England and Wales Case Commentaries

Domestic abuse ABH sentencing: justified uplift and when failure to tick every suspension factor is cured by appellate cross-check

Date: Jul 25, 2026

Domestic abuse ABH sentencing: justified uplift and when failure to tick every suspension factor is cured by appellate cross-check 1) Introduction In R v Nagy [2026] EWCA Crim 1120, the Court of...

Section 117C(6): Severe Child Autism and Primary Care Realities Can Amount to “Very Compelling Circumstances”; Limited Role for OASys Risk Predictions

Date: Jul 24, 2026

Section 117C(6): Severe Child Autism and Primary Care Realities Can Amount to “Very Compelling Circumstances”; Limited Role for OASys Risk Predictions Case: Secretary of State for the Home Department...

Use of a Prior Section 18 Guilty Plea in a Later Murder Trial: When a Special “Previous Conviction” Direction Is Unnecessary

Date: Jul 24, 2026

Use of a Prior Section 18 Guilty Plea in a Later Murder Trial: When a Special “Previous Conviction” Direction Is Unnecessary Case: Twigg, R. v Neutral citation: [2026] EWCA Crim 1052 Court: Court of...

Voluntary Drug Abuse, High “Retained Responsibility”, and the Appropriateness of a Section 45A Hybrid Life Sentence for Diminished-Responsibility Manslaughter

Date: Jul 24, 2026

Voluntary Drug Abuse, High “Retained Responsibility”, and the Appropriateness of a Section 45A Hybrid Life Sentence for Diminished-Responsibility Manslaughter 1) Introduction R v Bauld [2026] EWCA...

Mortgagee Exclusion in Section 106 Affordable Housing Obligations: Registered Provider Status Tested at Mortgage Creation, Not at Sale

Date: Jul 23, 2026

MORTGAGEE EXCLUSION IN SECTION 106 AFFORDABLE HOUSING OBLIGATIONS: REGISTERED PROVIDER STATUS TESTED AT MORTGAGE CREATION, NOT AT SALE Case: Westminster City Council v Gems House Residences Chiltern...

Extraterritorial ECHR Jurisdiction and Nationality Decisions: No Article 1 “Jurisdiction” Where an Overseas Applicant Has No UK-Based Private Life or UK Control Over the Person

Date: Jul 23, 2026

Extraterritorial ECHR Jurisdiction and Nationality Decisions: No Article 1 “Jurisdiction” Where an Overseas Applicant Has No UK-Based Private Life or UK Control Over the Person 1. Introduction In R...

Privilege-Hunting as an Abuse of Process: Covertly Targeting an Opponent’s Solicitor Justifies Discharge of Freezing Orders

Date: Jul 23, 2026

Privilege-Hunting as an Abuse of Process: Covertly Targeting an Opponent’s Solicitor Justifies Discharge of Freezing Orders Case: Salinas Pliego & Anor v Astor Asset Management 3 Ltd & Ors [2026]...

Moorwand Ltd v Hamblin & Ors [2026] EWCA Civ 942 — Appellate restraint in Quincecare “put on inquiry” findings and demand-based limits on s.35A interest for account reconstitution

Date: Jul 23, 2026

Appellate restraint in Quincecare “put on inquiry” findings and demand-based limits on s.35A interest for account reconstitution Case: Moorwand Ltd v Hamblin & Ors Citation: [2026] EWCA Civ 942...

Part 5 “New Matter” Consent Limits the Tribunal’s Article 8 / s.117B(6) Assessment

Date: Jul 23, 2026

Part 5 “New Matter” Consent Limits the Tribunal’s Article 8 / s.117B(6) Assessment Case: Rahim & Anor v Secretary of State for the Home Department [2026] EWCA Civ 930 Court: Court of Appeal (Civil...

Appellate restraint and documentary “cogency”: discussions of profit share do not establish a redevelopment partnership without a concluded, certain agreement

Date: Jul 23, 2026

Appellate restraint and documentary “cogency”: discussions of profit share do not establish a redevelopment partnership without a concluded, certain agreement 1) Introduction In EJW Builders Ltd &...

Suitability as an Implied Condition of “Accommodation Made Available” under Housing Act 1996 s.193(6)(d)

Date: Jul 22, 2026

Suitability as an Implied Condition of “Accommodation Made Available” under Housing Act 1996 s.193(6)(d) 1. Introduction In Griffiths-Fowell, R (On the Application Of) v Birmingham City Council...

Public Communications Duties in Unduly Lenient Sentence References: Correcting Misinformation and Protecting Judicial Independence

Date: Jul 22, 2026

Public Communications Duties in Unduly Lenient Sentence References: Correcting Misinformation and Protecting Judicial Independence 1) Introduction This follow-on judgment of the England and Wales...

Suspended Committal for Part 71 Contempt: Inherent Jurisdiction to Impose Positive Disclosure Conditions Beyond CPR 71.8

Date: Jul 22, 2026

Suspended Committal for Part 71 Contempt: Inherent Jurisdiction to Impose Positive Disclosure Conditions Beyond CPR 71.8 Introduction Windhorst v ADS Securities LLC [2026] EWCA Civ 905 is a Court of...

Late Criminal Appeals and Modified Good Character Directions Where Bad Character Evidence of Sexual Misconduct Is Admitted

Date: Jul 22, 2026

Late Criminal Appeals and Modified Good Character Directions Where Bad Character Evidence of Sexual Misconduct Is Admitted Case: Adams, R. v Court: England and Wales Court of Appeal (Criminal...

Judicial Review Will Not Reopen County Court Possession Litigation Absent Frustration or Corruption of the Judicial Process

Date: Jul 20, 2026

Judicial Review Will Not Reopen County Court Possession Litigation Absent Frustration or Corruption of the Judicial Process 1. Introduction In Nash, R (On the Application Of) v Brighton County Court...

T and F (Placement Orders: Child's Permanence Reports) [2026] EWCA Civ 902 — Procedural irregularity in non-service of permanence reports and the “unjust outcome” test

Date: Jul 20, 2026

Non-service of a Child’s Permanence Report is a Serious Irregularity, but an Appeal Succeeds Only if the Placement Order Was “Unjust” as a Result Case: T and F (Placement Orders: Child's Permanence...

Late Disclosure, “Alternative Perpetrator” Bad Character, and the High Threshold for Unfair-Trial/Stays in Complex Conspiracy Trials

Date: Jul 18, 2026

Late Disclosure, “Alternative Perpetrator” Bad Character, and the High Threshold for Unfair-Trial/Stays in Complex Conspiracy Trials 1. Introduction In Nuttall & Anor, R. v [2026] EWCA Crim 1013, the...

Custody is Inevitable for Serious Indecent Images Offending Involving Intrafamilial Production and High-Volume Distribution: R v SIQ [2026] EWCA Crim 1096

Date: Jul 18, 2026

Custody is Inevitable for Serious Indecent Images Offending Involving Intrafamilial Production and High‑Volume Distribution Case: R v SIQ Neutral citation: [2026] EWCA Crim 1096 Court: England and...

Sentencing for s.18 GBH: Vehicle-as-Weapon Culpability and When “Excessive Self-Defence” Must Be Resolved by a Newton Hearing

Date: Jul 18, 2026

Sentencing for s.18 GBH: Vehicle-as-Weapon Culpability and When “Excessive Self-Defence” Must Be Resolved by a Newton Hearing 1. Introduction In Rex v Sunil Shah ([2026] EWCA Crim 1073), the Court of...

Sentencing Sexual Assault: “Abduction” as Control and “Severe Psychological Harm” Including Trial Re‑Traumatisation

Date: Jul 18, 2026

Sentencing Sexual Assault: “Abduction” as Control and “Severe Psychological Harm” Including Trial Re‑Traumatisation Introduction In R v Al-Hassan & Anor [2026] EWCA Crim 1070, the Court of Appeal...