England and Wales Case Commentaries

The Sharp-Meade Principle: Excluding Future Risk and Overlapping Youth–Mental-Disorder Mitigation in Life-Sentence Minimum Terms

Date: Feb 20, 2025

The Sharp-Meade Principle: Excluding Future Risk and Overlapping Youth–Mental-Disorder Mitigation in Life-Sentence Minimum Terms 1. Introduction In R v Sharp-Meade ([2025] EWCA Crim 568) the Court of...

Judicial Discretion and the Limits of Sentence Suspension: Clarifying Section 36 Applications

Date: Feb 20, 2025

Judicial Discretion and the Limits of Sentence Suspension: Clarifying Section 36 Applications Introduction The case of Bradley, R. v ([2025] EWCA Crim 234) before the England and Wales Court of...

New Precedent: The Imperative for Cogent Evidence in Departing from Country Guidance on Article 3 Deportation Cases

Date: Feb 19, 2025

New Precedent: The Imperative for Cogent Evidence in Departing from Country Guidance on Article 3 Deportation Cases Introduction The case of Secretary of State for the Home Department v PG ([2025]...

A v DBS ([2025] EWCA Civ 124): Reinforcing the 'Might in the Future' Test in Safeguarding Regulated Activity

Date: Feb 19, 2025

A v DBS ([2025] EWCA Civ 124): Reinforcing the "Might in the Future" Test in Safeguarding Regulated Activity Introduction The case of A v Disclosure and Barring Service ([2025] EWCA Civ 124) revisits...

Judicial Clarification on Age Assessment in Immigration Cases: The Precedent of AI, R (On the Application Of) v West Berkshire Council

Date: Feb 19, 2025

Judicial Clarification on Age Assessment in Immigration Cases: The Precedent of AI, R (On the Application Of) v West Berkshire Council Introduction The case of AI, R (On the Application Of) v West...

Separation of Legal Claims in Health-Based Integration Appeals: A New Paradigm in AA (Morocco) v SSHD

Date: Feb 19, 2025

Separation of Legal Claims in Health-Based Integration Appeals: A New Paradigm in AA (Morocco) v SSHD Introduction The case of AA (Morocco) v Secretary of State for the Home Department ([2025] EWCA...

Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy

Date: Feb 19, 2025

Establishing Proportionality in Care Order Decisions: Balancing Vulnerability, Statutory Duties and Parental Autonomy Introduction The case of West Sussex County Council v AB & Anor ([2025] EWCA Civ...

Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A

Date: Feb 19, 2025

Defining "Beneath the Clothing": A Landmark Clarification of Upskirting Under Section 67A Introduction The case of Barone, R. v ([2025] EWCA Crim 125) represents a significant judicial intervention...

Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement

Date: Feb 19, 2025

Clarifying Mandatory Exclusion and the Duty to Seek Clarification in Public Procurement Introduction The Judgment in Working on Wellbeing Ltd t/a Optima Health v Secretary of State for Work and...

Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test

Date: Feb 19, 2025

Moral Obligations as Exceptional Circumstances: Defining UK Tax Residence under the Statutory Residence Test Introduction The case of A Taxpayer v Commissioners for His Majesty's Revenue and Customs...

The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing

Date: Feb 19, 2025

The Imperative of Totality and Consideration of Prior Sentences in Subsequent Criminal Sentencing Introduction R v GMB (2025] EWCA Crim 414) is an appeal against sentence heard by the England and...

Clarifying Extended Sentence Allocation in Sexual Offence Cases: Commentary on FPK, R. v ([2025] EWCA Crim 237)

Date: Feb 15, 2025

Clarifying Extended Sentence Allocation in Sexual Offence Cases Introduction The Judgment in FPK, R. v ([2025] EWCA Crim 237) represents a significant decision by the England and Wales Court of...

R v Paske [2025] EWCA Crim 180: Encrypted Communications as an Aggravating Factor and the Limits of Guilty Plea Credit in EncroChat Conspiracies

Date: Feb 14, 2025

R v Paske [2025] EWCA Crim 180: Encrypted Communications as an Aggravating Factor and the Limits of Guilty Plea Credit in EncroChat Conspiracies Court: England and Wales Court of Appeal (Criminal...

R v Davies [2025] EWCA Crim 179: Sentencing “Offers to Supply” with No Intention to Fulfil — A Real-Harm Approach under s60 Sentencing Act 2020

Date: Feb 14, 2025

R v Davies [2025] EWCA Crim 179: Sentencing “Offers to Supply” with No Intention to Fulfil — A Real-Harm Approach under s60 Sentencing Act 2020 Court: Court of Appeal (Criminal Division) — Lord...

Scaling Beyond the Guidelines: Court of Appeal Clarifies Uplifts for Mega-Scale Drug Conspiracies – Commentary on Blower & Ors, R. v [2025] EWCA Crim 747

Date: Feb 14, 2025

Scaling Beyond the Guidelines: Court of Appeal Clarifies Uplifts for Mega-Scale Drug Conspiracies Commentary on Blower & Ors, R. v [2025] EWCA Crim 747 Introduction The decision of the Court of...

Issue Estoppel and State Immunity: Recognizing Foreign Decisions under the State Immunity Act 1978

Date: Feb 13, 2025

Issue Estoppel and State Immunity: Recognizing Foreign Decisions under the State Immunity Act 1978 Introduction This commentary addresses the Court of Appeal’s decision in Hulley Enterprises Ltd &...

Hughes v HM Revenue & Customs & Anor (2025): Clarifying “Reasonable and Probable Cause” and Limits on Public Office Misfeasance

Date: Feb 13, 2025

Hughes v HM Revenue & Customs & Anor (2025): Clarifying “Reasonable and Probable Cause” and Limits on Public Office Misfeasance 1. Introduction The Judgment in Hughes v HM Revenue & Customs & Anor...

“Proportionality and ‘Separability’ in Dismissals for Manifesting Religious or Philosophical Beliefs”: A Commentary on Higgs v Farmor's School ([2025] EWCA Civ 109)

Date: Feb 13, 2025

“Proportionality and ‘Separability’ in Dismissals for Manifesting Religious or Philosophical Beliefs”: A Commentary on Higgs v Farmor's School ([2025] EWCA Civ 109) 1. Introduction This commentary...

Affirming the Power to Vary Final Anti-Suit Injunctions under CPR Part 3.1(7): Unicredit Bank GmbH v Ruschemalliance LLC ([2025] EWCA Civ 99)

Date: Feb 13, 2025

Affirming the Power to Vary Final Anti-Suit Injunctions under CPR Part 3.1(7): Unicredit Bank GmbH v Ruschemalliance LLC ([2025] EWCA Civ 99) Introduction The case of UniCredit Bank GmbH v...

Central Role in Conspiracy: Establishing the Weight of Aggressive Conduct in Sentencing

Date: Feb 12, 2025

Central Role in Conspiracy: Establishing the Weight of Aggressive Conduct in Sentencing Introduction This commentary examines the recent judgment in the case of Steven, R. v ([2025] EWCA Crim 154)...