England and Wales Case Commentaries

Security Enforcement Proceedings Under a Mortgage Jurisdiction Clause Do Not Breach a Separate Facility Arbitration Clause

Date: Apr 18, 2026

Security Enforcement Proceedings Under a Mortgage Jurisdiction Clause Do Not Breach a Separate Facility Arbitration Clause 1) Introduction FH Holding Moscow Ltd v AO UniCredit Bank & Anor [2026] EWCA...

Section 2 Modern Slavery Act 2015: No Requirement to Prove ECAT “Means” for Adult Trafficking

Date: Apr 18, 2026

Section 2 Modern Slavery Act 2015: No Requirement to Prove ECAT “Means” for Adult Trafficking Case: Moon Swee How & Anor v R Court: England and Wales Court of Appeal (Criminal Division) Neutral...

MN (Vietnam): Whole-Decision Assessment of Persecution and Restraint in “Reasons” Challenges

Date: Apr 18, 2026

MN (Vietnam): Whole-Decision Assessment of Persecution and Restraint in “Reasons” Challenges 1. Introduction MN (Vietnam) v Secretary of State for the Home Department [2026] EWCA Civ 485 is a Court...

Inferring a “Shoot and Be Shot At” Agreement from Seconds of Reciprocal Gunfire: Applying Gnango as Confined by Seed and ARU

Date: Apr 18, 2026

Inferring a “Shoot and Be Shot At” Agreement from Seconds of Reciprocal Gunfire: Applying Gnango as Confined by Seed and ARU 1. Introduction In R v Durrell-Smith [2026] EWCA Crim 463 (CA (Crim Div),...

Totality Requires an Express “Stand Back” When Activating a Suspended Sentence and Imposing Consecutive Custody

Date: Apr 18, 2026

Totality Requires an Express “Stand Back” When Activating a Suspended Sentence and Imposing Consecutive Custody Introduction In R v King [2026] EWCA Crim 526 (17 April 2026), the Court of Appeal...

Child Modern Slavery Defence (MSA 2015 s 45(4)): “Menace of Penalty” Language Discouraged, but Convictions May Remain Safe Where the “Reasonable Person” Limb Defeats the Defence

Date: Apr 18, 2026

Child Modern Slavery Defence (MSA 2015 s 45(4)): “Menace of Penalty” Language Discouraged, but Convictions May Remain Safe Where the “Reasonable Person” Limb Defeats the Defence 1) Introduction In...

Totality and Uplifts for Multiple Child-Sex Offences Across Multiple Victims in an Unduly Lenient Sentence Reference

Date: Apr 18, 2026

Totality and Uplifts for Multiple Child-Sex Offences Across Multiple Victims in an Unduly Lenient Sentence Reference 1) Introduction In R v Johnson [2026] EWCA Crim 549, the England and Wales Court...

Section 76 Sentencing: Short Relationships Can Still Merit Category A1 Where Intensity and Multi‑Method Control Maximise Fear

Date: Apr 18, 2026

Section 76 Sentencing: Short Relationships Can Still Merit Category A1 Where Intensity and Multi‑Method Control Maximise Fear 1) Introduction In Welsh, R. v [2026] EWCA Crim 595, the Court of Appeal...

Section 70C TCPA 1990: Power to Decline Determination Applies to Prospective Applications and Survives Compliance/Direct Action

Date: Apr 18, 2026

Section 70C TCPA 1990: Power to Decline Determination Applies to Prospective Applications and Survives Compliance/Direct Action 1. Introduction Moran, R (On the Application Of) v Medway Council...

Unfitness to Stand Trial on Appeal: When the Court Must Order Absolute Discharge Because No Supervision Order Is Practicable

Date: Apr 18, 2026

Unfitness to Stand Trial on Appeal: When the Court Must Order Absolute Discharge Because No Supervision Order Is Practicable 1. Introduction R. v Wood [2026] EWCA Crim 480 is a decision of the Court...

Prior Notice Limits Browne v Dunn in Asylum Appeals: “Tacit Acceptance” Is Not Concession and the FtT Must Decide on the Evidence as a Whole

Date: Apr 17, 2026

Prior Notice Limits Browne v Dunn in Asylum Appeals: “Tacit Acceptance” Is Not Concession and the FtT Must Decide on the Evidence as a Whole Case: MR (Pakistan) v Secretary of State for the Home...

Elrington Abuse-of-Process Principle Depends on Final Disposal, Not Mere Conviction: Prosecutors May Correct Under-Charging Before Sentence Where Earlier Proceedings Can Be “Unravelled”

Date: Apr 17, 2026

Elrington Abuse-of-Process Principle Depends on Final Disposal, Not Mere Conviction: Prosecutors May Correct Under-Charging Before Sentence Where Earlier Proceedings Can Be “Unravelled” Case: R v...

[2026] EWCA Crim 514 — Abuse of Process: Delay and Investigative Failings Rarely Justify a Stay Where Fairness Can Be Preserved by Jury Directions

Date: Apr 17, 2026

Abuse of Process (Fair Trial Limb): Delay and Investigative Failings Will Not Justify a Stay Where the Trial Process and Tailored Jury Directions Can Cure Any Forensic Disadvantage 1) Introduction In...

Victim Wishes Do Not Determine Sentence in Domestic-Context Stalking: Leave Granted to Correct Misleading Remarks, but Conditional Discharge Not “Unduly Lenient” Where Custody Already Served

Date: Apr 17, 2026

Victim Wishes Do Not Determine Sentence in Domestic-Context Stalking: Leave Granted to Correct Misleading Remarks, but Conditional Discharge Not “Unduly Lenient” Where Custody Already Served Case:...

Section 29 OAPA 1861: Harm Includes Foreseeable Risk When Using Corrosives in Public, Justifying Section 18 Guideline by Analogy and Extended Sentences

Date: Apr 17, 2026

Section 29 OAPA 1861: Harm Includes Foreseeable Risk When Using Corrosives in Public, Justifying Section 18 Guideline by Analogy and Extended Sentences 1) Introduction In R v Newton [2026] EWCA Crim...

Autistic Traits and Emotional Immaturity: Limited Sentencing Mitigation Without a Clear Link to Extreme Violence

Date: Apr 17, 2026

Autistic Traits and Emotional Immaturity: Limited Sentencing Mitigation Without a Clear Link to Extreme Violence 1. Introduction In R v Hoe [2026] EWCA Crim 554, the Court of Appeal (Criminal...

Undisclosed intent does not negate a victim’s “free, deliberate and informed” act for causation (Kennedy (No 2)), and s.13(2) CCRC references permit the CACD to revisit its own earlier safety ruling

Date: Apr 17, 2026

Undisclosed intent does not negate a victim’s “free, deliberate and informed” act for causation (Kennedy (No 2)), and s.13(2) CCRC references permit the CACD to revisit its own earlier safety ruling...

Street Racing Causing Serious Injury: “Racetrack” Driving on Public Roads Will Ordinarily Require Immediate Custody

Date: Apr 17, 2026

Street Racing Causing Serious Injury: “Racetrack” Driving on Public Roads Will Ordinarily Require Immediate Custody 1. Introduction In R v Courtney [2026] EWCA Crim 525, the Court of Appeal (Criminal...

Saheed v R [2026] EWCA Crim 464 — Commentary

Date: Apr 17, 2026

Sentencing Overlapping Drug Lines: Courts May Infer Higher Drug Quantities from Wealth, Images and Context Beyond Agreed Message Attributions 1. Introduction In Saheed v R [2026] EWCA Crim 464, the...

Fines with High-Level Community Orders: “Good Reasons” Required Where Punitive Requirements Already Punish

Date: Apr 17, 2026

Fines with High-Level Community Orders: “Good Reasons” Required Where Punitive Requirements Already Punish Case: Bakare, R. v Court: England and Wales Court of Appeal (Criminal Division) Neutral...