England and Wales Case Commentaries

Costs against the Parole Board for administrative parole delay: Davies/Gourlay neutrality protection does not apply to HRA damages claims

Date: Sep 18, 2026

Costs against the Parole Board for administrative parole delay: Davies/Gourlay neutrality protection does not apply to HRA damages claims Case: Fitzgerald, R (On the Application Of) v Parole Board...

Mitigation for “Steps Taken to Address Addiction” Requires a Causal Link to the Offending (Drug Supply Sentencing)

Date: Sep 18, 2026

Mitigation for “Steps Taken to Address Addiction” Requires a Causal Link to the Offending (Drug Supply Sentencing) 1. Introduction In R v Salmon [2026] EWCA Crim 1201, the Court of Appeal (Criminal...

Abandonment Under s104(4A) Is an Excluded “Preliminary Decision”: No Upper Tribunal Jurisdiction

Date: Sep 17, 2026

Abandonment Under s104(4A) Is an Excluded “Preliminary Decision”: No Upper Tribunal Jurisdiction Case: Guerrero v Secretary of State for Home Department Citation: [2026] EWCA Civ 953 (Court of Appeal...

Interpreting the s277A Presumption: “Exceptional Circumstances” and the 12‑Month Custody Boundary

Date: Sep 17, 2026

Interpreting the s277A Presumption: “Exceptional Circumstances” and the 12‑Month Custody Boundary 1) Introduction In Hodge & Ors v R [2026] EWCA Crim 1181, the Court of Appeal (Criminal Division)...

Care Act Needs Assessments: Mandatory MCA Capacity Assessment Where Capacity is in Doubt

Date: Sep 16, 2026

Care Act Needs Assessments: Mandatory MCA Capacity Assessment Where Capacity is in Doubt Introduction In R (TDB) v London Borough of Haringey [2026] EWCA Civ 1184, the Court of Appeal (Bean LJ, Baker...

Disclosure Failure and Third-Party Bad Character: Later Rape Conviction Not “Substantially Probative” of Responsibility for a No-Body Murder (s.100 CJA 2003)

Date: Sep 16, 2026

Disclosure Failure and Third-Party Bad Character: Later Rape Conviction Not “Substantially Probative” of Responsibility for a No-Body Murder (s.100 CJA 2003) 1. Introduction Osment v R [2026] EWCA...

Contractual Indemnities “While Performing Duties Under This Agreement” Are Prospective Only; Regulatory PPI Redress Is Not a Contribution Act “Liability” Without an Actionable Private-Law Cause

Date: Sep 16, 2026

Contractual Indemnities “While Performing Duties Under This Agreement” Are Prospective Only; Regulatory PPI Redress Is Not a Contribution Act “Liability” Without an Actionable Private-Law Cause 1)...

SGO in Care Proceedings: Proportionality Required and Threshold Typically Determined Before Permanently Placing a Child with a Foster Carer

Date: Sep 11, 2026

SGO in Care Proceedings: Proportionality Required and Threshold Typically Determined Before Permanently Placing a Child with a Foster Carer Case: Re E (A Child) (Special Guardianship Order: Public...

Procedural Fairness and Section 31(2A) in Sponsor Licence Revocations: “Genuine Vacancy” and “Threat to Immigration Control” under Home Office Sponsor Guidance

Date: Sep 9, 2026

Procedural Fairness and Section 31(2A) in Sponsor Licence Revocations: “Genuine Vacancy” and “Threat to Immigration Control” under Home Office Sponsor Guidance Case: J's Supermarket Ltd, R (On the...

TUPE Regulation 4(2)(a) Does Not Transfer an Employer’s Vicarious Liability to Third Parties

Date: Sep 9, 2026

TUPE Regulation 4(2)(a) Does Not Transfer an Employer’s Vicarious Liability to Third Parties Case: ABC v Huntercombe (No.12) Ltd & Ors Citation: [2026] EWCA Civ 1161 Court: Court of Appeal (Civil...

Security-Only Arrest Proceedings Do Not Stop the Hague-Visby Time Bar; Partial Deck Cargo Exclusion Requires Specific Identification Where Items Differ in Value

Date: Sep 9, 2026

Security-Only Arrest Proceedings Do Not Stop the Hague-Visby Time Bar; Partial Deck Cargo Exclusion Requires Specific Identification Where Items Differ in Value 1) Introduction In Batavia Eximp &...

Section 1 Prevention of Crime Act 1953: “Instant arming” during an assault is not “having with him” an offensive weapon

Date: Sep 3, 2026

Section 1 Prevention of Crime Act 1953: “Instant arming” during an assault is not “having with him” an offensive weapon Case: Kalinga v R Neutral citation: [2026] EWCA Crim 1135 Court: England and...

Limits on Fresh-Evidence Appeals in Joint-Enterprise Murder: Intermediaries, ADHD Evidence, and Diminished Responsibility Where the Defendant Denies the Killing Role

Date: Sep 3, 2026

Limits on Fresh-Evidence Appeals in Joint-Enterprise Murder: Intermediaries, ADHD Evidence, and Diminished Responsibility Where the Defendant Denies the Killing Role Case: Richardson v R Citation:...

Suspended Sentences After Sentencing Act 2026: Extended Power to 3 Years Does Not Dilute the “Wrong in Principle / Manifestly Excessive” Test

Date: Sep 3, 2026

Suspended Sentences After Sentencing Act 2026: Extended Power to 3 Years Does Not Dilute the “Wrong in Principle / Manifestly Excessive” Test 1) Introduction In R v Davis & Anor [2026] EWCA Crim...

Pleading and Appellate Limits on GDPR “Least Restrictive Alternative” (Pseudonymisation) Claims in Litigation Disclosure

Date: Aug 28, 2026

Pleading and Appellate Limits on GDPR “Least Restrictive Alternative” (Pseudonymisation) Claims in Litigation Disclosure Case: Kul & Ors v DWF Law LLP Citation: [2026] EWCA Civ 1130 (Court of Appeal...

Informal Non‑Goodyear Sentencing Indications Can Create a Legitimate Expectation Requiring Appellate Remedy

Date: Aug 27, 2026

Informal Non‑Goodyear Sentencing Indications Can Create a Legitimate Expectation Requiring Appellate Remedy 1) Introduction This Court of Appeal (Criminal Division) decision, Haslam, R. v [2026] EWCA...

Section 94 “Clearly Unfounded” Certification: Past Trafficking Alone Does Not Prevent Certification Without Specific Evidence of Future Risk or Protection Failures

Date: Aug 27, 2026

Section 94 “Clearly Unfounded” Certification: Past Trafficking Alone Does Not Prevent Certification Without Specific Evidence of Future Risk or Protection Failures Case: MB, R (On the Application Of)...

Section 37 CPIA 1996: No Early Publication of an Appeal Judgment While Related Trials Remain Pending, but Controlled Professional Sharing Permitted

Date: Aug 26, 2026

Section 37 CPIA 1996: No Early Publication of an Appeal Judgment While Related Trials Remain Pending, but Controlled Professional Sharing Permitted 1) Introduction This decision of the England and...

Unlawful IPP for a Non‑“Serious Offence”: 20‑Year Extension of Time and Substitution with a Section 227 Extended Sentence

Date: Aug 26, 2026

Unlawful IPP for a Non‑“Serious Offence”: 20‑Year Extension of Time and Substitution with a Section 227 Extended Sentence 1. Introduction In Haycock v R [2026] EWCA Crim 1105, the Court of Appeal...

When Unanimous Psychiatric Evidence Shows a Section 37/41 Regime Better Protects the Public, Sentencers Must Give Cogent, Evidence-Based Reasons to Prefer a Section 45A Hybrid Order

Date: Aug 26, 2026

When Unanimous Psychiatric Evidence Shows a Section 37/41 Regime Better Protects the Public, Sentencers Must Give Cogent, Evidence-Based Reasons to Prefer a Section 45A Hybrid Order Case: R v Coulson...