England and Wales Case Commentaries

Clarifying Credit for Overlapping Remand: The “Saleh Rule” on Minimum-Term Deductions ([2025] EWCA Crim 720)

Date: May 9, 2025

Clarifying Credit for Overlapping Remand: The “Saleh Rule” on Minimum-Term Deductions Saleh v R ([2025] EWCA Crim 720) 1. Introduction The Court of Appeal’s decision in Saleh v R addresses a narrow...

Secondary Party to Knife Murder: 25-Year Schedule 21 Starting Point Where Party to Taking the Knife to the Scene

Date: May 8, 2025

Secondary Party to Knife Murder: 25-Year Schedule 21 Starting Point Where Party to Taking the Knife to the Scene 1. Introduction R. v Houghton ([2025] EWCA Crim 973) is a renewed application in the...

Clarifying “Investor” Control in BIT Arbitration: De Jure Ownership Requirement and Timeliness of Jurisdictional Objections

Date: May 8, 2025

Clarifying “Investor” Control in BIT Arbitration: De Jure Ownership Requirement and Timeliness of Jurisdictional Objections Introduction This commentary examines the Court of Appeal’s decision in The...

Ensuring Precision in Domestic Abuse Fact-Finding and Schedule B Recording

Date: May 8, 2025

Ensuring Precision in Domestic Abuse Fact-Finding and Schedule B Recording Introduction Z (A Child), Re [2025] EWCA Civ 594 is a landmark Court of Appeal decision addressing both the scope of...

Clarifying Agent Liability under Section 109 of the Equality Act 2010: Common Law Agency and Post-Employment Indirect Age Discrimination

Date: May 8, 2025

Clarifying Agent Liability under Section 109 of the Equality Act 2010: Common Law Agency and Post-Employment Indirect Age Discrimination Introduction This landmark decision in Fasano v Reckitt...

Adverse Possession Unaffected by Section 33 Trusts: Interpretation of Paragraph 12, Schedule 6, LRA 2002

Date: May 8, 2025

Adverse Possession Unaffected by Section 33 Trusts: Interpretation of Paragraph 12, Schedule 6, LRA 2002 Introduction This appeal arises from Nazir & Anor v Begum ([2025] EWCA Civ 587), decided by...

Rethinking “Public Rights” under Section 78 PCSC Act 2022: The Court of Appeal’s Five-Point Framework in AFY & Ors ([2025] EWCA Crim 769)

Date: May 8, 2025

Rethinking “Public Rights” under Section 78 PCSC Act 2022: The Court of Appeal’s Five-Point Framework in AFY & Ors ([2025] EWCA Crim 769) 1. Introduction AFY & Ors, R. v ([2025] EWCA Crim 769) marks...

Executive Discretion and “Good Reason” in Security Policy: R (The Duke of Sussex) v SSHD

Date: May 3, 2025

Executive Discretion and “Good Reason” in Security Policy: R (The Duke of Sussex) v SSHD Introduction R (The Duke of Sussex) v Secretary of State for the Home Department ([2025] EWCA Civ 548) is a...

Mechanism-Based Test for “Dividends of a Capital Nature” under s.402(4) ITTOIA

Date: May 3, 2025

Mechanism-Based Test for “Dividends of a Capital Nature” under s.402(4) ITTOIA Introduction This commentary examines the Court of Appeal’s decision in Beard v Commissioners for His Majesty’s Revenue...

Limits of Delegated “Henry VIII” Powers in Defining “Serious Disruption”

Date: May 3, 2025

Limits of Delegated “Henry VIII” Powers in Defining “Serious Disruption” Introduction In National Council for Civil Liberties (Liberty) v Secretary of State for the Home Department ([2025] EWCA Civ...

R v Alsaadoun ([2025] EWCA Crim 800): “Showing-Off” Motive Held to be a Distinct Aggravating Factor in Category A Death-by-Dangerous-Driving Sentencing

Date: May 3, 2025

R v Alsaadoun ([2025] EWCA Crim 800): “Showing-Off” Motive Held to be a Distinct Aggravating Factor in Category A Death-by-Dangerous-Driving Sentencing 1. Introduction The Court of Appeal (Criminal...

Bratt v Jones: The Bracket Principle and Bolam Duty in Valuation Negligence

Date: May 3, 2025

Bratt v Jones: The Bracket Principle and Bolam Duty in Valuation Negligence Introduction Bratt v Jones [2025] EWCA Civ 562 is a landmark decision of the England and Wales Court of Appeal that...

Ensuring Precision and Proportionality in Criminal Behaviour Orders: Al Magloub v. R [2025] EWCA Crim 640

Date: May 2, 2025

Ensuring Precision and Proportionality in Criminal Behaviour Orders: Al Magloub v. R [2025] EWCA Crim 640 Introduction This commentary examines the Court of Appeal’s decision in Al Magloub v. R,...

“The Owen Extension”: When Persistent, High-Value Theft Justifies Departure from the Sentencing Guidelines

Date: May 2, 2025

“The Owen Extension”: When Persistent, High-Value Theft Justifies Departure from the Sentencing Guidelines Introduction Owen, R. v  ([2025] EWCA Crim 780) delivers a significant clarification on the...

Establishing a FRAND Floor for Parallel Foreign Judgments: Optis v Apple

Date: May 2, 2025

Establishing a FRAND Floor for Parallel Foreign Judgments: Optis v Apple Introduction Optis Cellular Technology LLC, Optis Wireless Technology LLC and Unwired Planet International Ltd (“Optis”)...

R v Farebrother ([2025] EWCA Crim 672): A New Emphasis on Pregnant Offenders’ Mitigation and the Threshold for Suspending Class-A Drug Sentences

Date: May 2, 2025

R v Farebrother ([2025] EWCA Crim 672): A New Emphasis on Pregnant Offenders’ Mitigation and the Threshold for Suspending Class-A Drug Sentences 1. Introduction R v Farebrother is a Court of Appeal...

Emmerson & Extended Determinate Sentences: A New Benchmark for Serial Sexual Assaults and Exposure Offences

Date: May 2, 2025

Emmerson & Extended Determinate Sentences: A New Benchmark for Serial Sexual Assaults and Exposure Offences 1. Introduction R v Emmerson ([2025] EWCA Crim 756) is an Attorney-General’s Reference in...

R v Mulhern: Clarifying the Threshold for “Unduly Lenient” Findings in Multi-Count Sexual Offending and the Primacy of Judicial Discretion

Date: May 2, 2025

R v Mulhern: Clarifying the Threshold for “Unduly Lenient” Findings in Multi-Count Sexual Offending and the Primacy of Judicial Discretion 1. Introduction R v Mulhern ([2025] EWCA Crim 757) is a...

Clarifying Sequential Risk Assessment in Asylum Claims: EI v Secretary of State for the Home Department

Date: May 1, 2025

Clarifying Sequential Risk Assessment in Asylum Claims: EI v Secretary of State for the Home Department Introduction EI v Secretary of State for the Home Department ([2025] EWCA Civ 556) is a...

Extending Sentencing Guidelines to Consensual GBH: Gustavson & Ors v R

Date: May 1, 2025

Extending Sentencing Guidelines to Consensual GBH: Gustavson & Ors v R Introduction Gustavson & Ors v R ([2025] EWCA Crim 493) was decided by the England and Wales Court of Appeal (Criminal Division)...