England and Wales Case Commentaries

Delay-Enabled Rehabilitation as Mitigation and the Limits of Unduly Lenient Sentence Review in Controlling or Coercive Behaviour Cases

Date: Apr 16, 2026

Delay-Enabled Rehabilitation as Mitigation and the Limits of Unduly Lenient Sentence Review in Controlling or Coercive Behaviour Cases Introduction In Wilson, R. v [2026] EWCA Crim 427, the Court of...

Withdrawal Agreement Article 10: “Facilitation” Protection Requires an Article 3(2) Directive Application (Not a Chen-Derivative Route)

Date: Apr 15, 2026

Withdrawal Agreement Article 10: “Facilitation” Protection Requires an Article 3(2) Directive Application (Not a Chen-Derivative Route) 1) Introduction Shaikh v The Secretary of State for the Home...

Category A Reviews: Oral Hearings Are Not Triggered by Disagreement with a Downgrade Recommendation

Date: Apr 15, 2026

Category A Reviews: Oral Hearings Are Not Triggered by Disagreement with a Downgrade Recommendation 1. Introduction R (on the application of Derek Murcott) v The Secretary of State for Justice [2026]...

Jones & Anor v R: No “Masih” Jury Direction Requirement and No Probative Weight in Absence of Police Intelligence

Date: Apr 4, 2026

Jones & Anor v R: No “Masih” Jury Direction Requirement and No Probative Weight in Absence of Police Intelligence 1. Introduction Jones & Anor v R concerned two appellants, Jordan Jones (driver) and...

Metcalf v R [2026] EWCA Crim 412 — Solicitor Presence and Admissibility of Vulnerable-Suspect Interviews; Limits on Psychiatric Fresh Evidence

Date: Apr 3, 2026

Metcalf v R [2026] EWCA Crim 412 — Solicitor Presence and Admissibility of Vulnerable-Suspect Interviews; Limits on Psychiatric Fresh Evidence Court: England and Wales Court of Appeal (Criminal...

Van Buuren v Cambridgeshire Constabulary & Ors [2026] EWCA Civ 391 — Commentary

Date: Apr 3, 2026

Triable-Issue Threshold in Police Misfeasance Claims: Alleged Falsification and Failure to Seek Witness Evidence Makes Summary Judgment Inappropriate 1. Introduction Van Buuren v Cambridgeshire...

DFB, R. v [2026] EWCA Crim 399 — Procedural Fairness and CrimPR 31 Compliance for s.5A Restraining Orders on Acquittal

Date: Apr 3, 2026

Restraining Orders on Acquittal Must Comply with CrimPR 31 Evidence/Hearsay Notice Requirements (and Procedural Unfairness Will Quash the Order) 1) Introduction DFB, R. v [2026] EWCA Crim 399 is a...

Singh v Bains & Anor: Appellate Deference on Findings of Fact and the “Compelling Evidence” Threshold Despite Misplaced Reliance on Burden-of-Proof Last-Resort Principles

Date: Apr 3, 2026

Singh v Bains & Anor: Appellate Deference on Findings of Fact and the “Compelling Evidence” Threshold Despite Misplaced Reliance on Burden-of-Proof Last-Resort Principles 1. Introduction Singh v...

Competition Damages: No “Err on the Side of Under-Compensation” When Using the Broad Axe (and Appellate Correction Where It Is Applied)

Date: Apr 3, 2026

Competition Damages: No “Err on the Side of Under-Compensation” When Using the Broad Axe (and Appellate Correction Where It Is Applied) 1. Introduction Granville Technology Group Ltd & Ors v LG...

Battery Needs No “Hostile Intent”: School Restraint and Seclusion Judged by Statutory Reasonableness (s.93 Education and Inspections Act 2006)

Date: Apr 3, 2026

Battery Needs No “Hostile Intent”: School Restraint and Seclusion Judged by Statutory Reasonableness (s.93 Education and Inspections Act 2006) 1) Introduction FXS (Through His Father And Litigation...

Appeal “Brought” on Delivery of Appellant’s Notice Despite Non‑Payment of Fee: Eskander v GMC

Date: Apr 3, 2026

Appeal “Brought” on Delivery of Appellant’s Notice Despite Non‑Payment of Fee (External Statutory Appeals) Case: Eskander v General Medical Council Citation: [2026] EWCA Civ 372 Court: England and...

Currie v Soho Theatre Company Ltd [2026] EWCA Civ 400 — Commentary

Date: Apr 3, 2026

Imputed Motive in Defamation: “Antisemitic” May Imply “Because They Were Jewish” Yet Remain Opinion in Meaning 1) Introduction Currie v Soho Theatre Company Ltd [2026] EWCA Civ 400 is a Court of...

Delegation of “Conduct of Litigation” Tasks: “Carry On” Requires Responsibility, Not Mere Performance

Date: Apr 3, 2026

Delegation of “Conduct of Litigation” Tasks: “Carry On” Requires Responsibility, Not Mere Performance Case: Chartered Institute of Legal Executive (CILEX) & Ors v Mazur & Ors Citation: [2026] EWCA...

Procedural Rigour in the FtT: Parties Must Identify the “Principal Controversial Issues” (Endorsing Lata; Narrowing “Serious Injustice” Escape)

Date: Apr 3, 2026

Procedural Rigour in the FtT: Parties Must Identify the “Principal Controversial Issues” (Endorsing Lata; Narrowing “Serious Injustice” Escape) Case: AL v Secretary of State for the Home Department...

Fraud Sentencing: Misrepresented Mooring Rights, “Nil Value” Assets, and Totality for Bail Offending

Date: Apr 2, 2026

Fraud Sentencing: Misrepresented Mooring Rights, “Nil Value” Assets, and Totality for Bail Offending Case: Djurberg, R. v Neutral citation: [2026] EWCA Crim 566 Court: England and Wales Court of...

Immediate custody for repeated perverting-the-course-of-justice offending causing wrongful detention: high appellate restraint on suspension decisions

Date: Apr 2, 2026

Immediate custody for repeated perverting-the-course-of-justice offending causing wrongful detention: high appellate restraint on suspension decisions Case: Taylor, R. v Neutral citation: [2026] EWCA...

Vulnerability in fraud sentencing is assessed in both culpability and harm; prior similar convictions aggravate; unrelated drug and fraud offences ordinarily require consecutive terms

Date: Apr 2, 2026

Vulnerability in Fraud Sentencing Counts for Both Culpability and Harm; Prior Similar Convictions Aggravate; Unrelated Drug and Fraud Offences Ordinarily Require Consecutive Terms Court: England and...

Indefinite Sexual Harm Prevention Orders Are Not a Default: Reasons and Proportionality Required, Distinct from Sex Offender Notification Duration

Date: Apr 2, 2026

Indefinite Sexual Harm Prevention Orders Are Not a Default: Reasons and Proportionality Required, Distinct from Sex Offender Notification Duration Case: R v Broadstock [2026] EWCA Crim 555 (CA (Crim...

R v Westlake [2026] EWCA Crim 471 — Extended Sentence Required Where Dangerousness and Persistent Sexual Offending Outweigh a Purely Determinate Approach

Date: Apr 2, 2026

Extended Sentence Required Where Dangerousness and Persistent Sexual Offending Outweigh a Purely Determinate Approach Case: Westlake, R. v Neutral citation: [2026] EWCA Crim 471 (CACD) Date: 1 April...

Totality Limits Custody for “Contempt in the Face of the Court” Following Sentencing

Date: Apr 1, 2026

Totality Limits Custody for “Contempt in the Face of the Court” Following Sentencing Introduction In R v Welsh [2026] EWCA Crim 466, the Court of Appeal (Criminal Division) (Holgate LJ, O’Farrell J...