, R (on the application of) v First‑tier...

Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612

Date: Dec 15, 2025

Proprietary Estoppel as a Fifth “Exceptional Circumstance” for Syers Orders in Partnership Dissolutions: Commentary on Cobden v Cobden [2025] EWCA Civ 1612 1. Introduction Cobden v Cobden is a...

Gain, R. v — Sentencing and Mental Disorder: Structured Approach Required, but Mitigation Depends on a Proven Offence-Link

Date: Dec 13, 2025

Gain, R. v — Sentencing and Mental Disorder: Structured Approach Required, but Mitigation Depends on a Proven Offence-Link Court: England and Wales Court of Appeal (Criminal Division) | Citation:...

R v MEK [2025] EWCA Crim 1743 — Adverse Inference Where “Scope of Interview” Is Asserted Without Evidence; and Sentencing Double‑Counting of Age Disparity in Category A2

Date: Dec 13, 2025

Adverse Inference Where “Scope of Interview” Is Asserted Without Evidence; and Sentencing Double‑Counting of Age Disparity in Category A2 1. Introduction In R v MEK ([2025] EWCA Crim 1743), the Court...

Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611

Date: Dec 12, 2025

Unlawful Act Manslaughter as a Substitute Verdict Where Murder is Quashed but Conspiracy to Rob Remains: Commentary on Gordon v R [2025] EWCA Crim 1611 1. Introduction This commentary examines the...

Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures

Date: Dec 12, 2025

Re B and the Limits of Acquiescence under the 1980 Hague Convention: Parental Intent, “Court Acquiescence” and Protective Measures 1. Introduction This Court of Appeal decision in B, Re (1980 Hague...

Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A: Commentary on The Tower One St George Wharf Ltd v HMRC [2025] EWCA Civ 1588

Date: Dec 12, 2025

Effective Group Relief Claims, Case 3 Distributions and the Reach of SDLT s.75A Case: The Tower One St George Wharf Ltd v Commissioners for His Majesty's Revenue and Customs [2025] EWCA Civ 1588...

Young Adult Dangerousness in Unlawful-Act Manslaughter: Criminal Record as the Key Differentiator Between Discretionary Life and an Extended Determinate Sentence

Date: Dec 12, 2025

Young Adult Dangerousness in Unlawful-Act Manslaughter: Criminal Record as the Key Differentiator Between Discretionary Life and an Extended Determinate Sentence 1. Introduction This decision of the...

Clear Non‑Contest Clauses and Waiver of Judicial Remedies in Cross‑Border Security Enforcement: Commentary on UNIK Bond SA v Catbalogan Holdings SARL [2025] EWCA Civ 1594

Date: Dec 11, 2025

Clear Non‑Contest Clauses and Waiver of Judicial Remedies in Cross‑Border Security Enforcement Commentary on UNIK Bond SA v Catbalogan Holdings SARL [2025] EWCA Civ 1594 1. Introduction 1.1. The core...

No Service Charge Recovery for Pre‑Existing Structural Defects under Right‑to‑Buy Leases: Tower Hamlets v Brewster & Malting House Leaseholders

Date: Dec 11, 2025

No Service Charge Recovery for Pre‑Existing Structural Defects under Right‑to‑Buy Leases Commentary on Mayor and Burgesses of the London Borough of Tower Hamlets v Various Leaseholders of Brewster...

Mather v Rattan: Reasonable Diligence, Reliance and Causation in Deceit

Date: Dec 11, 2025

Mather v Rattan: Reasonable Diligence, Reliance and Causation in Deceit 1. Introduction The Court of Appeal’s decision in Mather v Rattan [2025] EWCA Civ 1596 refines and consolidates several...