England and Wales Case Commentaries

Aggregate Sentencing for Campaign of Child Rape: TMD v R [2025] EWCA Crim 463

Date: Apr 5, 2025

Aggregate Sentencing for Campaign of Child Rape: TMD v R [2025] EWCA Crim 463 Introduction In TMD v R ([2025] EWCA Crim 463), the England and Wales Court of Appeal (Criminal Division) considered the...

Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA

Date: Apr 4, 2025

Protected Disclosures and Differential Treatment: New Precedents in Employment Law under the ERA Introduction The case of Sullivan v Isle of Wight Council ([2025] EWCA Civ 379) addresses complex...

Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context

Date: Apr 4, 2025

Clarifying the Bounds of Arbitration Clauses and the Discretionary Use of Anti‐Suit Injunctions in a Sanctions Context Introduction This commentary examines the judgment in Renaissance Securities...

A New Standard for Water Body-Specific Measures in UK Water Management: Commentary on SSEFRA v Pickering Fishery Association

Date: Apr 4, 2025

A New Standard for Water Body-Specific Measures in UK Water Management This commentary examines the judgment in Secretary of State for Environment, Food and Rural Affairs v Pickering Fishery...

The Unitary Modular Design Principle in Registered Design Law

Date: Apr 4, 2025

The Unitary Modular Design Principle in Registered Design Law Introduction The judgment in Safestand Ltd v Weston Homes PLC & Ors ([2025] EWCA Civ 374) represents a significant development in the...

New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law

Date: Apr 4, 2025

New Precedent on the Interpretation of Service Charge Arrears and Administration Charges under Leasehold Law Introduction The judgment in Davies v Benwell Road RTM Company Ltd [2025] EWCA Civ 368...

Mandatory Life Sentences for Repeat Sexual Offences Under the Sentencing Act 2020

Date: Apr 4, 2025

Mandatory Life Sentences for Repeat Sexual Offences Under the Sentencing Act 2020 Introduction Watson, R. v [2025] EWCA Crim 563 is a landmark decision of the Court of Appeal (Criminal Division)...

“The Miranda Principle” – Court of Appeal Endorses Controlled Re-Opening of Prosecution Cases for Late-Discovered Digital Evidence

Date: Apr 4, 2025

“The Miranda Principle” – Court of Appeal Endorses Controlled Re-Opening of Prosecution Cases for Late-Discovered Digital Evidence (Commentary on Miranda & Ors, R. v [2025] EWCA Crim 570) 1....

Conditional Agreements, Group Weapon Awareness and No-Case Submissions: Commentary on R v Bagge & Anor [2025] EWCA Crim 402

Date: Apr 4, 2025

Conditional Agreements, Group Weapon Awareness and No-Case Submissions in Secondary Liability for Murder: Commentary on R v Bagge & Anor [2025] EWCA Crim 402 1. Introduction The decision of the Court...

Abdulrasul, R. v ([2025] EWCA Crim 583) — A Stricter Threshold for Late Criminal Appeals and “Fresh Evidence” Applications

Date: Apr 4, 2025

Abdulrasul, R. v ([2025] EWCA Crim 583) — A Stricter Threshold for Late Criminal Appeals and “Fresh Evidence” Applications Introduction In Abdulrasul, R. v the Court of Appeal (Criminal Division)...

Refining the Salem discretion in immigration litigation: Court of Appeal declines to decide an academic challenge to the Ukraine Family Scheme

Date: Apr 4, 2025

Refining the Salem discretion in immigration litigation: Court of Appeal declines to decide an academic challenge to the Ukraine Family Scheme Introduction This commentary analyzes the Court of...

Extended Sentencing for Campaigns of Rape and Dangerousness Clarified: R v McNamara [2025] EWCA Crim 550

Date: Apr 4, 2025

Extended Sentencing for Campaigns of Rape and Dangerousness Clarified: R v McNamara [2025] EWCA Crim 550 Introduction The Court of Appeal (Criminal Division) delivered judgment on 3 April 2025 in R v...

Shingleton v R: Military Courts’ Discretion to Impose Immediate Imprisonment for Disciplinary Offences and the Standard of Manifest Excessiveness

Date: Apr 3, 2025

Shingleton v R: Military Courts’ Discretion to Impose Immediate Imprisonment for Disciplinary Offences and the Standard of Manifest Excessiveness Introduction Shingleton, R. v ([2025] EWCA Crim 557)...

Extended Determinate Sentencing of Dangerous Juvenile Manslaughter Offenders under the Sentencing Act 2020

Date: Apr 3, 2025

Extended Determinate Sentencing of Dangerous Juvenile Manslaughter Offenders under the Sentencing Act 2020 Introduction This commentary reviews the Court of Appeal’s decision in Haroon, R. v [2025]...

R v Carr [2025] EWCA Crim 401: Post‑offence lies as aggravation and the permissibility of ‘cusp’ starting points under the 2023 “causing or allowing a child to die” guideline

Date: Apr 3, 2025

R v Carr [2025] EWCA Crim 401: Post‑offence lies as aggravation and the permissibility of ‘cusp’ starting points under the 2023 “causing or allowing a child to die” guideline Introduction This Court...

R v Odunuga: No Obligation to Direct Manslaughter Where Evidence Precludes Lesser Intent

Date: Apr 2, 2025

R v Odunuga: No Obligation to Direct Manslaughter Where Evidence Precludes Lesser Intent Introduction R v Odunuga ([2025] EWCA Crim 532) is a decision of the England and Wales Court of Appeal...

Clarifying Judicial Commentary in Summing-Up: Safety of Conviction in R v Butkus [2025] EWCA Crim 441

Date: Apr 2, 2025

Clarifying Judicial Commentary in Summing-Up: Safety of Conviction in R v Butkus [2025] EWCA Crim 441 Introduction R v Butkus ([2025] EWCA Crim 441) concerns the appeal by Mr Vidmantas Butkus, a...

Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R

Date: Apr 2, 2025

Ensuring Jury Impartiality: Fleeting References and the Safety of Convictions in Miah v R Introduction Miah, R. v ([2025] EWCA Crim 465) is a Court of Appeal (Criminal Division) decision handed down...

Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals: R v Grace [2025] EWCA Crim 580

Date: Apr 2, 2025

Strict Application of Fresh Evidence Criteria and Time-Extension Discretion in Criminal Appeals Introduction R v Grace [2025] EWCA Crim 580 is a landmark Court of Appeal decision dealing with two...

McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988

Date: Apr 2, 2025

McCann (R v): Discretion in Unduly Lenient Sentencing under Section 36 CJA 1988 Introduction This appeal arises from an application by His Majesty’s Solicitor General under section 36 of the Criminal...