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  • Commentaries

England and Wales Case Commentaries

“From Intermediaries to Hearsay” – Claffey & Roach and the Re-drawing of the Bad-Character / Investigation Boundary

“From Intermediaries to Hearsay” – Claffey & Roach and the Re-drawing of the Bad-Character / Investigation Boundary

Date: Jun 20, 2025
“From Intermediaries to Hearsay” – How Claffey, R. v ([2025] EWCA Crim 852) Clarifies the Scope of s.98(b) CJA 2003 and the Threshold for Self-Defence Directions Introduction Claffey, R. v and Roach,...
R v Davis [2025] EWCA Crim 916 – Clarifying the Totality Guideline in Unduly Lenient Sentence References for Historic Child-Sex Offences

R v Davis [2025] EWCA Crim 916 – Clarifying the Totality Guideline in Unduly Lenient Sentence References for Historic Child-Sex Offences

Date: Jun 20, 2025
R v Davis [2025] EWCA Crim 916 – Clarifying the Totality Guideline in Unduly Lenient Sentence References for Historic Child-Sex Offences Introduction This commentary examines the Court of Appeal...
Fernandez: Re-asserting Judicial Discretion in Culpability Assessment for “Causing Death by Careless Driving while Under the Influence”

Fernandez: Re-asserting Judicial Discretion in Culpability Assessment for “Causing Death by Careless Driving while Under the Influence”

Date: Jun 19, 2025
Fernandez: Re-asserting Judicial Discretion in Culpability Assessment for “Causing Death by Careless Driving while Under the Influence” Introduction Fernandez, R. v ([2025] EWCA Crim 907) is a Court...
R v Hope (2025):  When No Voluntary Desistance, There Is No Presumption of a Lower Sentence for Attempted Offences

R v Hope (2025): When No Voluntary Desistance, There Is No Presumption of a Lower Sentence for Attempted Offences

Date: Jun 19, 2025
R v Hope (2025): When No Voluntary Desistance, There Is No Presumption of a Lower Sentence for Attempted Offences 1. Introduction R v Hope ([2025] EWCA Crim 855) required the Court of Appeal...
Suitability without Preconditions: The Section 189A Clarification in Norton v London Borough of Haringey

Suitability without Preconditions: The Section 189A Clarification in Norton v London Borough of Haringey

Date: Jun 18, 2025
Suitability without Preconditions: The Section 189A Clarification in Norton v London Borough of Haringey 1. Introduction In Norton v London Borough of Haringey ([2025] EWCA Civ 746) the Court of...
Re-emphasising Holistic Risk Evaluation and Adequate Reason-Giving in Care Proceedings: Commentary on H (Care Proceedings: Risk Assessment) [2025] EWCA Civ 727

Re-emphasising Holistic Risk Evaluation and Adequate Reason-Giving in Care Proceedings: Commentary on H (Care Proceedings: Risk Assessment) [2025] EWCA Civ 727

Date: Jun 18, 2025
Re-emphasising Holistic Risk Evaluation and Adequate Reason-Giving in Care Proceedings: Commentary on H (Care Proceedings: Risk Assessment) [2025] EWCA Civ 727 1. Introduction The Court of Appeal’s...
Getty Images v Stability AI – Court of Appeal Affirms that Specific Particulars Narrow Broad Pleadings and Bar Late Introduction of Un-pleaded Allegations

Getty Images v Stability AI – Court of Appeal Affirms that Specific Particulars Narrow Broad Pleadings and Bar Late Introduction of Un-pleaded Allegations

Date: Jun 18, 2025
Getty Images (US), Inc. & Ors v Stability AI Ltd – Court of Appeal Affirms that Specific Particulars Narrow Broad Pleadings and Bar Late Introduction of Un-pleaded Allegations Introduction Getty...
“The BMJ Principle” – Judicial Limits on Positive Conclusive Grounds Decisions and the Public-Interest Test in Modern-Slavery Related Prosecutions

“The BMJ Principle” – Judicial Limits on Positive Conclusive Grounds Decisions and the Public-Interest Test in Modern-Slavery Related Prosecutions

Date: Jun 18, 2025
“The BMJ Principle” – Judicial Limits on Positive Conclusive Grounds Decisions and the Public-Interest Test in Modern-Slavery Related Prosecutions Introduction BMJ v Rex ([2025] EWCA Crim 716) is a...
R v Mir: Court of Appeal Endorses Robust Upward Adjustments for Multi-Drug EncroChat Conspiracies under the Totality Principle

R v Mir: Court of Appeal Endorses Robust Upward Adjustments for Multi-Drug EncroChat Conspiracies under the Totality Principle

Date: Jun 18, 2025
R v Mir: Court of Appeal Endorses Robust Upward Adjustments for Multi-Drug EncroChat Conspiracies under the Totality Principle Introduction The decision in Mir, R. v ([2025] EWCA Crim 853) concerns...
“Re-calibrating Indefinite Detention” – The Preference for Extended Sentences over IPP for Young Dangerous Offenders (Commentary on Sillitto, R. v [2025] EWCA Crim 868)

“Re-calibrating Indefinite Detention” – The Preference for Extended Sentences over IPP for Young Dangerous Offenders (Commentary on Sillitto, R. v [2025] EWCA Crim 868)

Date: Jun 18, 2025
“Re-calibrating Indefinite Detention” – The Preference for Extended Sentences over IPP for Young Dangerous Offenders Commentary on Sillitto, R. v ([2025] EWCA Crim 868), Court of Appeal (Criminal...
Affirmation of Category A1 Sentencing for Absent Conspirators – Commentary on R v Lambert [2025] EWCA Crim 918

Affirmation of Category A1 Sentencing for Absent Conspirators – Commentary on R v Lambert [2025] EWCA Crim 918

Date: Jun 18, 2025
Affirmation of Category A1 Sentencing for Absent Conspirators Commentary on R v Lambert, [2025] EWCA Crim 918 1. Introduction R v Lambert concerns an appeal against a 14-year sentence imposed for...
The “Real Beneficiary” Rule in Credit-Hire Litigation: Non-Party Costs Liability after Tescher v Direct Accident Management Ltd

The “Real Beneficiary” Rule in Credit-Hire Litigation: Non-Party Costs Liability after Tescher v Direct Accident Management Ltd

Date: Jun 16, 2025
The “Real Beneficiary” Rule in Credit-Hire Litigation: Non-Party Costs Liability of Credit-Hire Companies under QOCS Introduction Tescher v Direct Accident Management Ltd ([2025] EWCA Civ 733)...
Beyond Conclusive Grounds: BMJ v R and the Limits of Modern-Slavery Defences in Serious Drug Cases

Beyond Conclusive Grounds: BMJ v R and the Limits of Modern-Slavery Defences in Serious Drug Cases

Date: Jun 16, 2025
Beyond Conclusive Grounds: BMJ v R and the Limits of Modern-Slavery Defences in Serious Drug Cases 1. Introduction BMJ v R ([2025] EWCA Crim 716) is the latest Court of Appeal decision to grapple...

        The “Singh Clarification”: Correcting Statutory-Maximum Breaches and Disqualification
        Calculations in Dangerous-Driving Sentences

The “Singh Clarification”: Correcting Statutory-Maximum Breaches and Disqualification Calculations in Dangerous-Driving Sentences

Date: Jun 14, 2025
The “Singh Clarification”: Correcting Statutory-Maximum Breaches and Disqualification Calculations in Dangerous-Driving Sentences 1. Introduction Singh, R. v ([2025] EWCA Crim 828) arises from a...
Case Commentary – Vince v Secretary of State for Transport (2025):  The Court of Appeal Affirms the Purely Discretionary Status of s.18 Traffic Management Act Guidance and Sets a “Low-Intensity” Threshold for Challenges to its Withdrawal

Case Commentary – Vince v Secretary of State for Transport (2025): The Court of Appeal Affirms the Purely Discretionary Status of s.18 Traffic Management Act Guidance and Sets a “Low-Intensity” Threshold for Challenges to its Withdrawal

Date: Jun 14, 2025
Vince v Secretary of State for Transport (Court of Appeal, 2025) Key Principle: Guidance issued under s.18 Traffic Management Act 2004 is wholly discretionary; its withdrawal is a matter of...
“True-or-False” Compliance with Funding Certificates: Kireeva v Zolotova & Anor [2025] EWCA Civ 847

“True-or-False” Compliance with Funding Certificates: Kireeva v Zolotova & Anor [2025] EWCA Civ 847

Date: Jun 13, 2025
“True-or-False” Compliance with Funding Certificates: Kireeva v Zolotova & Anor – A New Strictness in Unless Orders 1. Introduction The Court of Appeal’s decision in Kireeva v Zolotova & Basel...
Promptness Prevails: Surrey CC v BC (2025) – Curtailing the “Continuing Duty” Doctrine and Reinforcing CPR 54.5 in Children-Act Judicial Reviews

Promptness Prevails: Surrey CC v BC (2025) – Curtailing the “Continuing Duty” Doctrine and Reinforcing CPR 54.5 in Children-Act Judicial Reviews

Date: Jun 12, 2025
Promptness Prevails: Surrey CC v BC (2025) – Curtailing the “Continuing Duty” Doctrine and Reinforcing CPR 54.5 in Children-Act Judicial Reviews 1. Introduction In Surrey County Council v BC ([2025]...
“Reason to Believe” and Appellate Deference under CPR 6.9: A Commentary on Carr v Vehicle Control Services Ltd [2025] EWCA Civ 713

“Reason to Believe” and Appellate Deference under CPR 6.9: A Commentary on Carr v Vehicle Control Services Ltd [2025] EWCA Civ 713

Date: Jun 12, 2025
“Reason to Believe” and Appellate Deference under CPR 6.9: A Commentary on Carr v Vehicle Control Services Ltd [2025] EWCA Civ 713 1. Introduction Carr v Vehicle Control Services Ltd (“Carr”)...
R v Harrod [2024] EWCA Crim 819: Fresh Evidence, Alias Attribution, and Extensions of Time in EncroChat Conspiracy Appeals

R v Harrod [2024] EWCA Crim 819: Fresh Evidence, Alias Attribution, and Extensions of Time in EncroChat Conspiracy Appeals

Date: Jun 12, 2025
R v Harrod [2024] EWCA Crim 819: Fresh Evidence, Alias Attribution, and Extensions of Time in EncroChat Conspiracy Appeals Introduction This judgment from the Court of Appeal (Criminal Division)...
Harrod: The Court of Appeal Re-Defines “Fresh Evidence” and Tightens the Gate on Out-of-Time Criminal Appeals

Harrod: The Court of Appeal Re-Defines “Fresh Evidence” and Tightens the Gate on Out-of-Time Criminal Appeals

Date: Jun 12, 2025
Harrod: The Court of Appeal Re-Defines “Fresh Evidence” and Tightens the Gate on Out-of-Time Criminal Appeals Introduction Harrod, R. v ([2025] EWCA Crim 819) is a significant decision of the Court...
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