England and Wales Case Commentaries

Unequivocal Indication Requirement for Maximum Guilty Plea Credit under the Sentencing Council’s Reduction Guideline

Date: Feb 27, 2025

Unequivocal Indication Requirement for Maximum Guilty Plea Credit under the Sentencing Council’s Reduction Guideline Introduction The Court of Appeal’s decision in R v Kabir ([2025] EWCA Crim 411)...

Rebalancing Sentencing in Domestic Abuse Cases: Elevating the Totality Principle in Controlling and Coercive Behaviour

Date: Feb 27, 2025

Rebalancing Sentencing in Domestic Abuse Cases: Elevating the Totality Principle in Controlling and Coercive Behaviour Introduction The Judgment in Nesfield, R. v ([2025] EWCA Crim 233) presents a...

Clarifying Tenant Service Charge Obligations: Exclusion of Roof Repairs in Lease Agreements

Date: Feb 27, 2025

Clarifying Tenant Service Charge Obligations: Exclusion of Roof Repairs in Lease Agreements Introduction The case of Plymouth Community Homes Ltd v Crisplane Ltd ([2025] EWCA Civ 346) addresses a...

Conforming Interpretation of Domestic Tax Legislation: Aligning DTR and EU Law in Revenue & Customs v Taxpayers

Date: Feb 26, 2025

Conforming Interpretation of Domestic Tax Legislation: Aligning DTR and EU Law in Revenue & Customs v Taxpayers Introduction The Judgment in Revenue and Customs v The Applicants in the Post...

Castellucci v Gender Recognition Panel: Reaffirming the Binary Framework in Foreign-Acquired Gender Recognition

Date: Feb 26, 2025

Castellucci v Gender Recognition Panel: Reaffirming the Binary Framework in Foreign-Acquired Gender Recognition Introduction The case of Castellucci, R (On the Application Of) v Gender Recognition...

Establishing Judicial Accountability: Correcting Sentence Leniency in Robbery Cases

Date: Feb 26, 2025

Establishing Judicial Accountability: Correcting Sentence Leniency in Robbery Cases Introduction This commentary reviews the judgment of Mohamed, R. v ([2025] EWCA Crim 235) delivered by the England...

New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences

Date: Feb 26, 2025

New Precedent on Statutory Maximum Limits in Extended Sentencing for Child Sexual Offences Introduction The judgment in BVQ, R. v ([2025] EWCA Crim 270), delivered by the England and Wales Court of...

Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989

Date: Feb 24, 2025

Risk Mitigation and Proportionality in Child Placement Orders: A New Standard under CA 1989 Introduction This commentary examines the Court of Appeal’s decision in M (Care Order: Risk: Family...

Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments

Date: Feb 24, 2025

Separate Insured Limits in Composite Policies and the Concurrency of Causation in Furlough Benefit Assessments Introduction In Liberty Mutual Insurance Europe SE & Ors v Bath Racecourse Company Ltd &...

Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation

Date: Feb 24, 2025

Managing Late Amendment Applications and Joinder of New Defendants in Complex Defamation Litigation Introduction This commentary examines the Court of Appeal decision in Clarke v Guardian News &...

Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing

Date: Feb 22, 2025

Establishing the Threshold of “Particular Vulnerability” in Sexual Assault Sentencing Introduction The judgment in Boltaev, R. v ([2025] EWCA Crim 207) represents a significant development in the...

Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C

Date: Feb 22, 2025

Judicial Discretion at the Cusp of Manslaughter Culpability: Establishing the Boundary Between Category B and Category C Introduction The case of Tudor, R. v ([2025] EWCA Crim 225) presents a...

R v Hayes & Mack – Clarifying “Grave Injury” and Foreseeable Harm in Section 20 Sentencing

Date: Feb 21, 2025

R v Hayes & Mack – Clarifying “Grave Injury” and Foreseeable Harm in Section 20 Sentencing 1. Introduction The Court of Appeal (Criminal Division) in R v Hayes & Anor ([2025] EWCA Crim 750) revisited...

Balancing Child Welfare and Sentencing Severity: The New Test for Suspending High-Culpability Child-Cruelty Sentences – Commentary on BJR & AFW [2025] EWCA Crim 217

Date: Feb 21, 2025

Balancing Child Welfare and Sentencing Severity: The New Test for Suspending High-Culpability Child-Cruelty Sentences – Commentary on BJR & AFW [2025] EWCA Crim 217 1. Introduction The Court of...

Smith, R. v. [2025] EWCA Crim 221: Establishing Proportionality and Discretion in Sentencing for Persistent Offending

Date: Feb 21, 2025

Smith, R. v. [2025] EWCA Crim 221: Establishing Proportionality and Discretion in Sentencing for Persistent Offending Introduction The case of Smith, R. v. [2025] EWCA Crim 221 involves an appeal by...

Clarifying the Limits of Article 4 Obligations in School Exclusions

Date: Feb 20, 2025

Clarifying the Limits of Article 4 Obligations in School Exclusions 1. Introduction This commentary examines the Court of Appeal’s decision in RWU, R (on the application of) v The Governing Body of A...

When “Wholly Enforceable” Means Waiver of Immunity: A New Principle in Enforcing Arbitration Awards Against States

Date: Feb 20, 2025

When “Wholly Enforceable” Means Waiver of Immunity: A New Principle in Enforcing Arbitration Awards Against States 1. Introduction The case of General Dynamics United Kingdom Ltd v The State of Libya...

Ensuring Rigorous Standards in Sexual Offence Trials: Juror Competence and Evidentiary Precision in Rycroft’s Appeal

Date: Feb 20, 2025

Ensuring Rigorous Standards in Sexual Offence Trials: Juror Competence and Evidentiary Precision in Rycroft’s Appeal Introduction The case of Rycroft, R. v ([2025] EWCA Crim 231) brought forth in the...

DSG Retail Ltd v Information Commissioner — Security Duty Applies to “Controller-Personal” Data Even if Attackers Cannot Identify Data Subjects

Date: Feb 20, 2025

Security Duty Under DPA 1998: Controllers Must Safeguard Personal Data Against Unauthorised/Unlawful Third-Party Processing Even Where the Third Party Cannot Identify Data Subjects Case: DSG Retail...

Defining the Moment of Criminality: The Dawn of a New Precedent in Fraud-Related Money Laundering

Date: Feb 20, 2025

Defining the Moment of Criminality: The Dawn of a New Precedent in Fraud-Related Money Laundering Introduction The Judgment in Kamran, R. v ([2025] EWCA Crim 247) represents an important evolution in...