England and Wales Case Commentaries

K1 v B (No. 2) [2026] EWCA Civ 261 — Commentary

Date: Mar 16, 2026

Section 68(4) as a One‑Tier “Gatekeeper”: The Court of Appeal Has No Permission Jurisdiction Where the High Court Refuses Section 68 Relief on the Merits 1) Introduction K1 v B (No. 2) concerns an...

s.187B TCPA Injunctions: Courts May Assume (Not Decide) Breach, Treat Protest/Public Order as Non-planning Harm, and Award Separate Costs to a Joined SSHD Where a Distinct Statutory Interest Requires Separate Representation

Date: Mar 16, 2026

s.187B TCPA Injunctions: Courts May Assume (Not Decide) Breach, Treat Protest/Public Order as Non-planning Harm, and Award Separate Costs to a Joined SSHD Where a Distinct Statutory Interest Requires...

R v Qasem [2026] EWCA Crim 474 — Appellate restraint on sentencing fact-finding that a murder offender brought a knife to the scene

Date: Mar 14, 2026

Appellate restraint in sentence appeals: upholding a trial judge’s finding (to the criminal standard) that the offender brought a knife to the scene of a murder Case: R v Qasem Neutral citation:...

Unequivocal Guilty Pleas to Robbery Remain Safe Where the Defendant Overrode Advice and the Conduct Likely Amounted to Intimidatory Threat

Date: Mar 14, 2026

Unequivocal Guilty Pleas to Robbery Remain Safe Where the Defendant Overrode Advice and the Conduct Likely Amounted to Intimidatory Threat Case: R v Naaim Neutral citation: [2026] EWCA Crim 470...

Historic Sexual Offence Appeals: Conventional Directions, Intermediary Safeguards, and Tactical Defence Choices Rarely Render Convictions Unsafe

Date: Mar 14, 2026

Historic Sexual Offence Appeals: Conventional Directions, Intermediary Safeguards, and Tactical Defence Choices Rarely Render Convictions Unsafe Court: England and Wales Court of Appeal (Criminal...

H (Children: Expertise of Witness) — Challenges to Expert Competence in Children Cases Should Normally Be Brought by Family Court Application, Not Appeal

Date: Mar 13, 2026

H (Children: Expertise of Witness): Post‑order Challenges to an Expert’s Competence in Children Proceedings Should Normally Be Brought in the Family Court (Not by Appeal), and “Bright Lines” Between...

“Public engagement” is not consultation: interpreting local-authority resolutions and staged Traffic Regulation Orders under the Road Traffic Regulation Act 1984

Date: Mar 13, 2026

“Public engagement” is not consultation: interpreting local-authority resolutions and staged Traffic Regulation Orders under the Road Traffic Regulation Act 1984 1. Introduction A & E Baines v The...

Section 1259 CTA 2009: Notional Company Must Inherit LLP Ownership/Control for Part 8 “Related Party” Gateway (and FA 2016 s 52 Applies by Accounting Period, with Drafting Error Curable under Inco Europe)

Date: Mar 13, 2026

Section 1259 CTA 2009: Notional Company Must Inherit LLP Ownership/Control for Part 8 “Related Party” Gateway (and FA 2016 s 52 Applies by Accounting Period, with Drafting Error Curable under Inco...

COLREGs Rule 14 Clarified: No Fixed 3°/6° “Geometric” Test, “and/or” Is Disjunctive, and a Head‑On Classification Persists Until Collision Risk Passes

Date: Mar 13, 2026

COLREGs Rule 14 Clarified: No Fixed 3°/6° “Geometric” Test, “and/or” Is Disjunctive, and a Head‑On Classification Persists Until Collision Risk Passes 1) Introduction Case: Monford Management Ltd v...

R v IGG [2026] EWCA Crim 419: Neurodiversity, Expert Evidence and “More Onerous Custody” in Unlawful Act Manslaughter Sentencing

Date: Mar 13, 2026

Neurodiversity, Expert Evidence and “More Onerous Custody”: Limits on Culpability Reduction in Unlawful Act Manslaughter Sentencing 1. Introduction R v IGG ([2026] EWCA Crim 419, CA (Crim Div), 12...

No Case to Answer in a Domestic Homicide: “Reasonable Jury Could Infer Guilt” and Bad Character as Context, Not Substitute

Date: Mar 13, 2026

No Case to Answer in a Domestic Homicide: “Reasonable Jury Could Infer Guilt” and Bad Character as Context, Not Substitute 1. Introduction In R. v Morgan [2026] EWCA Crim 472, the Court of Appeal...

Structured Totality in Child Homicide Sentencing: Avoiding Double Counting and Adjusting Guideline Starting Points to Historic Maximums

Date: Mar 13, 2026

Structured Totality in Child Homicide Sentencing: Avoiding Double Counting and Adjusting Guideline Starting Points to Historic Maximums Case: Ives, R. v Citation: [2026] EWCA Crim 417 Court: Court of...

R v Pottinger [2026] EWCA Crim 416 — Accessory Liability for Section 18: Conditional Intent, In-Club Encouragement, and Compatibility with Acquittal on “Endangering Life”

Date: Mar 12, 2026

R v Pottinger [2026] EWCA Crim 416 — Accessory Liability for Section 18: Conditional Intent, In-Club Encouragement, and Compatibility with Acquittal on “Endangering Life” 1) Introduction R v...

Mandatory Life Sentences for Dangerous Child-Rape Offenders (Sentencing Act 2020 s.285): The “Seriousness” Gateway and Appellate Control of Minimum Terms

Date: Mar 12, 2026

Mandatory Life Sentences for Dangerous Child-Rape Offenders (Sentencing Act 2020 s.285): The “Seriousness” Gateway and Appellate Control of Minimum Terms Case: R. v Morris & Anor Neutral citation:...

Objective Evaluation Required for Relocation Fears in s.117C(6) Deportation Appeals

Date: Mar 11, 2026

Objective Evaluation Required for Relocation Fears in s.117C(6) Deportation Appeals: Subjective Fear is Relevant but Not Determinative Case: Secretary of State for the Home Department v AB (Rev1)...

Section 289 TCPA Appeals to the Court of Appeal Are Governed by the CPR 52.6 (First-Appeal) Permission Test

Date: Mar 11, 2026

Section 289 TCPA Appeals to the Court of Appeal Are Governed by the CPR 52.6 (First-Appeal) Permission Test Case: Dharmeshkumar v Secretary of State for Housing, Communities and Local Government &...

Aksahin v London Borough of Enfield [2026] EWCA Civ 231 — Effective Service Bars “No Knowledge” Defences to Persons-Unknown Street-Cruising Injunctions (and Passengers Can “Participate”)

Date: Mar 11, 2026

Effective Service Bars “No Knowledge” Defences to Persons-Unknown Street-Cruising Injunctions (and Passengers Can “Participate”) 1. Introduction Aksahin v London Borough of Enfield [2026] EWCA Civ...

Appellate Restraint in Non-Accidental Injury Perpetrator Findings: Credibility, Propensity Evidence, and “Pool” Analysis — A, B & C (Children: Perpetrator Finding) [2026] EWCA Civ 219

Date: Mar 11, 2026

Appellate Restraint in Non-Accidental Injury Perpetrator Findings: Credibility, Propensity Evidence, and “Pool” Analysis Case: A, B & C (Children: Perpetrator Finding) [2026] EWCA Civ 219 Court:...

Three-Strikes Dwelling Burglary: Indictable-Only Jurisdictional Nullity and Divisional Court “Reset”

Date: Mar 11, 2026

Three-Strikes Dwelling Burglary: Indictable-Only Jurisdictional Nullity and Divisional Court “Reset” Introduction In Latty, R. v [2026] EWCA Crim 538 (CA (Crim Div), 10 March 2026), the Court of...

Renewed Sentence Appeals: OPC Omissions, Limited Mitigation for Delay/Ill-Health, and Robust Loss of Time Orders

Date: Mar 11, 2026

Renewed Sentence Appeals: OPC Omissions, Limited Mitigation for Delay/Ill-Health, and Robust Loss of Time Orders Case: Basra, R. v [2026] EWCA Crim 613 Court: England and Wales Court of Appeal...