uber- Case Commentaries

Distinguishing Roles in Aggregate Sentencing: Adjustments for Proportionality in Dual Shooting Offences

Date: Mar 1, 2025

Distinguishing Roles in Aggregate Sentencing: Adjustments for Proportionality in Dual Shooting Offences Introduction The case of Lawrence, R. v ([2025] EWCA Crim 181) addresses the complex issue of...

Balancing False Allegations and Litigation Costs in Children Act Proceedings: A New Approach

Date: Mar 1, 2025

Balancing False Allegations and Litigation Costs in Children Act Proceedings: A New Approach Introduction The judgment in E (Children: Costs) [2025] EWCA Civ 183 from the England and Wales Court of...

Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB

Date: Mar 1, 2025

Strict Adherence to Appeal Deadlines under the 2004 Act: The Absolute 21-Day Rule in Olaszewski v RTB Introduction The case of Olaszewski v The Residential Tenancies Board (Approved) [2025] IEHC 113...

Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327

Date: Mar 1, 2025

Clarifying Appeal Rights: Distinguishing Revised Decisions from Decisions Not to Revise under Section 327 Introduction The judgment in McE v Chief Appeals Officer & Ors ([2025] IEHC 114) represents a...

Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals

Date: Mar 1, 2025

Raza v Minister for Justice: Employment Permits Must Be Expressly Considered; Fairness and Reason-Giving Reinforced in Long‑Stay Work Visa Refusals Introduction In Raza v Minister for Justice ([2025]...

Flexible Sentencing Range and Totality Principle in Kidnapping with GBH – King v Potts [2025] NICA 22

Date: Mar 1, 2025

Flexible Sentencing Range and Totality Principle in Kidnapping with GBH – King v Potts [2025] NICA 22 Introduction King v Adam Potts ([2025] NICA 22) is a landmark decision of the Court of Appeal in...

Curtis v R (EWCA Crim 276): Thresholds for Leave to Appeal and Fresh Evidence

Date: Feb 28, 2025

Curtis v R (EWCA Crim 276): Thresholds for Leave to Appeal and Fresh Evidence Introduction In Curtis v R ([2025] EWCA Crim 276), the England & Wales Court of Appeal (Criminal Division) reaffirmed the...

Nasr v Minister for Justice: No New Grounds on Review and Disclosure of Third‑Party Allegations — Fair Procedure Requires a “Sufficiently Solid Factual Basis” in EU Free‑Movement Marriage‑of‑Convenience Decisions

Date: Feb 28, 2025

Nasr v Minister for Justice: No New Grounds on Review and Disclosure of Third‑Party Allegations — Fair Procedure Requires a “Sufficiently Solid Factual Basis” in EU Free‑Movement...

Clarifying the Tribunal’s Duty to Identify Claims Not Clearly Pleaded

Date: Feb 28, 2025

Clarifying the Tribunal’s Duty to Identify Claims Not Clearly Pleaded 1. Introduction The case of Moustache v Chelsea And Westminster Hospital NHS Foundation Trust ([2025] EWCA Civ 185) revolves...

Reynolds v Chief Constable of the PSNI – Court of Appeal confirms that vehicle occupants fall within “persons in the specified area or place” and that delay in implementing Code-based community-monitoring does not vitiate Schedule 3 stop-and-search powers

Date: Feb 28, 2025

Vehicle Occupants, Suspicion-less Searches and the Force of Codes: A Commentary on Reynolds, Application for Judicial Review ([2025] NICA 28) Introduction The Court of Appeal in Northern Ireland...

“Beyond the Tent”: The Court of Appeal Confirms a Broad Evidential Canvas for Child-Cruelty Charges and Re-states the Wide Discretion to Take Partial Verdicts – Commentary on Marten & Anor v Rex ([2025] EWCA Crim 241)

Date: Feb 28, 2025

“Beyond the Tent”: The Court of Appeal Confirms a Broad Evidential Canvas for Child-Cruelty Charges and Re-states the Wide Discretion to Take Partial Verdicts Commentary on Marten & Anor v Rex...

R v To [2025] EWCA Crim 275: Industrial-Scale Spice Conspiracies and the Totality Principle in Sentencing

Date: Feb 28, 2025

R v To [2025] EWCA Crim 275: Industrial-Scale Spice Conspiracies and the Totality Principle in Sentencing Introduction This appeal arises from the England and Wales Court of Appeal (Criminal...

A Case-Specific Evidential Nexus Is Required Before Third-Party DNA or Sexual History Can Be Used in a Sexual-Offence Trial

Date: Feb 28, 2025

A Case-Specific Evidential Nexus Is Required Before Third-Party DNA or Sexual History Can Be Used in a Sexual-Offence Trial Case: Rex v Basith [2025] EWCA Crim 1891 Court: Court of Appeal (Criminal...

Reaffirming the “Fresh Decision” Requirement in Pharmacy Service Reconsiderations

Date: Feb 27, 2025

Reaffirming the “Fresh Decision” Requirement in Pharmacy Service Reconsiderations Introduction In Petition of Abbey Chemists LTD for Judicial Review (Court of Session) ([2025] CSOH 21), the Scottish...

Zgonec-Rozej & Ors v Pereira: Clarification of the Primacy of the “But For” Test in Negligence

Date: Feb 27, 2025

Zgonec-Rozej & Ors v Pereira: Clarification of the Primacy of the “But For” Test in Negligence Introduction This case, Zgonec-Rozej & Ors v Pereira ([2025] EWCA Civ 171), arose from the tragic death...

Clarifying the Retroactive Effect of British Citizenship Deprivation Orders

Date: Feb 27, 2025

Clarifying the Retroactive Effect of British Citizenship Deprivation Orders 1. Introduction This landmark ruling in N3 v Secretary of State for the Home Department [2025] UKSC 6 addresses critical...

Supreme Court Clarifies the Adverse Possession “Boundary Condition” Under the Land Registration Act 2002

Date: Feb 27, 2025

Supreme Court Clarifies the Adverse Possession “Boundary Condition” Under the Land Registration Act 2002 1. Introduction In Brown v Ridley & Anor (Rev1) ([2025] UKSC 7), the Supreme Court of the...

Reinforcing Judicial Discretion: Managing Jury Conduct and Defendant Behavior in Sensitive Sexual Offence Trials

Date: Feb 27, 2025

Reinforcing Judicial Discretion: Managing Jury Conduct and Defendant Behavior in Sensitive Sexual Offence Trials Introduction This commentary provides a detailed examination of McMahon, R. v ([2025]...

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)...

Trimble v Cassidy: Statutory Protection under s.21 Conveyancing Act 1881 Requires the Power of Sale to Have Arisen

Date: Feb 27, 2025

Trimble & Anor v Cassidy & Anor ([2025] NICA 31) – Court of Appeal in Northern Ireland “Statutory Protection under s.21 Conveyancing Act 1881 Requires the Power of Sale to Have Arisen” 1....