England and Wales Case Commentaries

Extended Determinate Sentences for Repeat “Rolex”-Style Street Robberies on Licence: Disparity and Dangerousness in [2026] EWCA Crim 675

Date: May 8, 2026

Extended Determinate Sentences for Repeat “Rolex”-Style Street Robberies on Licence: Disparity and Dangerousness 1) Introduction In R v Whittingham [2026] EWCA Crim 675, the Court of Appeal (Criminal...

Bespoke Jury Directions on “Sexual” (s.78 SOA 2003) in Alleged Medically Inappropriate Intimate Examinations

Date: May 8, 2026

Bespoke Jury Directions on “Sexual” (s.78 SOA 2003) in Alleged Medically Inappropriate Intimate Examinations 1. Introduction In R v Davis [2026] EWCA Crim 671, the Court of Appeal (Criminal Division)...

Section 31 Highways Act 1981: Intermission Is Not “Interruption” and Must Be Evaluated Over the Whole 20-Year Period

Date: May 8, 2026

Section 31 Highways Act 1981: Intermission Is Not “Interruption” and Must Be Evaluated Over the Whole 20-Year Period Case: Roxlena Ltd v The Ramblers' Association & Ors, R (On the Application Of)...

Statutory Maximum Caps the Pre‑Plea “Notional” Sentence Even Where a Lead Offence Is Used to Achieve Totality

Date: May 8, 2026

Statutory Maximum Caps the Pre‑Plea “Notional” Sentence Even Where a Lead Offence Is Used to Achieve Totality 1. Introduction In Santos, R. v [2026] EWCA Crim 676, the Court of Appeal (Criminal...

[2026] EWCA Crim 636 — Guilty Plea Credit Must Be Applied Even Where the Judge Adjusts for Time Already Served on Related Offending

Date: May 7, 2026

Guilty Plea Credit Must Be Applied Even Where the Judge Adjusts for Time Already Served on Related Offending Case: R v Hall Neutral citation: [2026] EWCA Crim 636 Court: England and Wales Court of...

Affray Sentencing: Culpability A/Category 1 Harm May Still Warrant Suspension Where Rehabilitation Prospects and Impact on Others Justify It

Date: May 7, 2026

Affray Sentencing: Culpability A/Category 1 Harm May Still Warrant Suspension Where Rehabilitation Prospects and Impact on Others Justify It Case: R v Toon Citation: [2026] EWCA Crim 622 Court: Court...

Permission to appeal in heavy TCC litigation: “failure to engage” does not dilute appellate restraint on findings of fact and foreign law

Date: May 7, 2026

Permission to appeal in heavy TCC litigation: “failure to engage” does not dilute appellate restraint on findings of fact and foreign law Case Municipio de Mariana & Ors v BHP Group (UK) Ltd & Anor...

Refusing Long Extensions of Time Where No Arguable Appeal Ground Is Shown (CACD)

Date: May 7, 2026

Refusing Long Extensions of Time Where No Arguable Appeal Ground Is Shown (CACD) Case: Rex v Izzet Kirmizigil [2026] EWCA Crim 638 Court: England and Wales Court of Appeal (Criminal Division) Date: 6...

Alternative Sites in National Landscape Cases: an Unconsidered Specific Option Is Not Material Where the Committee Granted Permission Knowing Other Alternatives May Exist

Date: May 7, 2026

Alternative Sites in National Landscape Cases: an Unconsidered Specific Option Is Not Material Where the Committee Granted Permission Knowing Other Alternatives May Exist Case: Hilltop Experiences...

Restraining Orders on Acquittal: Necessity, Future Risk, and Proper CrimPR Procedure (Not a Bargaining Chip)

Date: May 2, 2026

Restraining Orders on Acquittal: Necessity, Future Risk, and Proper CrimPR Procedure (Not a Bargaining Chip) Case: Auguste, R. v Citation: [2026] EWCA Crim 710 (CACD) Date: 1 May 2026 Judges: Holgate...

Mandatory Section 325 Sentencing Act 2020 Credit Declarations for Qualifying Curfew on Activation of Suspended Sentences (and Neutralising “Double Recovery” on Appeal)

Date: May 2, 2026

Mandatory Section 325 Sentencing Act 2020 Credit Declarations for Qualifying Curfew on Activation of Suspended Sentences (and Neutralising “Double Recovery” on Appeal) 1. Introduction In [2026] EWCA...

Agwo, R. v [2026] EWCA Crim 614 — Harm Categorisation in Robbery and Re-evaluation of Dangerousness for Extended Sentences in Youthful Offenders

Date: May 1, 2026

Harm Categorisation in Robbery and Re-evaluation of Dangerousness for Extended Sentences in Youthful Offenders 1. Introduction In Agwo, R. v [2026] EWCA Crim 614, the Court of Appeal (Criminal...

CPR 52.30: Reopening a Refusal of Permission to Appeal Requires an Exceptional Process Failure and a Powerful Probability of a Different Result

Date: May 1, 2026

CPR 52.30: Reopening a Refusal of Permission to Appeal Requires an Exceptional Process Failure and a Powerful Probability of a Different Result Case: Magomedov & Ors v TPG Group Holdings (SBS) LP &...

Lease Disclaimer as a “Failure” Triggering Parent Company Guarantee Indemnity for AGA New-Lease Costs

Date: May 1, 2026

Lease Disclaimer as a “Failure” Triggering Parent Company Guarantee Indemnity for AGA New-Lease Costs Case: Kiko UK Ltd v Jamino Ltd & Anor Citation: [2026] EWCA Civ 513 Court: Court of Appeal (Civil...

Muca v El Amrani [2026] EWCA Civ 515 — Pre-Occupation Gas Safety Record as an Irremediable Condition of Section 21 Validity

Date: May 1, 2026

Pre-Occupation Gas Safety Record as an Irremediable Condition of Section 21 Validity Case: Muca v El Amrani; Harker v Hubert Citation: [2026] EWCA Civ 515; [2026] WLR(D) 250 Court: England and Wales...

Sentencing cannabis “gardeners”: intermediate culpability must be weighted towards lesser role, and “scale” cannot be double-counted as aggravation

Date: May 1, 2026

Sentencing cannabis “gardeners”: intermediate culpability must be weighted towards lesser role, and “scale” cannot be double-counted as aggravation 1. Introduction In R v Serjanaj [2026] EWCA Crim...

Section 20 Harm Categorisation: Category 1 Requires “Lifelong-Scale” Permanent Impact; Lesser Permanent Impairment Falls in Category 2

Date: May 1, 2026

Section 20 Harm Categorisation: Category 1 Requires “Lifelong-Scale” Permanent Impact; Lesser Permanent Impairment Falls in Category 2 1. Introduction In R v Dillon [2026] EWCA Crim 700, the Court of...

Re X (A Child) [2026] EWCA Civ 518: Strong Child Objections under Hague Article 13 May Be Outweighed by Planned Abduction and Parental Manipulation; Appellate Restraint in Evaluative Return Decisions

Date: May 1, 2026

Re X (A Child) [2026] EWCA Civ 518: Strong Child Objections under Hague Article 13 May Be Outweighed by Planned Abduction and Parental Manipulation; Appellate Restraint in Evaluative Return Decisions...

Deterrent Custody for Prison Drug-Smuggling Conspiracies Despite Brief Involvement and No Delivery

Date: May 1, 2026

Deterrent Custody for Prison Drug-Smuggling Conspiracies Despite Brief Involvement and No Delivery Introduction In R v Sallis [2026] EWCA Crim 600, the Court of Appeal (Criminal Division) (Soole J,...

Historic Sexual Offending Committed as a Child: Sentencing Must Reflect Youthful Culpability Despite Adult Conviction (Applying R v Ahmed and Others)

Date: Apr 30, 2026

Historic Sexual Offending Committed as a Child: Sentencing Must Reflect Youthful Culpability Despite Adult Conviction (Applying R v Ahmed and Others) Introduction In R v Christie [2026] EWCA Crim...