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  • Commentaries

England and Wales Case Commentaries

Apply the Totality Uplift Before the Guilty Plea Discount: Sentencing Sequence Clarified in R v Gaidamavicias & Anor [2025] EWCA Crim 1416

Apply the Totality Uplift Before the Guilty Plea Discount: Sentencing Sequence Clarified in R v Gaidamavicias & Anor [2025] EWCA Crim 1416

Date: Sep 17, 2025
Apply the Totality Uplift Before the Guilty Plea Discount: Sentencing Sequence Clarified in R v Gaidamavicias & Anor [2025] EWCA Crim 1416 Introduction In R v Gaidamavicias & Anor [2025] EWCA Crim...
Unduly Lenient Means Gross Error: Court of Appeal reaffirms narrow scope of section 36 references in Category 1A child sex cases (R v Kenyon [2025] EWCA Crim 1238)

Unduly Lenient Means Gross Error: Court of Appeal reaffirms narrow scope of section 36 references in Category 1A child sex cases (R v Kenyon [2025] EWCA Crim 1238)

Date: Sep 13, 2025
Unduly Lenient Means Gross Error: Court of Appeal reaffirms narrow scope of section 36 references in Category 1A child sex cases (R v Kenyon [2025] EWCA Crim 1238) Introduction This commentary...
Causation-Limited “Other Resultant Losses” under the 2001 Criminal Injuries Compensation Scheme: Stephenson v FTT [2025] EWCA Civ 1160

Causation-Limited “Other Resultant Losses” under the 2001 Criminal Injuries Compensation Scheme: Stephenson v FTT [2025] EWCA Civ 1160

Date: Sep 13, 2025
Causation-Limited “Other Resultant Losses” under the 2001 Criminal Injuries Compensation Scheme Stephenson v First-Tier Tribunal (Social Entitlement Chamber) [2025] EWCA Civ 1160 Introduction This...
R v Lindley [2025] EWCA Crim 1213: No Newton Hearing Where Alleged Prior False Allegations Would Not Materially Affect Sentence; Delayed “Provocation” Is Not Significant Mitigation for Attempted Murder

R v Lindley [2025] EWCA Crim 1213: No Newton Hearing Where Alleged Prior False Allegations Would Not Materially Affect Sentence; Delayed “Provocation” Is Not Significant Mitigation for Attempted Murder

Date: Sep 12, 2025
R v Lindley [2025] EWCA Crim 1213: No Newton Hearing Where Alleged Prior False Allegations Would Not Materially Affect Sentence; Delayed “Provocation” Is Not Significant Mitigation for Attempted...
Howells [2025] EWCA Crim 1237: Disapplying the “third‑strike” minimum for Class A supply does not justify a non‑custodial sentence—guidelines still require custody and suspended terms should ordinarily be activated (with totality achieved via uplift and concurrency)

Howells [2025] EWCA Crim 1237: Disapplying the “third‑strike” minimum for Class A supply does not justify a non‑custodial sentence—guidelines still require custody and suspended terms should ordinarily be activated (with totality achieved via uplift and concurrency)

Date: Sep 12, 2025
Howells [2025] EWCA Crim 1237: Disapplying the “third‑strike” minimum for Class A supply does not justify a non‑custodial sentence—guidelines still require custody and suspended terms should...
Alhayali: “Sufficiently Close” Is a Tribunal Fact‑Evaluation, Not a Pure Question of Law, in Embassy Employment Immunity; Doubts Cast on Aziz and on Using s.5 to Bypass s.4

Alhayali: “Sufficiently Close” Is a Tribunal Fact‑Evaluation, Not a Pure Question of Law, in Embassy Employment Immunity; Doubts Cast on Aziz and on Using s.5 to Bypass s.4

Date: Sep 12, 2025
Alhayali: “Sufficiently Close” Is a Tribunal Fact‑Evaluation, Not a Pure Question of Law, in Embassy Employment Immunity; Doubts Cast on Aziz and on Using s.5 to Bypass s.4 Introduction In Royal...
Kurtaj v R [2025] EWCA Crim 1163: Authority and Funding for Appeals by the Unfit to Plead, and Fairness Limits on Using Prior Convictions as Propensity in s4A Trials

Kurtaj v R [2025] EWCA Crim 1163: Authority and Funding for Appeals by the Unfit to Plead, and Fairness Limits on Using Prior Convictions as Propensity in s4A Trials

Date: Sep 12, 2025
Kurtaj v R [2025] EWCA Crim 1163: Authority and Funding for Appeals by the Unfit to Plead, and Fairness Limits on Using Prior Convictions as Propensity in s4A Trials Introduction This Court of Appeal...
R v Masih & Singh [2025] EWCA Crim 1236: Upward departures in money laundering sentences when underlying drugs harm is identifiable (Ogden-calibrated approach affirmed)

R v Masih & Singh [2025] EWCA Crim 1236: Upward departures in money laundering sentences when underlying drugs harm is identifiable (Ogden-calibrated approach affirmed)

Date: Sep 11, 2025
Upward departures in money-laundering sentencing where underlying drugs harm is identifiable: Court of Appeal affirms Ogden-calibrated approach in R v Masih & Singh [2025] EWCA Crim 1236 Citation: R...
Unduly Lenient References: Appellate Deference to Charge Framing and the Suspendability of Category C “Production” Offences — R v Hargrave [2025] EWCA Crim 1233

Unduly Lenient References: Appellate Deference to Charge Framing and the Suspendability of Category C “Production” Offences — R v Hargrave [2025] EWCA Crim 1233

Date: Sep 10, 2025
Unduly Lenient References: Appellate Deference to Charge Framing and the Suspendability of Category C “Production” Offences — R v Hargrave [2025] EWCA Crim 1233 Introduction This commentary analyses...
No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159

No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159

Date: Sep 10, 2025
No Collateral Article 10 Defence to Breach of Court of Protection Injunctions: Immediate Custody for Repeated, Knowing Contempt — Macpherson v Sunderland City Council [2025] EWCA Civ 1159...
R v Mikolajczyk [2025] EWCA Crim 1232: A stringent “interests of justice” standard for 12‑year out‑of‑time appeals and the limits on re-trying jury verdicts

R v Mikolajczyk [2025] EWCA Crim 1232: A stringent “interests of justice” standard for 12‑year out‑of‑time appeals and the limits on re-trying jury verdicts

Date: Sep 10, 2025
R v Mikolajczyk [2025] EWCA Crim 1232: A stringent “interests of justice” standard for 12‑year out‑of‑time appeals and the limits on re-trying jury verdicts Introduction In R v Mikolajczyk [2025]...
R v Bergstrom [2025] EWCA Crim 1301: Voluntary Desistance Requires a Significant Step‑Two Downward Adjustment Under s.10 Guideline, Balanced by Aggravation and Totality

R v Bergstrom [2025] EWCA Crim 1301: Voluntary Desistance Requires a Significant Step‑Two Downward Adjustment Under s.10 Guideline, Balanced by Aggravation and Totality

Date: Sep 10, 2025
R v Bergstrom [2025] EWCA Crim 1301: Voluntary Desistance Requires a Significant Step‑Two Downward Adjustment Under s.10 Guideline, Balanced by Aggravation and Totality Introduction This commentary...
Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases

Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases

Date: Sep 8, 2025
Patel v R: Post‑Brexit closure of EU free‑movement defences to cannabis importation and the confinement of Margiotta to proven low‑THC cases Court: Court of Appeal (Criminal Division), England and...
Evans v R: OSGs Can Be Public Officers; Likely Consequences, Not Proven Harm, Define Seriousness in Misconduct in Public Office

Evans v R: OSGs Can Be Public Officers; Likely Consequences, Not Proven Harm, Define Seriousness in Misconduct in Public Office

Date: Sep 8, 2025
Evans v R: OSGs Can Be Public Officers; Likely Consequences, Not Proven Harm, Define Seriousness in Misconduct in Public Office Introduction In Evans v R ([2025] EWCA Crim 1150), the Court of Appeal...
Potanina v Potanin (No. 2): Aligning the Part III Leave Threshold with a “Real Prospect of Success” and confirming (pre‑Brexit) Maintenance Regulation constraints on forum objections

Potanina v Potanin (No. 2): Aligning the Part III Leave Threshold with a “Real Prospect of Success” and confirming (pre‑Brexit) Maintenance Regulation constraints on forum objections

Date: Sep 6, 2025
Potanina v Potanin (No. 2): Aligning the Part III Leave Threshold with a “Real Prospect of Success” and confirming (pre‑Brexit) Maintenance Regulation constraints on forum objections Introduction...
R v Thorpe [2025] EWCA Crim 1334: Corrosive Substances (s.6 OWA 2019) Sentenced by Analogy with the Bladed/Offensive Weapons Guideline; Recall Time Not a Basis for Sentence Reduction

R v Thorpe [2025] EWCA Crim 1334: Corrosive Substances (s.6 OWA 2019) Sentenced by Analogy with the Bladed/Offensive Weapons Guideline; Recall Time Not a Basis for Sentence Reduction

Date: Sep 6, 2025
R v Thorpe [2025] EWCA Crim 1334: Corrosive Substances (s.6 OWA 2019) Sentenced by Analogy with the Bladed/Offensive Weapons Guideline; Recall Time Not a Basis for Sentence Reduction Introduction In...
EAC v The King: Post‑Retirement Jury Information and Time‑Limited Child‑Cruelty Sentencing — Neutrality, Non‑Prejudice and Downward Adjustment

EAC v The King: Post‑Retirement Jury Information and Time‑Limited Child‑Cruelty Sentencing — Neutrality, Non‑Prejudice and Downward Adjustment

Date: Sep 4, 2025
EAC v The King: Post‑Retirement Jury Information and Time‑Limited Child‑Cruelty Sentencing — Neutrality, Non‑Prejudice and Downward Adjustment Introduction This commentary examines the Court of...
Somani Hotels: Court of Appeal clarifies “desirable” joinder of the Home Secretary and a status‑quo preference for s.187B planning injunctions affecting asylum accommodation

Somani Hotels: Court of Appeal clarifies “desirable” joinder of the Home Secretary and a status‑quo preference for s.187B planning injunctions affecting asylum accommodation

Date: Sep 4, 2025
Somani Hotels: Court of Appeal clarifies “desirable” joinder of the Home Secretary and a status‑quo preference for s.187B planning injunctions affecting asylum accommodation Introduction In Somani...
No English Winding-Up of SICAV “Dedicated Funds”: Compartment Is Not an “Association” under Insolvency Act 1986 s 220

No English Winding-Up of SICAV “Dedicated Funds”: Compartment Is Not an “Association” under Insolvency Act 1986 s 220

Date: Sep 4, 2025
No English Winding-Up of SICAV “Dedicated Funds”: Compartment Is Not an “Association” under Insolvency Act 1986 s 220 Introduction This Court of Appeal decision in East Riding of Yorkshire Council...
Substance Over Form: Polygraph and Relationship-Disclosure Conditions in SHPOs Are Positive Requirements Triggering s347A Safeguards — XBV, R. v [2025] EWCA Crim 1320

Substance Over Form: Polygraph and Relationship-Disclosure Conditions in SHPOs Are Positive Requirements Triggering s347A Safeguards — XBV, R. v [2025] EWCA Crim 1320

Date: Sep 4, 2025
Substance Over Form: Polygraph and Relationship-Disclosure Conditions in SHPOs Are Positive Requirements Triggering s347A Safeguards — XBV, R. v [2025] EWCA Crim 1320 Introduction This commentary...
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