England and Wales Case Commentaries

Transitional Discretionary Leave: “Through to settlement” preserves the pre‑2012 route (including the 10‑year exclusion pathway), and unlawful refusals must be remitted—not replaced by a mandatory grant of ILR

Date: May 23, 2026

Transitional Discretionary Leave: “Through to settlement” preserves the pre‑2012 route (including the 10‑year exclusion pathway), and unlawful refusals must be remitted—not replaced by a mandatory...

“Expose to sanctions” in EPS voyage charter clauses means a real risk, not a balance-of-probabilities breach

Date: May 23, 2026

“Expose to sanctions” in EPS voyage charter clauses means a real risk, not a balance-of-probabilities breach Case: Tonzip Maritime (Singapore) PTE Ltd v 2 Rivers PTE Ltd Citation: [2026] EWCA Civ 641...

Limits on Post‑Trial Inquiry into Jury Issues: No s.23A CCRC Investigation Where the Record Suffices and No “Complete Repudiation” Is Shown

Date: May 23, 2026

Limits on Post‑Trial Inquiry into Jury Issues: No s.23A CCRC Investigation Where the Record Suffices and No “Complete Repudiation” Is Shown 1. Introduction In R v Sala [2026] EWCA Crim 735 (Court of...

Hearsay in Serious Violence Trials: Reliability, Safeguards, and the Limits of “Cherry-Picking” Impeachment Material

Date: May 23, 2026

Hearsay in Serious Violence Trials: Reliability, Safeguards, and the Limits of “Cherry-Picking” Impeachment Material Case: R v Huzcavitch Neutral citation: [2026] EWCA Crim 709 Court: England and...

Severe Disability and Degrading Custodial Conditions as Powerful Mitigation on an Unduly Lenient Sentence Reference

Date: May 23, 2026

Severe Disability and Degrading Custodial Conditions as Powerful Mitigation on an Unduly Lenient Sentence Reference 1) Introduction In R v Shrives [2026] EWCA Crim 738, the Court of Appeal (Criminal...

Article 3(1) Work Equipment Directive: Directly Effective Worker Right and Disjunctive “Emanation of the State” Test (Farrell)

Date: May 23, 2026

Article 3(1) Work Equipment Directive: Directly Effective Worker Right and Disjunctive “Emanation of the State” Test (Farrell) Case: Wetherell v Student Loans Company Ltd [2026] EWCA Civ 645 Court:...

Section 4(2) Contempt Act postponement orders must be tightly targeted and cannot suppress already-public material

Date: May 23, 2026

Section 4(2) Contempt Act postponement orders must be tightly targeted and cannot suppress already-public material 1) Introduction In The Secretary of State for the Home Department v Ammori, R (on...

Sentencing Guidelines Are Not “Watertight Compartments”: Holistic Categorisation, Totality, and the Protective Purpose of Extended Sentences

Date: May 23, 2026

Sentencing Guidelines Are Not “Watertight Compartments”: Holistic Categorisation, Totality, and the Protective Purpose of Extended Sentences 1) Introduction In R v Eniola Aminu ([2026] EWCA Crim...

R v Weston [2026] EWCA Crim 708 — Sentencing uplifts for “significant role” couriers in mega-scale cocaine conspiracies: when 20 years becomes manifestly excessive

Date: May 23, 2026

Sentencing uplifts for “significant role” couriers in mega-scale cocaine conspiracies: when 20 years becomes manifestly excessive Case: R v Weston [2026] EWCA Crim 708 (CA (Crim Div)) Date: 22 May...

Section 189A Personalised Plans Cannot Require “Part 6 Allocation Steps”: Clarifying the Part 6/Part 7 Boundary

Date: May 22, 2026

Section 189A Personalised Plans Cannot Require “Part 6 Allocation Steps”: Clarifying the Part 6/Part 7 Boundary 1. Introduction AA, R (On the Application Of) v London Borough of Waltham Forest...

RAND Compliance and the Impermissibility of Forcing Arbitration/Stays for Third-Party SEP Cross-Licence Disputes

Date: May 22, 2026

RAND Compliance and the Impermissibility of Forcing Arbitration/Stays for Third-Party SEP Cross-Licence Disputes 1. Introduction Acer Incorporated & Anor v Nokia Technologies OY concerns the...

Article 3 Medical Deportation Claims: “Intense Suffering” Is Mandatory and Speculative Post-Removal Offending/Imprisonment Is Too Remote

Date: May 22, 2026

Article 3 Medical Deportation Claims: “Intense Suffering” Is Mandatory and Speculative Post-Removal Offending/Imprisonment Is Too Remote Case: Secretary of State for the Home Department v OSB Neutral...

Deliberate Breach of a Freezing Order: “Harm” Includes Enforcement Burden and Immediate Custody Will Rarely Be Disturbed on Appeal

Date: May 22, 2026

Deliberate Breach of a Freezing Order: “Harm” Includes Enforcement Burden and Immediate Custody Will Rarely Be Disturbed on Appeal Introduction In Khan v North of England Coachworks Ltd [2026] EWCA...

Attorney General’s Reference and “Unduly Lenient” Sentences: Flexible Use of Guidelines and Limited Appellate Intervention

Date: May 22, 2026

Attorney General’s Reference and “Unduly Lenient” Sentences: Flexible Use of Guidelines and Limited Appellate Intervention 1. Introduction In R v Griffiths-Davies [2026] EWCA Crim 737, the Court of...

Position statements in Court of Protection cases are court records but not presumptively disclosable: open justice requires demonstrated need and Article 8–sensitive safeguards

Date: May 22, 2026

Position statements in Court of Protection cases are court records but not presumptively disclosable: open justice requires demonstrated need and Article 8–sensitive safeguards Introduction Re:...

Indefinite restraining orders for stalking: proportionality where risk is enduring and contact serves no legitimate purpose

Date: May 22, 2026

Indefinite restraining orders for stalking: proportionality where risk is enduring and contact serves no legitimate purpose Introduction In R v Taylor [2026] EWCA Crim 727, the Court of Appeal...

Regulators Do Not Enjoy Baxendale-Walker Costs Protection on Appeals from the SDT: Normal CPR Costs-Shifting Applies

Date: May 22, 2026

Regulators Do Not Enjoy Baxendale-Walker Costs Protection on Appeals from the SDT: Normal CPR Costs-Shifting Applies Introduction Dentons UK And Middle East LLP v Solicitors Regulation Authority Ltd...

Strict enforcement of the 7‑day Court of Appeal appeal deadline in NSIP DCO judicial reviews under PD 52D para 17.3

Date: May 22, 2026

Strict enforcement of the 7‑day Court of Appeal appeal deadline in NSIP DCO judicial reviews under PD 52D para 17.3 Case: Luton And District Association for the Control of Aircraft Noise, R (On the...

Near-Inevitability of Dismissal for Sexual Assault in the Armed Forces and Calibration of Service Detention Against Civilian Sentencing Ranges

Date: May 22, 2026

Near-Inevitability of Dismissal for Sexual Assault in the Armed Forces and Calibration of Service Detention Against Civilian Sentencing Ranges Case: Wachowiak, R. v Neutral citation: [2026] EWCA Crim...

R v Knight [2026] EWCA Crim 690 — Extreme Category A1 Section 18 Violence: Above-Guideline Sentences Without “Double Counting”

Date: May 21, 2026

Extreme Category A1 Section 18 Violence: Above-Guideline Sentences Without “Double Counting” Case: Knight, R. v Neutral citation: [2026] EWCA Crim 690 Court: England and Wales Court of Appeal...