England and Wales Case Commentaries

Khan v Khan: No fraud or gratuity required—Acquisition constructive trusts clarified; post‑acquisition emails can satisfy s53(1)(b) LPA 1925

Date: Nov 19, 2025

Khan v Khan: No fraud or gratuity required—Acquisition constructive trusts clarified; post‑acquisition emails can satisfy s53(1)(b) LPA 1925 Court: England and Wales Court of Appeal (Civil Division)...

Substance Over Form in IPEC Applications and a Restrained Threshold for “Unreasonable Behaviour” Costs: Commentary on Costa v Dissociadid Ltd & Anor [2025] EWCA Civ 1475

Date: Nov 19, 2025

Substance Over Form in IPEC Applications and a Restrained Threshold for “Unreasonable Behaviour” Costs: Costa v Dissociadid Ltd & Anor [2025] EWCA Civ 1475 Introduction This Court of Appeal decision...

R v Barnes [2025] EWCA Crim 1686: Adjusting Sentences for Section 14 Child Sex Offences When Intended Abuse Does Not Occur

Date: Nov 19, 2025

R v Barnes [2025] EWCA Crim 1686: Adjusting Sentences for Section 14 Child Sex Offences When Intended Abuse Does Not Occur 1. Introduction The decision in Barnes, R. v [2025] EWCA Crim 1686 is a...

Constraining Category A Culpability in Causing Death by Dangerous Driving and the Limits of Attorney General’s References: Commentary on R v Muldoon [2025] EWCA Crim 1595

Date: Nov 19, 2025

Constraining Category A Culpability in Causing Death by Dangerous Driving and the Limits of Attorney General’s References: Commentary on R v Muldoon [2025] EWCA Crim 1595 1. Introduction This...

R v Cobley [2025] EWCA Crim 1592: Genuine Intent vs Sexual Fantasy in Online Child Sex Stings and Sentencing Where the “Child” Is Fictitious

Date: Nov 19, 2025

R v Cobley [2025] EWCA Crim 1592: Genuine Intent vs Sexual Fantasy in Online Child Sex Stings and Sentencing Where the “Child” Is Fictitious 1. Introduction R v Cobley [2025] EWCA Crim 1592 concerns...

Reflecting Separate Harm to Multiple Child Victims in Historical Sexual Offence Sentencing: Commentary on R v Hopcroft [2025] EWCA Crim 1598

Date: Nov 19, 2025

Reflecting Separate Harm to Multiple Child Victims in Historical Sexual Offence Sentencing: Commentary on R v Hopcroft [2025] EWCA Crim 1598 1. Introduction This commentary examines the decision of...

Sharma v University of Nottingham: Common‑law Fairness, Not the Equality Act, Governs Disability Adjustments in Judicial Proceedings, and Adjustments Should Be Determined Proximately to the Hearing

Date: Nov 17, 2025

Sharma v University of Nottingham: Common‑law Fairness, Not the Equality Act, Governs Disability Adjustments in Judicial Proceedings, and Adjustments Should Be Determined Proximately to the Hearing...

Osipov Confirmed and Extended: dismissal-as-detriment whistleblowing claims may proceed against employers without joining co‑workers

Date: Nov 17, 2025

Osipov Confirmed and Extended: dismissal-as-detriment whistleblowing claims may proceed against employers without joining co‑workers Introduction In Rice v Wicked Vision Ltd; Barton Turns v Treadwell...

No Contempt for “Spirit of the Order”: An Injunction Respondent Is Liable Only for Breaching the Order’s Terms — FW Aviation (Holdings) 1 Ltd v VietJet [2025] EWCA Civ 1458

Date: Nov 17, 2025

No Contempt for “Spirit of the Order”: An Injunction Respondent Is Liable Only for Breaching the Order’s Terms Case: FW Aviation (Holdings) 1 Ltd v VietJet Aviation Joint Stock Company [2025] EWCA...

No Judicial Notice of Sunday Post Office Hours: The Court of Appeal on the Limits of Judicial Notice, Procedural Fairness, and Fresh Evidence in Immigration Judicial Review — Baparee v Secretary of State [2025] EWCA Civ 1464

Date: Nov 17, 2025

No Judicial Notice of Sunday Post Office Hours: The Court of Appeal on the Limits of Judicial Notice, Procedural Fairness, and Fresh Evidence in Immigration Judicial Review Case: Baparee, R (On the...

Unfunded UURBS Promises Are Outside s.1290 CTA 2009: Deductibility Turns on Purpose under s.54 CTA 2009

Date: Nov 17, 2025

Unfunded UURBS Promises Are Outside s.1290 CTA 2009: Deductibility Turns on Purpose under s.54 CTA 2009 Introduction In AD Bly Groundworks and Civil Engineering Ltd & Anor v Revenue and Customs...

Residual Credit for Guilty Pleas Entered After the Trial Has Begun: Commentary on R v Szczerbacz [2025] EWCA Crim 1576

Date: Nov 15, 2025

Residual Credit for Guilty Pleas Entered After the Trial Has Begun: Commentary on R v Szczerbacz [2025] EWCA Crim 1576 1. Introduction R v Szczerbacz [2025] EWCA Crim 1576 is a Court of Appeal...

Smith, R. v — Single Guideline Starting Point in Concurrent Multi-Count Drug Conspiracy Sentencing and the High Bar for “Manifestly Excessive” Appeals

Date: Nov 15, 2025

Smith, R. v — Single Guideline Starting Point in Concurrent Multi-Count Drug Conspiracy Sentencing and the High Bar for “Manifestly Excessive” Appeals 1. Introduction Smith, R. v [2025] EWCA Crim...

“Deportation” Encompasses Ongoing Exclusion: Section 117C Applies to Revocation Appeals from Abroad — Commentary on Nguyen v Secretary of State for the Home Department [2025] EWCA Civ 1452

Date: Nov 14, 2025

“Deportation” Encompasses Ongoing Exclusion: Section 117C Applies to Revocation Appeals from Abroad Commentary on Nguyen v Secretary of State for the Home Department [2025] EWCA Civ 1452 Introduction...

Protective Measures Must Be Effective in the Requesting State: Foreign Order Undermining Safeguards is a Fundamental Change Justifying Reconsideration of a Hague Return (R (Children) [2025] EWCA Civ 1426)

Date: Nov 14, 2025

Protective Measures Must Be Effective in the Requesting State: Foreign Order Undermining Safeguards is a Fundamental Change Justifying Reconsideration of a Hague Return Introduction This commentary...

Planning–Licensing Harmony and the Limits of Class B: Haytop Country Park v Amber Valley BC [2025] EWCA Civ 1442

Date: Nov 14, 2025

“Planning–Licensing Harmony” and the Limits of Class B: A Definitive Clarification of ‘Purely Planning Considerations’ in Caravan Site Licensing Introduction This Court of Appeal judgment addresses a...

No Domestic Foothold Where SELC Is Disapplied: Court of Appeal narrows treaty- and CIL-based challenges to national security export decisions

Date: Nov 14, 2025

No Domestic Foothold Where SELC Is Disapplied: Court of Appeal narrows treaty- and CIL-based challenges to national security export decisions Introduction In Al-Haq, R (On the Application Of) v...

R v Corner [2025] EWCA Crim 1647: Mental Health, Voluntary Intoxication and Sentencing for Domestic Attempted Murder

Date: Nov 14, 2025

R v Corner [2025] EWCA Crim 1647: Mental Health, Voluntary Intoxication and Sentencing for Domestic Attempted Murder 1. Introduction This commentary analyses the decision of the England and Wales...

Ahmed, R. v — IPP Wrong in Principle Where Judge Fails to Consider Extended Sentence After 14 July 2008 Amendments

Date: Nov 14, 2025

IPP Wrong in Principle Where Judge Fails to Consider Extended Sentence After 14 July 2008 Amendments Case: Ahmed, R. v ([2025] EWCA Crim 1572) Court: England and Wales Court of Appeal (Criminal...

IPP as “Second-Last Resort”: Sentencers Must Expressly Consider and Explain Why an Extended Determinate Sentence Is Insufficient

Date: Nov 14, 2025

IPP as “Second-Last Resort”: Sentencers Must Expressly Consider and Explain Why an Extended Determinate Sentence Is Insufficient 1. Introduction R v Wilkinson ([2025] EWCA Crim 1573) concerned a very...