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  • Commentaries

England and Wales Case Commentaries

R v Madhi & Anor [2025] EWCA Crim 1401: Disapplying the s315 Minimum and Avoiding Mixed Youth Custody Regimes Where s250 Detention Is Imposed

R v Madhi & Anor [2025] EWCA Crim 1401: Disapplying the s315 Minimum and Avoiding Mixed Youth Custody Regimes Where s250 Detention Is Imposed

Date: Oct 15, 2025
R v Madhi & Anor [2025] EWCA Crim 1401: Disapplying the s315 Minimum and Avoiding Mixed Youth Custody Regimes Where s250 Detention Is Imposed Introduction This Court of Appeal (Criminal Division)...
R v Waldrom [2025] EWCA Crim 1380: Late Sentencing Appeals, Fresh Psychological Evidence, and Totality—A Four‑Point Clarification

R v Waldrom [2025] EWCA Crim 1380: Late Sentencing Appeals, Fresh Psychological Evidence, and Totality—A Four‑Point Clarification

Date: Oct 11, 2025
R v Waldrom [2025] EWCA Crim 1380: Late Sentencing Appeals, Fresh Psychological Evidence, and Totality—A Four‑Point Clarification Introduction In R v Waldrom [2025] EWCA Crim 1380, the Court of...
R v Davis [2025] EWCA Crim 1485: Road Rage, Child Passengers and Guilty Plea Credit in Causing Serious Injury by Dangerous Driving

R v Davis [2025] EWCA Crim 1485: Road Rage, Child Passengers and Guilty Plea Credit in Causing Serious Injury by Dangerous Driving

Date: Oct 10, 2025
R v Davis [2025] EWCA Crim 1485: Road Rage, Child Passengers and Guilty Plea Credit in Causing Serious Injury by Dangerous Driving 1. Introduction R v Davis [2025] EWCA Crim 1485 is a Court of Appeal...
Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under Article 14

Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under Article 14

Date: Oct 9, 2025
Section 55 Requires Child‑Best‑Interests Review of Immigration Rules: Court of Appeal Orders Home Secretary to Reassess Child Refugee Family Reunion Policy; Differential Treatment Recognised under...
R v Wood [2025] EWCA Crim 1372: Limits on Departures from Sentencing Guidelines; “School” Status Not a Stand‑Alone Aggravator; and Activation of a Suspended Sentence Is Not Double Counting

R v Wood [2025] EWCA Crim 1372: Limits on Departures from Sentencing Guidelines; “School” Status Not a Stand‑Alone Aggravator; and Activation of a Suspended Sentence Is Not Double Counting

Date: Oct 9, 2025
R v Wood [2025] EWCA Crim 1372: Limits on Departures from Sentencing Guidelines; “School” Status Not a Stand‑Alone Aggravator; and Activation of a Suspended Sentence Is Not Double Counting...
No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of Sussex Police & CPS v XGY [2025] EWCA Civ 1230

No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of Sussex Police & CPS v XGY [2025] EWCA Civ 1230

Date: Oct 9, 2025
No “Justificationism” and the Reach of Courtroom Immunity: Advocate submissions at bail and police preparatory acts attract absolute immunity, not outflanked by HRA/DPA claims — Chief Constable of...
Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271

Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271

Date: Oct 9, 2025
Discoverability under s.32(1)(c) can be triggered by a CJEU tipping point — and even an Advocate General’s Opinion: BAT Industries v Commissioners of Inland Revenue [2025] EWCA Civ 1271 Introduction...
Stewart v R [2025] EWCA Crim 1484: Finality of Third‑Party Determinations and the Limits of Receivership Appeals under POCA

Stewart v R [2025] EWCA Crim 1484: Finality of Third‑Party Determinations and the Limits of Receivership Appeals under POCA

Date: Oct 9, 2025
Stewart v R [2025] EWCA Crim 1484: Finality of Third‑Party Determinations and the Limits of Receivership Appeals under the Proceeds of Crime Act 2002 1. Introduction This commentary examines the...
One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data

One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data

Date: Oct 8, 2025
One Test, Not Two: Court of Appeal clarifies redactions in FRAND judgments and protects both lump‑sum and per‑unit pricing data Introduction In InterDigital Inc & Ors, In the Matter Of (Re Optis...
Mechita: Purity, Quantity and Cash Can Evidence a “Leading Role”; Totality Permits Uplift of the Lead Concurrent Sentence and Consecutive Sentencing for Distinct Offending

Mechita: Purity, Quantity and Cash Can Evidence a “Leading Role”; Totality Permits Uplift of the Lead Concurrent Sentence and Consecutive Sentencing for Distinct Offending

Date: Oct 8, 2025
Mechita: Purity, Quantity and Cash Can Evidence a “Leading Role”; Totality Permits Uplift of the Lead Concurrent Sentence and Consecutive Sentencing for Distinct Offending Citation: R v Mechita...
“Decision” Exists Only on Service: Court of Appeal Holds JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence (Dhandapani v SSHD [2025] EWCA Civ 1244)

“Decision” Exists Only on Service: Court of Appeal Holds JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence (Dhandapani v SSHD [2025] EWCA Civ 1244)

Date: Oct 8, 2025
“Decision” Exists Only on Service: JR Time Runs from Giving of s.4 Notice; Email Service Presumption May Be Rebutted on Evidence Case: Dhandapani, R (On the Application Of) v Secretary of State for...
Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway

Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway

Date: Oct 8, 2025
Primacy of Causation in Criminal Wasted Costs Orders: No Order Where the Hearing Disposes of the Case or Costs Would Be Incurred Anyway Case: M & M Solicitors v Crown Court at Leicester (wasted...
Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service

Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service

Date: Oct 8, 2025
Robertson v Google LLC: CPR 6.34 permission is prospective; CPR 7.6(3) is the exclusive route for late service out of the jurisdiction; no relief from sanctions and no AoS duty absent valid service...
Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption (Hippodrome Casino Ltd v HMRC [2025] EWCA Civ 1259)

Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption (Hippodrome Casino Ltd v HMRC [2025] EWCA Civ 1259)

Date: Oct 7, 2025
Standard Method Prevails and Business-Entertainment Block Applies Upfront: Dual‑Use Analysis and the “More Precise” Test in Partial Exemption Hippodrome Casino Ltd v Revenue and Customs [2025] EWCA...
Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order

Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order

Date: Oct 4, 2025
Costs against a sanctioned party: success as the decisive factor; licence‑triggered payment deadlines; and no set‑off against a deferred Supreme Court costs order Introduction This commentary...
Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty

Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty

Date: Oct 4, 2025
Market‑Differential Damages on Buyer Cancellation under SALEFORM 2012: Court of Appeal Confirms Loss‑of‑Bargain Recovery and Implies a Due‑Diligence Delivery Duty Introduction In Orion Shipping and...
FBD: Concurrency for proportionality in historic sexual offences and aggregated release under s.244A CJA 2003

FBD: Concurrency for proportionality in historic sexual offences and aggregated release under s.244A CJA 2003

Date: Oct 4, 2025
FBD: Concurrency for proportionality in historic sexual offences and aggregated release under s.244A CJA 2003 Introduction In FBD, R. v [2025] EWCA Crim 1370, the Court of Appeal (Criminal Division)...
MCK (R v) [2025] EWCA Crim 1371: Age and Lack of Previous Convictions Not a Bar to a Dangerousness Finding; Extended Determinate Sentence Upheld

MCK (R v) [2025] EWCA Crim 1371: Age and Lack of Previous Convictions Not a Bar to a Dangerousness Finding; Extended Determinate Sentence Upheld

Date: Oct 4, 2025
MCK (R v) [2025] EWCA Crim 1371: Age and Lack of Previous Convictions Not a Bar to a Dangerousness Finding; Extended Determinate Sentence Upheld Introduction This commentary examines the decision in...
R v McNair [2025] EWCA Crim 1376: Testing the Reliability of Deceased Complainant ABE Hearsay Under s116 CJA 2003 Despite Loss of Supporting Witnesses

R v McNair [2025] EWCA Crim 1376: Testing the Reliability of Deceased Complainant ABE Hearsay Under s116 CJA 2003 Despite Loss of Supporting Witnesses

Date: Oct 4, 2025
R v McNair [2025] EWCA Crim 1376: Testing the Reliability of Deceased Complainant ABE Hearsay Under s116 CJA 2003 Despite Loss of Supporting Witnesses Introduction This decision of the England and...
Affirmation Keeps All Obligations Alive: Cumulative Delivery and Net Availability under EXW Instalment Sales — Commentary on Advanced Multi‑Technology (t/a Hitex) & Ors v Uniserve Ltd [2025] EWCA Civ 1212

Affirmation Keeps All Obligations Alive: Cumulative Delivery and Net Availability under EXW Instalment Sales — Commentary on Advanced Multi‑Technology (t/a Hitex) & Ors v Uniserve Ltd [2025] EWCA Civ 1212

Date: Oct 3, 2025
Affirmation Keeps All Obligations Alive: Cumulative Delivery and Net Availability under EXW Instalment Sales Commentary on Advanced Multi-Technology for Medical Industry (t/a Hitex) & Ors v Uniserve...
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