England and Wales Case Commentaries

Inherent Jurisdiction to Restrain Abusive Litigation Communications Interfering with Proceedings (No Cause of Action Required), Subject to Article 10, Litigation Immunity and Tailoring

Date: Feb 23, 2026

Inherent Jurisdiction to Restrain Abusive Litigation Communications Interfering with Proceedings (No Cause of Action Required), Subject to Article 10, Litigation Immunity and Tailoring 1)...

Safi v Secretary of State for the Home Department [2026] EWCA Civ 149

Date: Feb 23, 2026

Unchallenged Expert Evidence and Appellate Restraint in Article 2/3 Deportation Appeals 1. Introduction Safi v Secretary of State for the Home Department concerned a Secretary of State appeal against...

Khan v Secretary of State for the Home Department [2026] EWCA Civ 148 — Guidance Note on Vulnerable Appellants Is Not a Free-Standing Set of Legal Obligations; Error Turns on Material Procedural Unfairness

Date: Feb 23, 2026

Guidance Note on Vulnerable Appellants Is Not a Free-Standing Set of Legal Obligations; Error Turns on Material Procedural Unfairness Case: Khan v Secretary of State for the Home Department [2026]...

Gluck v Endzweig & Anor: Unlimited “Amend at Any Time” Clauses Are Repugnant to Arbitral Finality Under the Arbitration Act 1996

Date: Feb 23, 2026

Gluck v Endzweig & Anor: Unlimited “Amend at Any Time” Clauses Are Repugnant to Arbitral Finality Under the Arbitration Act 1996 1. Introduction Gluck v Endzweig & Anor ([2026] EWCA Civ 145) is a...

Judicial Review of Regulatory Guidance: “Misdirection in Law” Requires Inducement of Unlawful Conduct (R(A) Applied to Terminology in GMP)

Date: Feb 23, 2026

Judicial Review of Regulatory Guidance: “Misdirection in Law” Requires Inducement of Unlawful Conduct (R(A) Applied to Terminology in GMP) 1. Introduction This Court of Appeal decision concerns a...

Fresh CPTSD Evidence and Loss of Control: When New Psychiatric Labels Cannot Recast a Trial Strategy on Appeal

Date: Feb 21, 2026

Fresh CPTSD Evidence and Loss of Control: When New Psychiatric Labels Cannot Recast a Trial Strategy on Appeal Case: O'Shaughnessy, R. v Citation: [2026] EWCA Crim 141 Court: England and Wales Court...

Section 5 “Significant Risk” Need Not Be Pre-existing: Coterminous Risk from the Unlawful Act Suffices (R v Jamal)

Date: Feb 21, 2026

Section 5 “Significant Risk” Need Not Be Pre-existing: Coterminous Risk from the Unlawful Act Suffices Case: Jamal, R. v (Rev1) Citation: [2026] EWCA Crim 135 Court: EWCA (Criminal Division) Date: 19...

Reeves: Mandatory Doli Incapax Directions for Pre‑30 September 1998 Under‑14 Offending, and No “Spillover” to 14+ Counts

Date: Feb 21, 2026

Reeves: Mandatory Doli Incapax Directions for Pre‑30 September 1998 Under‑14 Offending, and No “Spillover” to 14+ Counts 1. Introduction R. v Reeves ([2026] EWCA Crim 321, 20 February 2026) is a...

R v Latham [2026] EWCA Crim 269 — Totality in Multi‑Victim Child Sexual Offending: Generous Youth/Personal Mitigation and Maximum Extension Can Still Defeat an Unduly Lenient Reference

Date: Feb 21, 2026

R v Latham [2026] EWCA Crim 269 — Totality in Multi‑Victim Child Sexual Offending: Generous Youth/Personal Mitigation and Maximum Extension Can Still Defeat an Unduly Lenient Reference 1....

Aziz v R: Refusing Adjournment for Further Encrochat Expert Work and Managing Prosecution Closing Submissions Where an Accused Is Unrepresented

Date: Feb 21, 2026

Aziz v R: Refusing Adjournment for Further Encrochat Expert Work and Managing Prosecution Closing Submissions Where an Accused Is Unrepresented 1. Introduction Aziz v R ([2026] EWCA Crim 127, 20...

Totality in Historical Sexual Offending Spanning Youth to Adulthood: Upholding an Offender of Particular Concern Sentence and Correcting Youth Sentencing Maximums (R v WFU)

Date: Feb 21, 2026

Totality in Historical Sexual Offending Spanning Youth to Adulthood: Upholding an “Offender of Particular Concern” Sentence and Correcting Youth Sentencing Maximums 1. Introduction WFU, R. v [2026]...

Waiver of Privilege and the “Significant Injustice” Threshold for Massively Out-of-Time Criminal Appeals

Date: Feb 21, 2026

Waiver of Privilege and the “Significant Injustice” Threshold for Massively Out-of-Time Criminal Appeals 1) Introduction R. v Kakaie ([2026] EWCA Crim 258) concerns a renewed application to the...

Structural Claim Limits Trump Equivalence Where the Specification Discloses No General Principle; Pre‑Transfer IPEC Costs Remain Capped Absent Good Reason to Depart

Date: Feb 20, 2026

Structural Claim Limits Trump Equivalence Where the Specification Discloses No General Principle; Pre‑Transfer IPEC Costs Remain Capped Absent Good Reason to Depart Case: Salts Healthcare Ltd v...

Sanctions-Based Travel Bans Defeat “Presence” for Common Law Jurisdiction: Service at UK “Usual Residence” Invalid Without Permission to Serve Out

Date: Feb 20, 2026

Sanctions-Based Travel Bans Defeat “Presence” for Common Law Jurisdiction: Service at UK “Usual Residence” Invalid Without Permission to Serve Out 1. Introduction Fridman v Agrofirma Oniks LLC & Anor...

R v Fletcher: Youth Sentencing Is Not a Mechanistic “Two-Thirds Discount” and Judges May Find Facilitation/Planning at Sentence

Date: Feb 20, 2026

R v Fletcher: Youth Sentencing Is Not a Mechanistic “Two-Thirds Discount” and Judges May Find Facilitation/Planning at Sentence 1. Introduction R v Fletcher ([2026] EWCA Crim 252) is a sentencing...

Sentencing for Contempt by False Evidence: Assault Guidelines Are Inapplicable and the Crosland Framework Governs

Date: Feb 20, 2026

Sentencing for Contempt by False Evidence: Assault Guidelines Are Inapplicable and the Crosland Framework Governs 1. Introduction Ajao v Commerzbank AG concerned committal proceedings for contempt...

Jury Irregularity Management: Arguable Missteps on Juror Conflict and Jury-Note Handling Justify Leave to Appeal (R v Boyce)

Date: Feb 20, 2026

Jury Irregularity Management: Arguable Missteps on Juror Conflict and Jury-Note Handling Justify Leave to Appeal (R v Boyce) Introduction R. v Boyce ([2026] EWCA Crim 256, 19 February 2026) is a...

Sentencing Violent Disorder in a National Unrest Context: Uplift for Deterrence and No “Under-18 Equivalent” Discount at 18

Date: Feb 20, 2026

Sentencing Violent Disorder in a National Unrest Context: Uplift for Deterrence and No “Under-18 Equivalent” Discount at 18 1. Introduction Poor, R. v ([2026] EWCA Crim 274) is a Court of Appeal...

R v XFV: Totality in Multi-Victim Sexual Offending—Consecutive Sentences and No “Arithmetic” Discount Requirement

Date: Feb 20, 2026

R v XFV: Totality in Multi-Victim Sexual Offending—Consecutive Sentences and No “Arithmetic” Discount Requirement 1. Introduction XFV, R. v ([2026] EWCA Crim 287) concerned a late attempt (about two...

No “Cliff Edge” at 18: Immaturity in Young Adult Sentencing and the Illegality of Imprisonment Under 21 (DYOI Required)

Date: Feb 19, 2026

No “Cliff Edge” at 18: Immaturity in Young Adult Sentencing and the Illegality of Imprisonment Under 21 (DYOI Required) Commentary on R v Arshad [2026] EWCA Crim 296 (CA (Crim Div), 18 February 2026)...