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  • Commentaries

England and Wales Case Commentaries

Distinguishing Roles in Aggregate Sentencing: Adjustments for Proportionality in Dual Shooting Offences

Distinguishing Roles in Aggregate Sentencing: Adjustments for Proportionality in Dual Shooting Offences

Date: Mar 1, 2025
Distinguishing Roles in Aggregate Sentencing: Adjustments for Proportionality in Dual Shooting Offences Introduction The case of Lawrence, R. v ([2025] EWCA Crim 181) addresses the complex issue of...
Balancing False Allegations and Litigation Costs in Children Act Proceedings: A New Approach

Balancing False Allegations and Litigation Costs in Children Act Proceedings: A New Approach

Date: Mar 1, 2025
Balancing False Allegations and Litigation Costs in Children Act Proceedings: A New Approach Introduction The judgment in E (Children: Costs) [2025] EWCA Civ 183 from the England and Wales Court of...
Curtis v R (EWCA Crim 276): Thresholds for Leave to Appeal and Fresh Evidence

Curtis v R (EWCA Crim 276): Thresholds for Leave to Appeal and Fresh Evidence

Date: Feb 28, 2025
Curtis v R (EWCA Crim 276): Thresholds for Leave to Appeal and Fresh Evidence Introduction In Curtis v R ([2025] EWCA Crim 276), the England & Wales Court of Appeal (Criminal Division) reaffirmed the...
Clarifying the Tribunal’s Duty to Identify Claims Not Clearly Pleaded

Clarifying the Tribunal’s Duty to Identify Claims Not Clearly Pleaded

Date: Feb 28, 2025
Clarifying the Tribunal’s Duty to Identify Claims Not Clearly Pleaded 1. Introduction The case of Moustache v Chelsea And Westminster Hospital NHS Foundation Trust ([2025] EWCA Civ 185) revolves...

        “Beyond the Tent”: The Court of Appeal Confirms a Broad Evidential Canvas for Child-Cruelty Charges 
        and Re-states the Wide Discretion to Take Partial Verdicts – Commentary on Marten & Anor v Rex 
        ([2025] EWCA Crim 241)

“Beyond the Tent”: The Court of Appeal Confirms a Broad Evidential Canvas for Child-Cruelty Charges and Re-states the Wide Discretion to Take Partial Verdicts – Commentary on Marten & Anor v Rex ([2025] EWCA Crim 241)

Date: Feb 28, 2025
“Beyond the Tent”: The Court of Appeal Confirms a Broad Evidential Canvas for Child-Cruelty Charges and Re-states the Wide Discretion to Take Partial Verdicts Commentary on Marten & Anor v Rex...
R v To [2025] EWCA Crim 275: Industrial-Scale Spice Conspiracies and the Totality Principle in Sentencing

R v To [2025] EWCA Crim 275: Industrial-Scale Spice Conspiracies and the Totality Principle in Sentencing

Date: Feb 28, 2025
R v To [2025] EWCA Crim 275: Industrial-Scale Spice Conspiracies and the Totality Principle in Sentencing Introduction This appeal arises from the England and Wales Court of Appeal (Criminal...
Zgonec-Rozej & Ors v Pereira: Clarification of the Primacy of the “But For” Test in Negligence

Zgonec-Rozej & Ors v Pereira: Clarification of the Primacy of the “But For” Test in Negligence

Date: Feb 27, 2025
Zgonec-Rozej & Ors v Pereira: Clarification of the Primacy of the “But For” Test in Negligence Introduction This case, Zgonec-Rozej & Ors v Pereira ([2025] EWCA Civ 171), arose from the tragic death...
Reinforcing Judicial Discretion: Managing Jury Conduct and Defendant Behavior in Sensitive Sexual Offence Trials

Reinforcing Judicial Discretion: Managing Jury Conduct and Defendant Behavior in Sensitive Sexual Offence Trials

Date: Feb 27, 2025
Reinforcing Judicial Discretion: Managing Jury Conduct and Defendant Behavior in Sensitive Sexual Offence Trials Introduction This commentary provides a detailed examination of McMahon, R. v ([2025]...
Unequivocal Indication Requirement for Maximum Guilty Plea Credit under the Sentencing Council’s Reduction Guideline

Unequivocal Indication Requirement for Maximum Guilty Plea Credit under the Sentencing Council’s Reduction Guideline

Date: Feb 27, 2025
Unequivocal Indication Requirement for Maximum Guilty Plea Credit under the Sentencing Council’s Reduction Guideline Introduction The Court of Appeal’s decision in R v Kabir ([2025] EWCA Crim 411)...
Rebalancing Sentencing in Domestic Abuse Cases: Elevating the Totality Principle in Controlling and Coercive Behaviour

Rebalancing Sentencing in Domestic Abuse Cases: Elevating the Totality Principle in Controlling and Coercive Behaviour

Date: Feb 27, 2025
Rebalancing Sentencing in Domestic Abuse Cases: Elevating the Totality Principle in Controlling and Coercive Behaviour Introduction The Judgment in Nesfield, R. v ([2025] EWCA Crim 233) presents a...
Clarifying Tenant Service Charge Obligations: Exclusion of Roof Repairs in Lease Agreements

Clarifying Tenant Service Charge Obligations: Exclusion of Roof Repairs in Lease Agreements

Date: Feb 27, 2025
Clarifying Tenant Service Charge Obligations: Exclusion of Roof Repairs in Lease Agreements Introduction The case of Plymouth Community Homes Ltd v Crisplane Ltd ([2025] EWCA Civ 346) addresses a...
Conforming Interpretation of Domestic Tax Legislation: Aligning DTR and EU Law in Revenue & Customs v Taxpayers

Conforming Interpretation of Domestic Tax Legislation: Aligning DTR and EU Law in Revenue & Customs v Taxpayers

Date: Feb 26, 2025
Conforming Interpretation of Domestic Tax Legislation: Aligning DTR and EU Law in Revenue & Customs v Taxpayers Introduction The Judgment in Revenue and Customs v The Applicants in the Post...
Castellucci v Gender Recognition Panel: Reaffirming the Binary Framework in Foreign-Acquired Gender Recognition

Castellucci v Gender Recognition Panel: Reaffirming the Binary Framework in Foreign-Acquired Gender Recognition

Date: Feb 26, 2025
Castellucci v Gender Recognition Panel: Reaffirming the Binary Framework in Foreign-Acquired Gender Recognition Introduction The case of Castellucci, R (On the Application Of) v Gender Recognition...
Establishing Judicial Accountability: Correcting Sentence Leniency in Robbery Cases

Establishing Judicial Accountability: Correcting Sentence Leniency in Robbery Cases

Date: Feb 26, 2025
Establishing Judicial Accountability: Correcting Sentence Leniency in Robbery Cases Introduction This commentary reviews the judgment of Mohamed, R. v ([2025] EWCA Crim 235) delivered by the England...
New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences

New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences

Date: Feb 26, 2025
New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences Introduction The judgment in BVQ, R. v ([2025] EWCA Crim 270), delivered by the England and Wales Court of...
Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989

Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989

Date: Feb 24, 2025
Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989 Introduction This commentary examines the Court of Appeal’s decision in M (Care Order: Risk: Family...
Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments

Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments

Date: Feb 24, 2025
Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments Introduction In Liberty Mutual Insurance Europe SE & Ors v Bath Racecourse Company Ltd &...
Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation

Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation

Date: Feb 24, 2025
Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation Introduction This commentary examines the Court of Appeal decision in Clarke v Guardian News &...
Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing

Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing

Date: Feb 22, 2025
Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing Introduction The judgment in Boltaev, R. v ([2025] EWCA Crim 207) represents a significant development in the...
Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C

Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C

Date: Feb 22, 2025
Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C Introduction The case of Tudor, R. v ([2025] EWCA Crim 225) presents a...
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