England and Wales Case Commentaries

[2026] EWCA Crim 903 – Hearsay from a Deceased Witness and “Mere Presence” in Joint Enterprise: Admissible Statement, but No Case to Answer for Alleged Secondary Party

Date: Jul 17, 2026

Hearsay from a Deceased Witness May Be Admitted Despite Credibility Attacks, but “Mere Presence” (Including Blocking a Doorway Momentarily) Is Insufficient for Joint Enterprise Secondary Liability 1)...

Misleading Headlines/Images as Unfair Processing: Editors’ Code Shapes UK GDPR Fairness and Limits Charleston in Media Data Claims

Date: Jul 17, 2026

Misleading Headlines/Images as Unfair Processing: Editors’ Code Shapes UK GDPR Fairness and Limits Charleston in Media Data Claims Case: Vince v Associated Newspapers Ltd Neutral citation: [2026]...

Holistic “Integration” and Self-Evident “Very Significant Obstacles” in Medium-Offender Deportation Appeals

Date: Jul 17, 2026

Holistic “Integration” and Self-Evident “Very Significant Obstacles” in Medium-Offender Deportation Appeals Case: Dabo v Secretary of State for the Home Department [2026] EWCA Civ 907 Court: Court of...

Totality Requires a Real Downward Adjustment for Consecutive County-Lines Sentences on Young Adults

Date: Jul 17, 2026

Totality Requires a Real Downward Adjustment for Consecutive County-Lines Sentences on Young Adults Introduction In Rennie-Owosu, R. v [2026] EWCA Crim 1121, the Court of Appeal (Criminal Division)...

Ability-to-Pay Challenges to Fines and Costs: Defendants Must Provide Proper Financial Disclosure and Cannot “Save” Evidence for Appeal

Date: Jul 17, 2026

Ability-to-Pay Challenges to Fines and Costs: Defendants Must Provide Proper Financial Disclosure and Cannot “Save” Evidence for Appeal 1. Introduction In Freeland & Anor, R. v [2026] EWCA Crim 1006,...

Fresh pathology after discovery of a body: “unascertained” cause of death does not, without more, render a murder conviction unsafe or require manslaughter to be left

Date: Jul 17, 2026

Fresh pathology after discovery of a body: “unascertained” cause of death does not, without more, render a murder conviction unsafe or require manslaughter to be left 1) Introduction Case: R. v...

Renewed Criminal Appeal Applications: Extension of Time Refused Where Delay Is Inordinate, Unexplained, and the Appeal Is Unarguable

Date: Jul 17, 2026

Renewed Criminal Appeal Applications: Extension of Time Refused Where Delay Is Inordinate, Unexplained, and the Appeal Is Unarguable 1. Introduction In R v Wambugu [2026] EWCA Crim 1124, the Court of...

Training-fee clawback schemes can engage restraint of trade and be unenforceable where they operate as a broad post-employment financial fetter

Date: Jul 16, 2026

Training-fee clawback schemes can engage restraint of trade and be unenforceable where they operate as a broad post-employment financial fetter 1. Introduction Geeks Ltd v Watts [2026] EWCA Civ 889...

Follow-on cartel damages: binding force of Commission recitals (including post-leniency “play-along”), adverse inferences, and counterfactual causation without naming the missing bidder

Date: Jul 16, 2026

Follow-on cartel damages: binding force of Commission recitals (including post-leniency “play-along”), adverse inferences, and counterfactual causation without naming the missing bidder 1)...

“Public Domain” in NDAs Means “Generally Accessible”: Narrowing the Public-Domain Carve-Out for Confidential Investment Concepts

Date: Jul 16, 2026

“Public Domain” in NDAs Means “Generally Accessible”: Narrowing the Public-Domain Carve-Out for Confidential Investment Concepts Case: IlliquidX Ltd v Altana Wealth & Ors Neutral citation: [2026]...

Section 49 IHTA 1984 Does Not Attribute Trustees’ Debts to the Life Tenant: No FA 1986 s103 Abatement for Home Loan Scheme Notes

Date: Jul 16, 2026

Section 49 IHTA 1984 Does Not Attribute Trustees’ Debts to the Life Tenant: No FA 1986 s103 Abatement for Home Loan Scheme Notes 1. Introduction In Elborne & Ors v The Commissioners for HMRC [2026]...

Real-risk standard governs access to state protection: correcting AB (Jamaica) witness protection guidance

Date: Jul 16, 2026

Real-risk standard governs access to state protection: correcting AB (Protection, criminal gangs, internal relocation) Jamaica CG [2007] UKAIT 00018 witness protection guidance 1) Introduction In...

Common Law Duty to Consult Small, Identifiable Vulnerable Service Users Before Closure; Limits on Using Senior Courts Act 1981 s 31(2A) to Withhold Relief for Non‑Consultation

Date: Jul 16, 2026

Common Law Duty to Consult Small, Identifiable Vulnerable Service Users Before Closure; Limits on Using Senior Courts Act 1981 s 31(2A) to Withhold Relief for Non‑Consultation Case: BUJ, R (On the...

Life-threatening Harm under the Section 18 Guideline: “Immediate Intervention” Injuries and Section 63 Intended/Foreseeable Harm Can Justify Category 1

Date: Jul 16, 2026

Life-threatening Harm under the Section 18 Guideline: “Immediate Intervention” Injuries and Section 63 Intended/Foreseeable Harm Can Justify Category 1 1) Introduction R v Green [2026] EWCA Crim 1003...

Complex medical fact-finding requires a written, evaluative judgment engaging with parental evidence and resolving key factual disputes

Date: Jul 11, 2026

Complex medical fact-finding requires a written, evaluative judgment engaging with parental evidence and resolving key factual disputes Case: B and G (FACT-FINDING) [2026] EWCA Civ 860 Court: Court...

Section 121(3A) Child Marriage: Custody Generally Inevitable Where a Person of Authority Conducts the Ceremony

Date: Jul 11, 2026

Section 121(3A) Child Marriage: Custody Generally Inevitable Where a Person of Authority Conducts the Ceremony Case: Osmani, R. v Neutral citation: [2026] EWCA Crim 959 Court: Court of Appeal...

Community impact material in sentencing must comply with CrPD and be served in good time: R v Ashby [2026] EWCA Crim 1055

Date: Jul 11, 2026

Community impact material in sentencing must comply with CrPD and be served in good time R v Ashby [2026] EWCA Crim 1055 (CA (Crim Div), 10 July 2026) 1. Introduction This was an application for...

R v Leach [2026] EWCA Crim 958 — Sentencing: no “sole Category A factor” discount; decoy-attempt reductions are usually small; immediate custody normally required for attempted incitement

Date: Jul 11, 2026

Sentencing for Online Child-Sex Incitement Attempts: No Discount for “Only One” Category A Factor and Only a Small Reduction Where the “Child” Is a Decoy 1) Introduction R v Leach [2026] EWCA Crim...

Totality where historic sexual offences are sentenced while the offender is serving a similar sentence: concurrency may still confer real benefit by removing recall exposure

Date: Jul 10, 2026

Totality where historic sexual offences are sentenced while the offender is serving a similar sentence: concurrency may still confer real benefit by removing recall exposure 1) Introduction R v...

Murder for Gain and the 30-Year Starting Point: Limited Mitigation for Lack of Premeditation Where the Killing Is “At Any Cost”

Date: Jul 10, 2026

Murder for Gain and the 30-Year Starting Point: Limited Mitigation for Lack of Premeditation Where the Killing Is “At Any Cost” 1. Introduction In R v Ross [2026] EWCA Crim 1102, the England and...