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  • Commentaries

England and Wales Case Commentaries

R v Khan [2025] EWCA Crim 1477: Procedural Safeguards and Substantive Limits on Compensation Orders in the Crown Court

R v Khan [2025] EWCA Crim 1477: Procedural Safeguards and Substantive Limits on Compensation Orders in the Crown Court

Date: Oct 30, 2025
R v Khan [2025] EWCA Crim 1477: Procedural Safeguards and Substantive Limits on Compensation Orders in the Crown Court 1. Introduction R v Khan [2025] EWCA Crim 1477 is a Court of Appeal decision of...
Base Offence Must Be Identified for Unlawful Act Manslaughter; Minimum Terms for Immature Adult Murderers May Fall Below the 30‑Year “Double Murder” Starting Point — Commentary on R v Bukhari & Ors [2025] EWCA Crim 1353

Base Offence Must Be Identified for Unlawful Act Manslaughter; Minimum Terms for Immature Adult Murderers May Fall Below the 30‑Year “Double Murder” Starting Point — Commentary on R v Bukhari & Ors [2025] EWCA Crim 1353

Date: Oct 28, 2025
Base Offence Must Be Identified for Unlawful Act Manslaughter; Minimum Terms for Immature Adult Murderers May Fall Below the 30‑Year “Double Murder” Starting Point Introduction This commentary...
Early Conciliation Is a Jurisdictional Precondition—But Not for Amendments: Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357

Early Conciliation Is a Jurisdictional Precondition—But Not for Amendments: Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357

Date: Oct 28, 2025
Early Conciliation Is a Jurisdictional Precondition—But Not for Amendments: Reynolds v Abel Estate Agent Ltd [2025] EWCA Civ 1357 Court: Court of Appeal (Civil Division), England and Wales Date: 27...
Late s208 Notifications Are Collateral and Do Not Invalidate Suitability Reviews: A Flexible, Policy-Led Approach to Out-of-Borough Homelessness Placements (London Borough of Enfield v A [2025] EWCA Civ 1355)

Late s208 Notifications Are Collateral and Do Not Invalidate Suitability Reviews: A Flexible, Policy-Led Approach to Out-of-Borough Homelessness Placements (London Borough of Enfield v A [2025] EWCA Civ 1355)

Date: Oct 28, 2025
Late s208 Notifications Are Collateral and Do Not Invalidate Suitability Reviews: A Flexible, Policy-Led Approach to Out-of-Borough Homelessness Placements Case: London Borough of Enfield v A [2025]...
Clarifying s.49 Solicitors Act Appeals: No Oral Renewal After Paper Refusal; SDT May Revoke Certification for Fundamental Mistake — Commentary on Hinkel v Gheissari & Anor [2025] EWCA Civ 1351

Clarifying s.49 Solicitors Act Appeals: No Oral Renewal After Paper Refusal; SDT May Revoke Certification for Fundamental Mistake — Commentary on Hinkel v Gheissari & Anor [2025] EWCA Civ 1351

Date: Oct 28, 2025
Clarifying s.49 Solicitors Act Appeals: No Oral Renewal After Paper Refusal; SDT May Revoke Certification for Fundamental Mistake Case: Hinkel v Gheissari & Anor [2025] EWCA Civ 1351 (Court of...
Prerogative Policy-Making for Post–Data Breach Relocation Upheld: No Fettering, Rational Limitation to High‑Profile Roles

Prerogative Policy-Making for Post–Data Breach Relocation Upheld: No Fettering, Rational Limitation to High‑Profile Roles

Date: Oct 28, 2025
Prerogative Policy-Making for Post–Data Breach Relocation Upheld: No Fettering, Rational Limitation to High‑Profile Roles Introduction In AFA & Ors, R (on the application of) v Secretary of State for...
Police Gang Officers as Expert Witnesses and Youth Sentencing in Serious Gang Violence: Commentary on R v Edokpolo & Alexander [2025] EWCA Crim 1534

Police Gang Officers as Expert Witnesses and Youth Sentencing in Serious Gang Violence: Commentary on R v Edokpolo & Alexander [2025] EWCA Crim 1534

Date: Oct 25, 2025
Police Gang Officers as Expert Witnesses and Youth Sentencing in Serious Gang Violence: Commentary on R v Edokpolo & Alexander [2025] EWCA Crim 1534 1. Introduction This commentary examines the...
Position Marks Must Be a Single, Precisely Delineated Sign: Non‑limiting Descriptions Creating Indeterminate Variations Fail Registrability (Thom Browne Inc & Anor v Adidas AG [2025] EWCA Civ 1340)

Position Marks Must Be a Single, Precisely Delineated Sign: Non‑limiting Descriptions Creating Indeterminate Variations Fail Registrability (Thom Browne Inc & Anor v Adidas AG [2025] EWCA Civ 1340)

Date: Oct 24, 2025
Position Marks Must Be a Single, Precisely Delineated Sign: Non‑limiting Descriptions Creating Indeterminate Variations Fail Registrability Case: Thom Browne Inc & Anor v Adidas AG [2025] EWCA Civ...
IRH is not a shortcut: Court of Appeal mandates necessary evidence, Article 6 fairness, and explicit welfare and contact analysis before making final care orders

IRH is not a shortcut: Court of Appeal mandates necessary evidence, Article 6 fairness, and explicit welfare and contact analysis before making final care orders

Date: Oct 24, 2025
IRH is not a shortcut: Court of Appeal mandates necessary evidence, Article 6 fairness, and explicit welfare and contact analysis before making final care orders Case: H, Re (Final Care Orders at...
No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 — Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347

No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 — Bellway Homes Ltd v The Occupiers of Samuel Garside House [2025] EWCA Civ 1347

Date: Oct 24, 2025
No AoS or CPR 11 application is required where service of the claim form was invalid and time has not been extended; “left for DX collection” is not service under CPR 7.5 Commentary on Bellway Homes...
Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed

Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed

Date: Oct 24, 2025
Figurative Trade Marks: Where the Picture and Description Align, the Image Defines the Sign — Independence of the Sieckmann Conditions Reaffirmed Introduction In Babek International Ltd v Iceland...
R v Madaweni [2025] EWCA Crim 1427: Fresh psychiatric evidence on appeal—diminished responsibility requires a causal explanation; mental disorder may still mitigate on sentence

R v Madaweni [2025] EWCA Crim 1427: Fresh psychiatric evidence on appeal—diminished responsibility requires a causal explanation; mental disorder may still mitigate on sentence

Date: Oct 24, 2025
R v Madaweni [2025] EWCA Crim 1427: Fresh psychiatric evidence on appeal—diminished responsibility requires a causal explanation; mental disorder may still mitigate on sentence Court: England and...
R v Demiraj [2025] EWCA Crim 1468: The Jury’s Role, “Truth”, and Hearsay-Based Convictions

R v Demiraj [2025] EWCA Crim 1468: The Jury’s Role, “Truth”, and Hearsay-Based Convictions

Date: Oct 24, 2025
R v Demiraj [2025] EWCA Crim 1468: The Jury’s Role, “Truth”, and Hearsay-Based Convictions 1. Introduction R v Demiraj [2025] EWCA Crim 1468 is an important Court of Appeal (Criminal Division)...
Abduction in Sexual Assault Sentencing and the Near‑Mandatory Use of Pre‑Sentence Reports in Dangerousness Assessments: Commentary on R v Thompson [2025] EWCA Crim 1462

Abduction in Sexual Assault Sentencing and the Near‑Mandatory Use of Pre‑Sentence Reports in Dangerousness Assessments: Commentary on R v Thompson [2025] EWCA Crim 1462

Date: Oct 24, 2025
Abduction in Sexual Assault Sentencing and the Near‑Mandatory Use of Pre‑Sentence Reports in Dangerousness Assessments: Commentary on R v Thompson [2025] EWCA Crim 1462 1. Introduction The decision...

      Reflecting Multiple Child Victims and Future Risk in Sexual Sentencing:
      Commentary on R v Ellis [2025] EWCA Crim 1498

Reflecting Multiple Child Victims and Future Risk in Sexual Sentencing: Commentary on R v Ellis [2025] EWCA Crim 1498

Date: Oct 24, 2025
Reflecting Multiple Child Victims and Future Risk in Sexual Sentencing: Commentary on R v Ellis [2025] EWCA Crim 1498 1. Introduction This commentary examines the decision of the Court of Appeal...
R v WCU [2025] EWCA Crim 1414: Reaffirming the “exceptional” threshold for 30+ year sentences, tightening late guilty plea credit, and correcting the use of Special Custodial Sentences alongside Extended Sentences

R v WCU [2025] EWCA Crim 1414: Reaffirming the “exceptional” threshold for 30+ year sentences, tightening late guilty plea credit, and correcting the use of Special Custodial Sentences alongside Extended Sentences

Date: Oct 23, 2025
R v WCU [2025] EWCA Crim 1414: Reaffirming the “exceptional” threshold for 30+ year sentences, tightening late guilty plea credit, and correcting the use of Special Custodial Sentences alongside...
CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders

CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders

Date: Oct 22, 2025
CPR 52.19 costs caps refused where service-charge recoupment would shift unrecovered appeal costs onto non‑appellant leaseholders Introduction This commentary examines the England and Wales Court of...
School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified in SAG v Governing Body of Winchmore School [2025] EWCA Civ 1335

School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified in SAG v Governing Body of Winchmore School [2025] EWCA Civ 1335

Date: Oct 22, 2025
School Exclusions: Governors’ Policy and DfE Guidance Set the Legal Test; Behaviour Policies Cannot Elevate the Threshold — Immaterial Errors and High‑Intensity Review Clarified Case: SAG, R (On the...
Onuzi v SSHD: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to naturalisation

Onuzi v SSHD: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to naturalisation

Date: Oct 22, 2025
Onuzi v Secretary of State for the Home Department [2025] EWCA Civ 1337: FTT’s role under s 40(3) confirmed as public-law review of causation; prolonged identity deception ordinarily material to...
Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme

Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme

Date: Oct 22, 2025
Automatic cessation of the main homelessness duty on acceptance of a Part VI offer; section 184 does not govern discharge decisions; challenges must run through the Part VII review/appeal scheme...
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