England and Wales Case Commentaries

Foreseeability Is Not Breach in Highway-Design Negligence: A Structured Evaluative Assessment Is Required

Date: Aug 25, 2026

Foreseeability Is Not Breach in Highway-Design Negligence: A Structured Evaluative Assessment Is Required 1. Introduction Transport for London v Young & Anor [2026] EWCA Civ 1095 concerned two...

Deliberate “road rage” manoeuvres in dangerous driving: categorisation above guideline starting points and strong resistance to suspension

Date: Aug 22, 2026

Deliberate “road rage” manoeuvres in dangerous driving: categorisation above guideline starting points and strong resistance to suspension 1) Introduction R v Wood [2026] EWCA Crim 1177 (CA (Crim...

Drone-enabled Prison Contraband Conspiracies: Upper-end sentences for cannabis supply and near-maximum for phones/dongles, applying totality

Date: Aug 20, 2026

Drone-enabled Prison Contraband Conspiracies: Upper-end sentences for cannabis supply and near-maximum for phones/dongles, applying totality 1) Introduction In Dragovic, R. v [2026] EWCA Crim 1176...

R v Hossen [2026] EWCA Crim 1065 — Section 2(9) Terrorism Act 2006 defence: universally available, objectively assessed, and proved by the defendant

Date: Aug 14, 2026

Section 2(9) Terrorism Act 2006 defence: universally available, objectively assessed, and proved by the defendant Case: R v Hossen Neutral citation: [2026] EWCA Crim 1065 (CA (Crim Div), 7 August...

Case Management Pending a Supreme Court Jurisdiction Challenge: Extending CPR 11(7) Time While Requiring a Defence with Protective Undertakings and Cost Indemnity

Date: Aug 14, 2026

Case Management Pending a Supreme Court Jurisdiction Challenge: Extending CPR 11(7) Time While Requiring a Defence with Protective Undertakings and Cost Indemnity 1. Introduction Sucden Financial Ltd...

Exceptional Suspension of a Section 18 Sentence Where Immediate Custody Would Disproportionately Harm Children with Special Educational Needs

Date: Aug 14, 2026

Exceptional Suspension of a Section 18 Sentence Where Immediate Custody Would Disproportionately Harm Children with Special Educational Needs Introduction In R v Cahill [2026] EWCA Crim 1140, the...

Permissible Judicial Intervention: Recalling a Defendant to Address a Live Evidential Inference Without Entering the Arena

Date: Aug 12, 2026

Permissible Judicial Intervention: Recalling a Defendant to Address a Live Evidential Inference Without Entering the Arena Case: R v Vaux Neutral citation: [2026] EWCA Crim 1129 Court: Court of...

Unfair Dismissal and the “Curing” Effect of Internal Appeals: When an ET Need Not Spell It Out

Date: Aug 8, 2026

Unfair Dismissal and the “Curing” Effect of Internal Appeals: When an ET Need Not Spell It Out Case: Argence-Lafon v Ark Syndicate Management Ltd [2026] EWCA Civ 1039 Court: England and Wales Court...

ANPS “Material Impact” Net Zero Test Is Distinct from IEMA GHG Significance Ratings: Reliance on Jet Zero Strategy, Qualitative Non‑CO₂ EIA, and Constrained “Otherwise Agreed” DCO Requirements

Date: Aug 8, 2026

ANPS “Material Impact” Net Zero Test Is Distinct from IEMA GHG Significance Ratings: Reliance on Jet Zero Strategy, Qualitative Non‑CO₂ EIA, and Constrained “Otherwise Agreed” DCO Requirements 1)...

Fresh mitigation on appeal: suspending an otherwise proper immediate custodial sentence where new evidence shows stark harm to dependent children

Date: Aug 7, 2026

Fresh mitigation on appeal: suspending an otherwise proper immediate custodial sentence where new evidence shows stark harm to dependent children 1. Introduction In R v TIR [2026] EWCA Crim 1106, the...

Totality and “Uplift” on a Lead Controlling/Coercive Behaviour Sentence Despite Concurrent Terms

Date: Aug 6, 2026

Totality and “Uplift” on a Lead Controlling/Coercive Behaviour Sentence Despite Concurrent Terms Introduction In Rex v Procyk [2026] EWCA Crim 1104, the Court of Appeal (Criminal Division) (Lady...

Extraordinary Delay Without Explanation Defeats an Extension of Time; Meritless Renewed Applications May Attract a Loss of Time Direction

Date: Aug 5, 2026

Extraordinary Delay Without Explanation Defeats an Extension of Time; Meritless Renewed Applications May Attract a Loss of Time Direction Case O'Brien, R. v [2026] EWCA Crim 1098 Court England and...

Judicial Review and s.91(14) Children Act: No obligation to issue barred applications; Administrative Court intervenes only for exceptional denial of justice

Date: Aug 5, 2026

Judicial Review and s.91(14) Children Act: No obligation to issue barred applications; Administrative Court intervenes only for exceptional denial of justice 1. Introduction In LAU, R (On the...

Guilty Plea Appeals: Delay, “Fresh Evidence”, and the High Bar for Vacating Pleas

Date: Aug 5, 2026

Guilty Plea Appeals: Delay, “Fresh Evidence”, and the High Bar for Vacating Pleas Case: Dookhun, R. v Neutral citation: [2026] EWCA Crim 1099 Court: England and Wales Court of Appeal (Criminal...

Section 333A POCA: Transaction-Specific “Tipping Off” Within a Wider Investigation; and “Duty” for Forgery Includes Investigative Employment/Public Duties

Date: Aug 1, 2026

Section 333A POCA: Transaction-Specific “Tipping Off” Within a Wider Investigation; and “Duty” for Forgery Includes Investigative Employment/Public Duties Introduction In Osmond, R. v [2026] EWCA...

Account of profits for patent infringement: apportionment where infringement does not “drive” sales; exclusive licensee “single pot” limits patentee recovery

Date: Aug 1, 2026

Account of profits for patent infringement: apportionment where infringement does not “drive” sales; exclusive licensee “single pot” limits patentee recovery Court: England and Wales Court of Appeal...

CPR 52.4 Oral Reconsideration: Email Requests, TWM Gatekeeping, and Equitable Mortgage Backstops

Date: Aug 1, 2026

CPR 52.4 Oral Reconsideration: Email Requests, “Totally Without Merit” Gatekeeping, and Equitable Mortgage Backstops Case: Evans & Anor v Swansea Building Society Neutral citation: [2026] EWCA Civ...

Unlawful Act Manslaughter on Secondary Liability: Context Can Cure Imperfect Identification of the Base Offence in a Route to Verdict

Date: Aug 1, 2026

Unlawful Act Manslaughter on Secondary Liability: Context Can Cure Imperfect Identification of the Base Offence in a Route to Verdict 1. Introduction In Jamal & Ors v R [2026] EWCA Crim 951, the...

Supplier “Business Connexion” Under Partnership Act 1890 s.29 Requires a Partnership Asset; s.42 Does Not Apply Where Both Ex‑Partners Trade Post‑Dissolution

Date: Aug 1, 2026

Supplier “Business Connexion” Under Partnership Act 1890 s.29 Requires a Partnership Asset; s.42 Does Not Apply Where Both Ex‑Partners Trade Post‑Dissolution Court: England and Wales Court of Appeal...

User Damages as an Arguable Remedy for Section 18 Competition Act 1998 Abuses Involving Data

Date: Aug 1, 2026

User Damages as an Arguable Remedy for Section 18 Competition Act 1998 Abuses Involving Data 1. Introduction In Meta Platforms Inc & Ors v Gormsen [2026] EWCA Civ 993, the Court of Appeal (Green LJ,...