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  • Commentaries

England and Wales Case Commentaries

No “Wet Signature” Needed: R v Hayes [2025] EWCA Crim 1312 clarifies warrant validity, limits post‑plea challenges, and affirms consecutive sentencing for justice‑perverting conduct

No “Wet Signature” Needed: R v Hayes [2025] EWCA Crim 1312 clarifies warrant validity, limits post‑plea challenges, and affirms consecutive sentencing for justice‑perverting conduct

Date: Sep 3, 2025
No “Wet Signature” Needed: R v Hayes [2025] EWCA Crim 1312 clarifies warrant validity, limits post‑plea challenges, and affirms consecutive sentencing for justice‑perverting conduct Introduction This...
Clarifying the Youth‑Maxima Ceiling and Permissible Use of Adult Guideline Starting Points in Historic Child‑Perpetrated Sexual Offences: Commentary on VPT, R v [2025] EWCA Crim 1187

Clarifying the Youth‑Maxima Ceiling and Permissible Use of Adult Guideline Starting Points in Historic Child‑Perpetrated Sexual Offences: Commentary on VPT, R v [2025] EWCA Crim 1187

Date: Sep 3, 2025
Clarifying the Youth‑Maxima Ceiling and Permissible Use of Adult Guideline Starting Points in Historic Child‑Perpetrated Sexual Offences Introduction This commentary examines the Court of Appeal...
In‑Proceedings Reporting Restrictions at Common Law: PMC v A Local Health Board [2025] EWCA Civ 1126

In‑Proceedings Reporting Restrictions at Common Law: PMC v A Local Health Board [2025] EWCA Civ 1126

Date: Aug 31, 2025
In‑Proceedings Reporting Restrictions at Common Law: PMC v A Local Health Board [2025] EWCA Civ 1126 Introduction The Court of Appeal’s decision in PMC v A Local Health Board ([2025] EWCA Civ 1126)...
R v Mercer [2025] EWCA Crim 1197: Caring Motives Do Not Mitigate Persistent Breaches of Protective Orders; Remand Credit Clarified and Uplifts for Multiple Breaches Affirmed

R v Mercer [2025] EWCA Crim 1197: Caring Motives Do Not Mitigate Persistent Breaches of Protective Orders; Remand Credit Clarified and Uplifts for Multiple Breaches Affirmed

Date: Aug 30, 2025
R v Mercer [2025] EWCA Crim 1197: Caring Motives Do Not Mitigate Persistent Breaches of Protective Orders; Remand Credit Clarified and Uplifts for Multiple Breaches Affirmed England and Wales Court...
R v ICG [2025] EWCA Crim 1196: Limited Discount for Attempted Rape Where Completion Was Thwarted by Interruption, With Lead-Count Uplift to Reflect Concurrent Penetrative Offences; Consecutive Sentences for Distinct Episodes Reaffirmed

R v ICG [2025] EWCA Crim 1196: Limited Discount for Attempted Rape Where Completion Was Thwarted by Interruption, With Lead-Count Uplift to Reflect Concurrent Penetrative Offences; Consecutive Sentences for Distinct Episodes Reaffirmed

Date: Aug 30, 2025
R v ICG [2025] EWCA Crim 1196: Limited Discount for Attempted Rape Where Completion Was Thwarted by Interruption, With Lead-Count Uplift to Reflect Concurrent Penetrative Offences; Consecutive...
R v Peters [2025] EWCA Crim 1175: Standalone violent disorder in a fatal incident—Category 1A (4‑year) starting point affirmed and no parity with “academic” concurrent sentences

R v Peters [2025] EWCA Crim 1175: Standalone violent disorder in a fatal incident—Category 1A (4‑year) starting point affirmed and no parity with “academic” concurrent sentences

Date: Aug 28, 2025
R v Peters [2025] EWCA Crim 1175: Standalone violent disorder in a fatal incident—Category 1A (4‑year) starting point affirmed and no parity with “academic” concurrent sentences Court: England and...
“Content-First Exclusion” in Electronic Communications Services: A Commentary on Sky UK Ltd v Ofcom [2025] EWCA Civ 1118

“Content-First Exclusion” in Electronic Communications Services: A Commentary on Sky UK Ltd v Ofcom [2025] EWCA Civ 1118

Date: Aug 25, 2025
“Content-First Exclusion” in Electronic Communications Services: A Structured Commentary on Sky UK Ltd v The Office of Communications ([2025] EWCA Civ 1118) 1. Introduction On 22 August 2025 the...

        S (A Child): The Court of Appeal Re-Aligns the Article 13(b) Test – Cumulative Risk,
        Vulnerable Children and the Limits of “Immediate Harm”

S (A Child): The Court of Appeal Re-Aligns the Article 13(b) Test – Cumulative Risk, Vulnerable Children and the Limits of “Immediate Harm”

Date: Aug 25, 2025
S (A Child) (Abduction: Article 13(b)) – Court of Appeal Clarifies the Correct, Holistic Test for “Grave Risk” and the Inadequacy of Abstract Protective Measures 1. Introduction In S (A Child)...
Farley v Paymaster (2025):  No-Disclosure Infringement, “Well-Founded Fear” Test, and the Rejection of a Seriousness Threshold under Article 82 GDPR

Farley v Paymaster (2025): No-Disclosure Infringement, “Well-Founded Fear” Test, and the Rejection of a Seriousness Threshold under Article 82 GDPR

Date: Aug 25, 2025
Farley & Ors v Paymaster (1836) Ltd (t/a Equiniti) [2025] EWCA Civ 1117— No Need for Third-Party Disclosure; No “Seriousness” Threshold; Compensation for “Well-Founded Fear” under GDPR 1....
Bad Character to Prove Identity and Purpose: Preference for s101(1)(d) over s101(1)(c) in Phone‑Assisted “Encouraging or Assisting” Offences — R v Doughty [2025] EWCA Crim 1225

Bad Character to Prove Identity and Purpose: Preference for s101(1)(d) over s101(1)(c) in Phone‑Assisted “Encouraging or Assisting” Offences — R v Doughty [2025] EWCA Crim 1225

Date: Aug 23, 2025
Bad Character to Prove Identity and Purpose: Preference for s101(1)(d) over s101(1)(c) in Phone‑Assisted “Encouraging or Assisting” Offences — R v Doughty [2025] EWCA Crim 1225 Introduction This...
R v AGP [2025] EWCA Crim 1364: Denial and victim‑blaming alone are insufficient to justify an extended sentence; sentencers must be positively satisfied of “significant risk” and consider SHPOs as alternatives

R v AGP [2025] EWCA Crim 1364: Denial and victim‑blaming alone are insufficient to justify an extended sentence; sentencers must be positively satisfied of “significant risk” and consider SHPOs as alternatives

Date: Aug 23, 2025
R v AGP [2025] EWCA Crim 1364: Denial and victim‑blaming alone are insufficient to justify an extended sentence; sentencers must be positively satisfied of “significant risk” and consider SHPOs as...
R v Blackmore [2025] EWCA Crim 1365: Totality on Sequential Sentences for Overlapping Historic Sexual Offences Is a Discretionary, Not Automatic, Recalculation

R v Blackmore [2025] EWCA Crim 1365: Totality on Sequential Sentences for Overlapping Historic Sexual Offences Is a Discretionary, Not Automatic, Recalculation

Date: Aug 22, 2025
R v Blackmore [2025] EWCA Crim 1365: Totality on Sequential Sentences for Overlapping Historic Sexual Offences Is a Discretionary, Not Automatic, Recalculation Introduction This appeal from the Crown...
R v Subeir [2025] EWCA Crim 1366: Duration of Involvement Does Not Determine “Role” Category in Class A Supply Sentencing

R v Subeir [2025] EWCA Crim 1366: Duration of Involvement Does Not Determine “Role” Category in Class A Supply Sentencing

Date: Aug 20, 2025
R v Subeir [2025] EWCA Crim 1366: Duration of Involvement Does Not Determine “Role” Category in Class A Supply Sentencing Introduction This appeal from the England and Wales Court of Appeal (Criminal...
“Hollow” Cross-Undertakings and Operational-Control Injunctions: A Commentary on Yodel Delivery Network Ltd v Corlett & Ors [2025] EWCA Civ 1108

“Hollow” Cross-Undertakings and Operational-Control Injunctions: A Commentary on Yodel Delivery Network Ltd v Corlett & Ors [2025] EWCA Civ 1108

Date: Aug 18, 2025
“Hollow” Cross-Undertakings and Operational-Control Injunctions: A Commentary on Yodel Delivery Network Ltd v Corlett & Others [2025] EWCA Civ 1108 1. Introduction The Court of Appeal’s decision in...
Judicial Primacy over Medical Consensus in s41 Restriction Orders: Clarification in R v Gordon [2025] EWCA Crim 1194

Judicial Primacy over Medical Consensus in s41 Restriction Orders: Clarification in R v Gordon [2025] EWCA Crim 1194

Date: Aug 16, 2025
Judicial Primacy over Medical Consensus in s41 Restriction Orders: Clarification in R v Gordon [2025] EWCA Crim 1194 Introduction This commentary analyses the Court of Appeal (Criminal Division)...
Smalling-Small v Home Office West Midlands: Clarifying Section 9 HRA Claims and the Threshold for Limited Civil Restraint Orders

Smalling-Small v Home Office West Midlands: Clarifying Section 9 HRA Claims and the Threshold for Limited Civil Restraint Orders

Date: Aug 15, 2025
Smalling-Small v Home Office West Midlands: Clarifying Section 9 Human Rights Act Claims and the Threshold for Limited Civil Restraint Orders 1. Introduction In Smalling-Small v Home Office West...
The “Petrofac Costs Principle” – Rigorous Scrutiny and Detailed Justification for Interim Payments on Account in Restructuring-Plan Litigation

The “Petrofac Costs Principle” – Rigorous Scrutiny and Detailed Justification for Interim Payments on Account in Restructuring-Plan Litigation

Date: Aug 15, 2025
The “Petrofac Costs Principle” – Rigorous Scrutiny and Detailed Justification for Interim Payments on Account in Restructuring-Plan Litigation 1. Introduction In Petrofac Ltd (Costs), Re ([2025] EWCA...
Binding Contracts by Mixed Digital Communications: Commentary on DAZN Ltd v Coupang Corp [2025] EWCA Civ 1083

Binding Contracts by Mixed Digital Communications: Commentary on DAZN Ltd v Coupang Corp [2025] EWCA Civ 1083

Date: Aug 11, 2025
Binding Contracts by Mixed Digital Communications: The New Precedent from DAZN Ltd v Coupang Corp [2025] EWCA Civ 1083 1. Introduction The Court of Appeal’s decision in DAZN Ltd v Coupang Corp sets a...
Indecent‑Image Recidivism as Evidence of “Dangerousness” Justifying an Extended Determinate Sentence for a Single Contact Offence: Commentary on McGillivary [2025] EWCA Crim 1255

Indecent‑Image Recidivism as Evidence of “Dangerousness” Justifying an Extended Determinate Sentence for a Single Contact Offence: Commentary on McGillivary [2025] EWCA Crim 1255

Date: Aug 9, 2025
Indecent‑Image Recidivism as Evidence of “Dangerousness” Justifying an Extended Determinate Sentence for a Single Contact Offence: Commentary on McGillivary [2025] EWCA Crim 1255 Introduction This...
R v Godlova [2025] EWCA Crim 1296: Reduced Culpability from Mental Disorder and Youth Must Inform the “Appropriate Punishment” Test and the Decision to Suspend

R v Godlova [2025] EWCA Crim 1296: Reduced Culpability from Mental Disorder and Youth Must Inform the “Appropriate Punishment” Test and the Decision to Suspend

Date: Aug 9, 2025
R v Godlova [2025] EWCA Crim 1296: Reduced Culpability from Mental Disorder and Youth Must Inform the “Appropriate Punishment” Test and the Decision to Suspend Introduction In R v Godlova [2025] EWCA...
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