England and Wales Case Commentaries

Totality and Multiple-Death Uplifts in Gross Negligence Manslaughter Sentencing

Date: Jun 6, 2026

Totality and Multiple-Death Uplifts in Gross Negligence Manslaughter Sentencing: Lead Sentence May Exceed the Single‑Offence Guideline Range 1. Introduction In R v Lloyd [2026] EWCA Crim 917, the...

Reaffirmation of R v Jones: Proceeding with Trial in the Defendant’s Absence Where Non-Attendance Is Unexplained or Unconvincingly Justified

Date: Jun 6, 2026

Reaffirmation of R v Jones: Proceeding with Trial in the Defendant’s Absence Where Non-Attendance Is Unexplained or Unconvincingly Justified 1. Introduction In Naaim, R. v [2026] EWCA Crim 769, the...

Exceptional Mitigation and Factual Accuracy in Sentencing Emergency-Response Dangerous Driving; Mandatory 5-Year Disqualification and Section 35A RTOA 1988

Date: Jun 6, 2026

Exceptional Mitigation and Factual Accuracy in Sentencing Emergency-Response Dangerous Driving; Mandatory 5-Year Disqualification and Section 35A RTOA 1988 Introduction In R v Roberts [2026] EWCA...

Staying Within Burglary Guideline Ranges Despite “Third Strike” Minimums: Proportionate Uplifts and Totality

Date: Jun 5, 2026

Staying Within Burglary Guideline Ranges Despite “Third Strike” Minimums: Proportionate Uplifts and Totality Introduction In Wall, R. v [2026] EWCA Crim 768, the Court of Appeal (Criminal Division)...

AI-Assisted Witness Coaching: Stay for Abuse Is Exceptional and Usually Curable by Trial Process

Date: Jun 5, 2026

AI-Assisted Witness Coaching: Stay for Abuse Is Exceptional and Usually Curable by Trial Process 1) Introduction In R. v FGD [2026] EWCA Crim 918, the Court of Appeal (Criminal Division) (Lady...

Sentencing for Rape: Youth/Immaturity Must Be Addressed as Mitigation and Explained in the Final Term

Date: Jun 5, 2026

Sentencing for Rape: Youth/Immaturity Must Be Addressed as Mitigation and Explained in the Final Term 1. Introduction In R v EMP [2026] EWCA Crim 750, the Court of Appeal (Criminal Division) reviewed...

“Significant Degree of Planning” Sets a High Threshold for Culpability A in Sexual Activity with a Child Sentencing

Date: Jun 5, 2026

“Significant Degree of Planning” Sets a High Threshold for Culpability A in Sexual Activity with a Child Sentencing 1) Introduction In R v James [2026] EWCA Crim 767, the Court of Appeal (Criminal...

[2026] EWCA Civ 698 — Certainty Remains Essential for an Hourly-Rate Contentious Business Agreement

Date: Jun 4, 2026

Hourly-Rate Litigation Retainers Are Not Contentious Business Agreements Unless the Remuneration Is Sufficiently Certain Case: Broadfield Law UK LLP v Barnes Citation: [2026] EWCA Civ 698 (Court of...

Abuse of Process (Second Limb): An Inconsistent Basis of Plea in Related Youth Court Proceedings Will Not Usually Bar Prosecution of Co-Defendants Where Public Confidence Favours Trial

Date: Jun 4, 2026

Abuse of Process (Second Limb): An Inconsistent Basis of Plea in Related Youth Court Proceedings Will Not Usually Bar Prosecution of Co-Defendants Where Public Confidence Favours Trial 1....

Sentencing Young Adult Class A Supply: Mandatory Consideration of Maturity, Mitigation, and Suspension (R v Berry [2026] EWCA Crim 747)

Date: Jun 4, 2026

Sentencing Young Adult Class A Supply: Mandatory Consideration of Maturity, Mitigation, and Suspension 1) Introduction In Rex v Jayden Berry [2026] EWCA Crim 747, the Court of Appeal (Criminal...

Target duties under the Care Act 2014 are not “mandatory relevant considerations” for discretionary service-closure decisions unless the governing power requires it

Date: Jun 3, 2026

Target duties under the Care Act 2014 are not “mandatory relevant considerations” for discretionary service-closure decisions unless the governing power requires it Case: Gould, R (On the Application...

Non‑mechanistic application of Schedule 21 youth murder starting points and “ought to be obvious” culpability for child manslaughter offenders

Date: Jun 2, 2026

Non‑mechanistic application of Schedule 21 youth murder starting points and “ought to be obvious” culpability for child manslaughter offenders Case: VGT & Ors [2026] EWCA Crim 919 (CACD) Procedure:...

R (A Child: Leave to Oppose Adoption) [2026] EWCA Civ 673 — Commentary

Date: May 29, 2026

Leave to Oppose Adoption: Correct s.47 Two‑Stage Analysis, “Belt-and-Braces” Alternative Findings, and a Prohibition on Same‑Day Adoption Orders 1. Introduction In R (A Child: Leave to Oppose...

Descriptive Common Elements Can Be Weighed in Mark–Sign Comparison Without “Double Counting” (Shorts International Ltd v Google LLC)

Date: May 26, 2026

Descriptive Common Elements Can Be Weighed in Mark–Sign Comparison Without “Double Counting” (Shorts International Ltd v Google LLC) 1) Introduction In Shorts International Ltd v Google LLC [2026]...

Taborda & Anor v Rex [2026] EWCA Crim 627 — Commentary

Date: May 24, 2026

Section 5 Domestic Violence, Crime and Victims Act 2004: “Allowing” Liability Turns on an Evidenced Pre-existing Risk and Foreseeable Circumstances—Not Mere Breach of a Safety Plan or Generalised...

Affray directions: omission of s.6(2) mens rea is not fatal where the jury’s actus reus finding inexorably proves intent

Date: May 24, 2026

Affray directions: omission of s.6(2) mens rea is not fatal where the jury’s actus reus finding inexorably proves intent 1) Introduction In Summerson & Anor v Rex [2026] EWCA Crim 625, the Court of...

Adoption Is Not an “Either/Or” with Family Bonds: Courts Must Properly Apply ACA 2002 Welfare and Use s.26 Contact to Secure Sibling Relationships

Date: May 23, 2026

Adoption Is Not an “Either/Or” with Family Bonds: Courts Must Properly Apply ACA 2002 Welfare and Use s.26 Contact to Secure Sibling Relationships 1. Introduction In Re L (A Child: Placement and...

Hamer v Levy [2026] EWCA Civ 662 — Commentary

Date: May 23, 2026

Limits on Striking Out an Appeal Notice Pre‑Permission and “Substantial Effect” Compliance for Tenancy Deposit Prescribed Information 1. Introduction In Hamer v Levy [2026] EWCA Civ 662, the Court of...

Conditional Fee Agreements: Express Termination-and-Payment Code Defeats Restitutionary Quantum Meruit After Repudiation

Date: May 23, 2026

Conditional Fee Agreements: Express Termination-and-Payment Code Defeats Restitutionary Quantum Meruit After Repudiation 1. Introduction The Winros Partnership v Global Energy Horizons Corporation...

Repayment Defences in Foreign-Law Tort Claims: Pleading “Choice” and Proving Discharge Beyond Ledger Entries

Date: May 23, 2026

Repayment Defences in Foreign-Law Tort Claims: Pleading “Choice” and Proving Discharge Beyond Ledger Entries 1. Introduction JSC Commercial Bank Privatbank v Kolomosiky & Anor [2026] EWCA Civ 658 is...