England and Wales Case Commentaries

Restraint Order Variations: No Duty to Determine Tainted Gift Extent Before Enforcement

Date: Feb 11, 2026

Restraint Order Variations: No Duty to Determine Tainted Gift Extent Before Enforcement 1) Introduction Hargreaves, R. v [2026] EWCA Crim 58 (CA (Crim Div), 10 February 2026) concerned a renewed...

Totality Allowance for Earlier-Sentenced Similar Fraud: Mandatory Structured Discretion and Correct Sequencing of Reductions

Date: Feb 11, 2026

Totality Allowance for Earlier-Sentenced Similar Fraud: Mandatory Structured Discretion and Correct Sequencing of Reductions 1. Introduction R v Fiaz concerns an appeal against sentence by Shahnawaz...

No “Cliff Edge” at 18: Immaturity Discounts and Correct Guideline Selection in County Lines and Child Exploitation Sentencing

Date: Feb 11, 2026

No “Cliff Edge” at 18: Immaturity Discounts and Correct Guideline Selection in County Lines and Child Exploitation Sentencing 1. Introduction R. v Mulligan ([2026] EWCA Crim 212) is a sentence appeal...

Dangerousness and Extended Sentences: “Extreme, Out-of-Character” Offending May Defeat a Section 308 Finding

Date: Feb 11, 2026

Dangerousness and Extended Sentences: “Extreme, Out-of-Character” Offending May Defeat a Section 308 Finding Case: Singh, R. v Citation: [2026] EWCA Crim 205 Court: England and Wales Court of Appeal...

Stalking via Indirect Social-Media Contact: A1 Harm and Dangerousness Justifying an Extended Sentence

Date: Feb 11, 2026

Stalking via Indirect Social-Media Contact: A1 Harm and Dangerousness Justifying an Extended Sentence 1. Introduction Case: Bird, R. v [2026] EWCA Crim 276 (CA (Crim Div), 10 February 2026). Court:...

Care Workers on Sick Leave Remain “Involved in Care” Under SOA 2003 s.42(3)

Date: Feb 11, 2026

Care Workers on Sick Leave Remain “Involved in Care” Under SOA 2003 s.42(3): “Functions to Perform” Is a Status Test, Not a “On-Shift” Requirement 1. Introduction R v Culverwell ([2026] EWCA Crim...

Matthew, R. v — When “Imposition Guidelines” Need Not Be Expressly Cited: Custody Upheld if Sentencing Remarks Show Section 230 Consideration

Date: Feb 11, 2026

Matthew, R. v — When “Imposition Guidelines” Need Not Be Expressly Cited: Custody Upheld if Sentencing Remarks Show Section 230 Consideration Court: England and Wales Court of Appeal (Criminal...

Section 45 YJCEA 1999 Reporting Restrictions Are Time-Limited and Cannot Operate Indefinitely Once the Complainant Turns 18

Date: Feb 11, 2026

Section 45 YJCEA 1999 Reporting Restrictions Are Time-Limited and Cannot Operate Indefinitely Once the Complainant Turns 18 1. Introduction Yates, R. v ([2026] EWCA Crim 306) concerned (i) an...

Delecia v R — PD 8.7 as Structured Guidance (Not a Mandatory Enquiry Trigger) for Ambiguous Jury Notes Alleging “Preconceptions”

Date: Feb 10, 2026

PD 8.7 as Structured Guidance (Not a Straitjacket): No Mandatory Juror Enquiry Required Where a Note Mentions “Preconceptions” but Does Not Clearly Establish Jury Irregularity Case: Delecia v R...

Sahara Energy Resource Ltd v Sonara: “Undisputed Claims” in a Joint Report can be binding debt despite “further negotiations” wording; Event-of-Default indemnity confined to losses from exercising Clause 26 remedies

Date: Feb 9, 2026

“Undisputed Claims” in a reconciliation Joint Report may create an immediately enforceable payment obligation (debt) notwithstanding references to “further negotiations”; and a broad Event-of-Default...

GMC Sanctions Guidance Not a “Tick-Box”: Erasure Is Not the Default in s40A Sufficiency Appeals

Date: Feb 9, 2026

GMC Sanctions Guidance Not a “Tick-Box”: Erasure Is Not the Default in s40A Sufficiency Appeals 1. Introduction General Medical Council v Gilbert & Anor [2026] EWCA Civ 53 concerns the appellate...

Campbell v R [2026] EWCA Crim 51 — Commentary

Date: Feb 9, 2026

Guideline Selection for Section 30 Hate Criminal Damage: Higher-Value Guideline Applies Absent a Section 22 Value Determination Case: Campbell v R Citation: [2026] EWCA Crim 51 Court: Court of Appeal...

Encumbering a Company’s Equitable Land Interest as “Conversion” for LA 1980 s21(1)(b), and a Purchaser-Only, Knowledge-Sensitive Reading of CA 2006 s44(5)

Date: Feb 9, 2026

Encumbering a Company’s Equitable Land Interest as “Conversion” for LA 1980 s21(1)(b), and a Purchaser-Only, Knowledge-Sensitive Reading of CA 2006 s44(5) 1. Introduction South Bank Hotel Management...

CPR 19.6(3)(b) “Second Gateway” Does Not Cure Mistaken Defendant Identity Where Liability Is Not Transferred

Date: Feb 9, 2026

CPR 19.6(3)(b) “Second Gateway” Does Not Cure Mistaken Defendant Identity Where Liability Is Not Transferred Case: Adcamp LLP v Office Properties PL Ltd & Ors (conjoined with Mark William Lee and...

Clarke, R. v [2026] EWCA Crim 184 — Commentary

Date: Feb 7, 2026

Trial Judges May Revoke a “No Case to Answer” Terminatory Ruling During a Section 58 CJA 2003 Adjournment: A Second Ruling Is a Negation, Not a “Step in Consequence” 1. Introduction In Clarke, R. v...

Non-Defendant Bad Character (CJA 2003 s.100): Excluding Hearsay Allegations and Policing “State of Mind” Evidence to Prevent Backdoor Propensity Proof

Date: Feb 7, 2026

Non-Defendant Bad Character (CJA 2003 s.100): Excluding Hearsay Allegations and Policing “State of Mind” Evidence to Prevent Backdoor Propensity Proof 1) Introduction R v Horswill ([2026] EWCA Crim...

HEF, R. v — Cannabis Evidence and “Capacity to Consent”: No Duty to Direct on Capacity (or Require Expert Evidence) Where Capacity Is Not Put in Issue

Date: Feb 7, 2026

Cannabis Evidence and “Capacity to Consent”: No Duty to Direct on Capacity (or Require Expert Evidence) Where Capacity Is Not Put in Issue 1. Introduction HEF, R. v [2026] EWCA Crim 172 is a Court of...

Garner, R. v — Lead Concurrent Sentence Must Reflect Overall Criminality; “No Separate Penalty” Wrong for Serious Weapon Possession in Unduly Lenient Sentence References

Date: Feb 7, 2026

Lead Concurrent Sentence Must Reflect Overall Criminality; “No Separate Penalty” Wrong for Serious Weapon Possession in Unduly Lenient Sentence References 1) Introduction R v Garner ([2026] EWCA Crim...

Spud Legs as “Deposited Objects” and the “Normal Navigation” Exemption: Richards v R [2026] EWCA Crim 178

Date: Feb 7, 2026

Spud Legs as “Deposited Objects” and the “Normal Navigation” Exemption under the Marine and Coastal Access Act 2009 1. Introduction Richards, R. v [2026] EWCA Crim 178 is a decision of the England...

Assumed Assistance-to-Police Discount Will Not Found Leave Where a Totality-Adjusted Drug Sentence Is Not Arguably Excessive

Date: Feb 7, 2026

Assumed Assistance-to-Police Discount Will Not Found Leave Where a Totality-Adjusted Drug Sentence Is Not Arguably Excessive 1. Introduction In R v GEE [2026] EWCA Crim 447, the Court of Appeal...