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  • Commentaries

interpretation-of-judicial-review-time-limits-under-section-27a-of-the-court-of-session-act-1988:-o& Case Commentaries

Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15

Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15

Date: Jun 11, 2025
Inherent Jurisdiction Revived: Court of Appeal Confirms Power to Re-open Confiscation Appeals Excluded from Crim PR 36.15 1. Introduction Jacob (Formerly Oyebola), R. v (Re s.31 Proceeds of Crime Act...
Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts

Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts

Date: Jun 11, 2025
Cheetham Sentencing Principles: Court of Appeal Clarifies Up-rating within Harassment Guideline Category B2 and the Limits of Totality Discounts 1. Introduction Cheetham, R. v ([2025] EWCA Crim 804)...
Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases

Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases

Date: Jun 10, 2025
Clarification of Guilty Plea Discounts Under Sentencing Guidelines in Complex Conspiracy Cases Introduction This appeal arises from the joint sentencing of Jonathan Cassidy (“Cassidy”) and Nasar...
Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa

Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa

Date: Jun 10, 2025
Objective Standard of Honesty in Section 172 Directors’ Duty Clarified by Saxon Woods v Costa Introduction The Court of Appeal’s decision in Saxon Woods Investments Ltd v Costa (Re Spring Media...
The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent

The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent

Date: Jun 10, 2025
The Common-Sense Approach to Sur Place Activities and State Surveillance: MH (Bangladesh) v SSHD Precedent Introduction MH (Bangladesh) v Secretary of State for the Home Department [2025] EWCA Civ...
Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968

Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968

Date: Jun 9, 2025
Wishart v R ([2025] EWCA Crim 704): Fresh Evidence and Guilty-Plea Appeals Under Section 23 CAA 1968 Introduction In Wishart v R, the England and Wales Court of Appeal (Criminal Division) dismissed...
Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations

Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations

Date: Jun 9, 2025
Principal Amount of Secured Debt Excluded from Moratorium Debts under the Debt Respite Scheme Regulations Introduction Forbes v Interbay Funding Ltd ([2025] EWCA Civ 690) is a landmark decision of...
Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD

Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD

Date: Jun 9, 2025
Clarifying the Burden of Proof for Return Viability and Safe Third Country Principle in Asylum Law: AAZA (Yemen) v SSHD Introduction AAZA (a Yemeni national born in 2000, long resident in China but...
Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021

Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021

Date: Jun 9, 2025
Gillespie v Wardrop: Publication on Public Interest and Honest Opinion Defences under the Defamation and Malicious Publication (Scotland) Act 2021 Introduction In James Gillespie and another v Alan...
Waller-Edwards v One Savings Bank Plc: The New Bright-Line Test for Hybrid Non-Commercial Loans

Waller-Edwards v One Savings Bank Plc: The New Bright-Line Test for Hybrid Non-Commercial Loans

Date: Jun 9, 2025
“Any Non-Commercial Loan with More Than a De Minimis Surety Element Puts the Lender on Inquiry” — A Commentary on Waller-Edwards v One Savings Bank Plc ([2025] UKSC 22) 1. Introduction In...
Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals

Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals

Date: Jun 9, 2025
Clarifying the Scope and Boundaries of Planning Permission in Principle and Reporter Discretion in AMSC Appeals Introduction This case arises from an appeal by J29 (Scotland) Limited ("the...
Balancing Costs in Judicial Review: Discretionary Framework Established in McShane v Data Protection Commissioner [No. 2]

Balancing Costs in Judicial Review: Discretionary Framework Established in McShane v Data Protection Commissioner [No. 2]

Date: Jun 9, 2025
Balancing Costs in Judicial Review: Discretionary Framework Established in McShane v Data Protection Commissioner [No. 2] Introduction McShane v Data Protection Commissioner [No. 2] ([2025] IEHC 314)...
Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing

Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing

Date: Jun 7, 2025
Barrett (2025): Elevating Victim Vulnerability and Severe Psychological Injury to Category 2B Harm in Sexual Offence Sentencing Introduction In Barrett, R. v ([2025] EWCA Crim 840) the Court of...
R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed

R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed

Date: Jun 7, 2025
R v Raja & Idrak – The “Immaterial Misdirection” Principle and Post-Offence Sentencing Guidelines Endorsed Introduction The Court of Appeal’s decision in Raja & Anor, R. v ([2025] EWCA Crim 948)...
Povall v R – “Not Every Interjection is Intervention”:  The Refined Threshold for Quashing Convictions on the Ground of Judicial Questioning

Povall v R – “Not Every Interjection is Intervention”: The Refined Threshold for Quashing Convictions on the Ground of Judicial Questioning

Date: Jun 6, 2025
“Not Every Interjection is Intervention” – Povall, R. v ([2025] EWCA Crim 802) and the Refined Threshold for Quashing Convictions Owing to Judicial Questioning 1. Introduction In Povall, R. v ([2025]...
Byrne v ABO Energy: Annualised General Damages and Full Injunctions for Wind-Farm Noise – An Irish Blueprint for Balancing Nuisance Rights and Climate Policy

Byrne v ABO Energy: Annualised General Damages and Full Injunctions for Wind-Farm Noise – An Irish Blueprint for Balancing Nuisance Rights and Climate Policy

Date: Jun 6, 2025
Byrne v ABO Energy: Annualised General Damages and Full Injunctions for Wind-Farm Noise – An Irish Blueprint for Balancing Nuisance Rights and Climate Policy Introduction On 5 June 2025 Mr Justice...
Cain v R: Elevating Multiple Category-A Factors Above Mitigation in Fatal Dangerous-Driving Sentences

Cain v R: Elevating Multiple Category-A Factors Above Mitigation in Fatal Dangerous-Driving Sentences

Date: Jun 6, 2025
Cain v R: Elevating Multiple Category-A Factors Above Mitigation in Fatal Dangerous-Driving Sentences Introduction On 5 June 2025 the Court of Appeal (Criminal Division) delivered its judgment in...
“The Roach Ceiling” – Clarifying the Limits on Upward Departure from Sentencing Council Guideline Ranges

“The Roach Ceiling” – Clarifying the Limits on Upward Departure from Sentencing Council Guideline Ranges

Date: Jun 6, 2025
“The Roach Ceiling” – Clarifying the Limits on Upward Departure from Sentencing Council Guideline Ranges 1. Introduction In Roach, R. v ([2025] EWCA Crim 786) the Court of Appeal (Criminal Division)...

        R v Legg [2025] EWCA Crim 820 – The Court of Appeal Clarifies the
        Threshold for Appellate Interference with a Trial Judge’s Assessment
        of Psychological Harm under the Sexual Offences Guidelines

R v Legg [2025] EWCA Crim 820 – The Court of Appeal Clarifies the Threshold for Appellate Interference with a Trial Judge’s Assessment of Psychological Harm under the Sexual Offences Guidelines

Date: Jun 6, 2025
R v Legg [2025] EWCA Crim 820 Deference to Sentencer’s Findings of Psychological Harm and the Limits of the Unduly Lenient Sentence Reference 1. Introduction In R v Legg the Court of Appeal (Criminal...
Mandatory Minimum Firearm Sentences Must Run Consecutively to Drug Offences – Commentary on R v Wills [2025] EWCA Crim 811

Mandatory Minimum Firearm Sentences Must Run Consecutively to Drug Offences – Commentary on R v Wills [2025] EWCA Crim 811

Date: Jun 6, 2025
Mandatory Minimum Firearm Sentences Must Run Consecutively to Drug Offences A Detailed Commentary on R v Wills [2025] EWCA Crim 811 1. Introduction In Wills, R v ([2025] EWCA Crim 811) the Court of...
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