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  • Commentaries

England and Wales Case Commentaries

R v Hayes & Mack – Clarifying “Grave Injury” and Foreseeable Harm in Section 20 Sentencing

R v Hayes & Mack – Clarifying “Grave Injury” and Foreseeable Harm in Section 20 Sentencing

Date: Feb 21, 2025
R v Hayes & Mack – Clarifying “Grave Injury” and Foreseeable Harm in Section 20 Sentencing 1. Introduction The Court of Appeal (Criminal Division) in R v Hayes & Anor ([2025] EWCA Crim 750) revisited...
Balancing Child Welfare and Sentencing Severity: The New Test for Suspending High-Culpability Child-Cruelty Sentences – Commentary on BJR & AFW [2025] EWCA Crim 217

Balancing Child Welfare and Sentencing Severity: The New Test for Suspending High-Culpability Child-Cruelty Sentences – Commentary on BJR & AFW [2025] EWCA Crim 217

Date: Feb 21, 2025
Balancing Child Welfare and Sentencing Severity: The New Test for Suspending High-Culpability Child-Cruelty Sentences – Commentary on BJR & AFW [2025] EWCA Crim 217 1. Introduction The Court of...
Smith, R. v. [2025] EWCA Crim 221: Establishing Proportionality and Discretion in Sentencing for Persistent Offending

Smith, R. v. [2025] EWCA Crim 221: Establishing Proportionality and Discretion in Sentencing for Persistent Offending

Date: Feb 21, 2025
Smith, R. v. [2025] EWCA Crim 221: Establishing Proportionality and Discretion in Sentencing for Persistent Offending Introduction The case of Smith, R. v. [2025] EWCA Crim 221 involves an appeal by...
Clarifying the Limits of Article 4 Obligations in School Exclusions

Clarifying the Limits of Article 4 Obligations in School Exclusions

Date: Feb 20, 2025
Clarifying the Limits of Article 4 Obligations in School Exclusions 1. Introduction This commentary examines the Court of Appeal’s decision in RWU, R (on the application of) v The Governing Body of A...
When “Wholly Enforceable” Means Waiver of Immunity: A New Principle in Enforcing Arbitration Awards Against States

When “Wholly Enforceable” Means Waiver of Immunity: A New Principle in Enforcing Arbitration Awards Against States

Date: Feb 20, 2025
When “Wholly Enforceable” Means Waiver of Immunity: A New Principle in Enforcing Arbitration Awards Against States 1. Introduction The case of General Dynamics United Kingdom Ltd v The State of Libya...
Ensuring Rigorous Standards in Sexual Offence Trials: Juror Competence and Evidentiary Precision in Rycroft’s Appeal

Ensuring Rigorous Standards in Sexual Offence Trials: Juror Competence and Evidentiary Precision in Rycroft’s Appeal

Date: Feb 20, 2025
Ensuring Rigorous Standards in Sexual Offence Trials: Juror Competence and Evidentiary Precision in Rycroft’s Appeal Introduction The case of Rycroft, R. v ([2025] EWCA Crim 231) brought forth in the...
Defining the Moment of Criminality: The Dawn of a New Precedent in Fraud-Related Money Laundering

Defining the Moment of Criminality: The Dawn of a New Precedent in Fraud-Related Money Laundering

Date: Feb 20, 2025
Defining the Moment of Criminality: The Dawn of a New Precedent in Fraud-Related Money Laundering Introduction The Judgment in Kamran, R. v ([2025] EWCA Crim 247) represents an important evolution in...
The Sharp-Meade Principle: Excluding Future Risk and Overlapping Youth–Mental-Disorder Mitigation in Life-Sentence Minimum Terms

The Sharp-Meade Principle: Excluding Future Risk and Overlapping Youth–Mental-Disorder Mitigation in Life-Sentence Minimum Terms

Date: Feb 20, 2025
The Sharp-Meade Principle: Excluding Future Risk and Overlapping Youth–Mental-Disorder Mitigation in Life-Sentence Minimum Terms 1. Introduction In R v Sharp-Meade ([2025] EWCA Crim 568) the Court of...
Judicial Discretion and the Limits of Sentence Suspension: Clarifying Section 36 Applications

Judicial Discretion and the Limits of Sentence Suspension: Clarifying Section 36 Applications

Date: Feb 20, 2025
Judicial Discretion and the Limits of Sentence Suspension: Clarifying Section 36 Applications Introduction The case of Bradley, R. v ([2025] EWCA Crim 234) before the England and Wales Court of...
New Precedent: The Imperative for Cogent Evidence in Departing from Country Guidance on Article 3 Deportation Cases

New Precedent: The Imperative for Cogent Evidence in Departing from Country Guidance on Article 3 Deportation Cases

Date: Feb 19, 2025
New Precedent: The Imperative for Cogent Evidence in Departing from Country Guidance on Article 3 Deportation Cases Introduction The case of Secretary of State for the Home Department v PG ([2025]...
A v DBS ([2025] EWCA Civ 124): Reinforcing the 'Might in the Future' Test in Safeguarding Regulated Activity

A v DBS ([2025] EWCA Civ 124): Reinforcing the 'Might in the Future' Test in Safeguarding Regulated Activity

Date: Feb 19, 2025
A v DBS ([2025] EWCA Civ 124): Reinforcing the "Might in the Future" Test in Safeguarding Regulated Activity Introduction The case of A v Disclosure and Barring Service ([2025] EWCA Civ 124) revisits...
Judicial Clarification on Age Assessment in Immigration Cases: The Precedent of AI, R (On the Application Of) v West Berkshire Council

Judicial Clarification on Age Assessment in Immigration Cases: The Precedent of AI, R (On the Application Of) v West Berkshire Council

Date: Feb 19, 2025
Judicial Clarification on Age Assessment in Immigration Cases: The Precedent of AI, R (On the Application Of) v West Berkshire Council Introduction The case of AI, R (On the Application Of) v West...
Separation of Legal Claims in Health-Based Integration Appeals: A New Paradigm in AA (Morocco) v SSHD

Separation of Legal Claims in Health-Based Integration Appeals: A New Paradigm in AA (Morocco) v SSHD

Date: Feb 19, 2025
Separation of Legal Claims in Health-Based Integration Appeals: A New Paradigm in AA (Morocco) v SSHD Introduction The case of AA (Morocco) v Secretary of State for the Home Department ([2025] EWCA...
Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy

Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy

Date: Feb 19, 2025
Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy Introduction The case of West Sussex County Council v AB & Anor ([2025] EWCA Civ...
Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A

Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A

Date: Feb 19, 2025
Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A Introduction The case of Barone, R. v ([2025] EWCA Crim 125) represents a significant judicial intervention...
Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement

Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement

Date: Feb 19, 2025
Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement Introduction The Judgment in Working on Wellbeing Ltd t/a Optima Health v Secretary of State for Work and...
Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test

Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test

Date: Feb 19, 2025
Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test Introduction The case of A Taxpayer v Commissioners for His Majesty's Revenue and Customs...
The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing

The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing

Date: Feb 19, 2025
The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing Introduction R v GMB (2025] EWCA Crim 414) is an appeal against sentence heard by the England and...
Clarifying Extended Sentence Allocation in Sexual Offence Cases: Commentary on FPK, R. v ([2025] EWCA Crim 237)

Clarifying Extended Sentence Allocation in Sexual Offence Cases: Commentary on FPK, R. v ([2025] EWCA Crim 237)

Date: Feb 15, 2025
Clarifying Extended Sentence Allocation in Sexual Offence Cases Introduction The Judgment in FPK, R. v ([2025] EWCA Crim 237) represents a significant decision by the England and Wales Court of...
R v Paske [2025] EWCA Crim 180: Encrypted Communications as an Aggravating Factor and the Limits of Guilty Plea Credit in EncroChat Conspiracies

R v Paske [2025] EWCA Crim 180: Encrypted Communications as an Aggravating Factor and the Limits of Guilty Plea Credit in EncroChat Conspiracies

Date: Feb 14, 2025
R v Paske [2025] EWCA Crim 180: Encrypted Communications as an Aggravating Factor and the Limits of Guilty Plea Credit in EncroChat Conspiracies Court: England and Wales Court of Appeal (Criminal...
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