England and Wales Case Commentaries

Repeat Class A Supply on Licence: Deterrent Uplift Within (and Slightly Above) Category 3 Significant Role Is Not Manifestly Excessive

Date: Jul 10, 2026

Repeat Class A Supply on Licence: Deterrent Uplift Within (and Slightly Above) Category 3 Significant Role Is Not Manifestly Excessive 1. Introduction In R v Franzen [2026] EWCA Crim 1159, the Court...

Discretionary Life Sentence for a Young First Offender Where Risk Duration Cannot Be Reliably Assessed

Date: Jul 10, 2026

Discretionary Life Sentence for a Young First Offender Where Risk Duration Cannot Be Reliably Assessed 1. Introduction In R v Probert [2026] EWCA Crim 1084, the Court of Appeal (Criminal Division)...

Pre‑Guideline Modern Slavery Authorities Carry Limited Weight on Sentence Appeals: EDS Upheld for Child Forced Labour in Drug Supply

Date: Jul 10, 2026

Pre‑Guideline Modern Slavery Authorities Carry Limited Weight on Sentence Appeals: EDS Upheld for Child Forced Labour in Drug Supply Introduction In R v Arab, R. [2026] EWCA Crim 1087, the Court of...

Deference to Trial Findings on Unfamiliar Foreign Law and Finality: No “Island-Hopping” Re‑trial on Appeal

Date: Jul 9, 2026

Deference to Trial Findings on Unfamiliar Foreign Law and Finality: No “Island-Hopping” Re‑trial on Appeal Case: Kerish International Motors Agency v Opel Automobile GmbH [2026] EWCA Civ 865 Court:...

Article 8 Deportation: Future Child Contact Is Not “Very Compelling Circumstances” for Serious Offenders Under s.117C(6)

Date: Jul 9, 2026

Article 8 Deportation: Future Child Contact Is Not “Very Compelling Circumstances” for Serious Offenders Under s.117C(6) Introduction In Secretary of State for the Home Department v Lewis [2026] EWCA...

Occupiers’ Liability in Employer-Provided Accommodation: Off‑Duty Horseplay Does Not Make a Resident a Trespasser

Date: Jul 9, 2026

Occupiers’ Liability in Employer-Provided Accommodation: Off‑Duty Horseplay Does Not Make a Resident a Trespasser Case: ZZZ v The Ministry of Defence [2026] EWCA Civ 875 Court: England and Wales...

Substantial Injustice and Long Out-of-Time Appeals: Quashing a Refugee’s False-Document Conviction Where a Section 31 Defence Was Not Advised

Date: Jul 9, 2026

Substantial Injustice and Long Out-of-Time Appeals: Quashing a Refugee’s False-Document Conviction Where a Section 31 Defence Was Not Advised 1. Introduction In Adow v R [2026] EWCA Crim 868, the...

Mortgagees’ Interest Insurance: Security-Interest Loss, Composite Perils, and Fraud-Vitiated “Privity”

Date: Jul 9, 2026

Mortgagees’ Interest Insurance: Security-Interest Loss, Composite Perils, and Fraud-Vitiated “Privity” 1) Introduction In Oceanus Capital SARL v Lloyd's Insurance Company S.A. (M/V "VYSSOS") [2026]...

Exhaustion for Downloaded Software: Accessory Non‑Program Works Exhausted Under the Software Directive, and the CAT May Decide Necessary Copyright Issues

Date: Jul 9, 2026

Exhaustion for Downloaded Software: Accessory Non‑Program Works Exhausted Under the Software Directive, and the CAT May Decide Necessary Copyright Issues Introduction In JJH Enterprises Ltd (t/a...

Delay Mitigation and Guilty Plea Credit in Unduly Lenient Drug-Supply Sentences: When Reductions Become “Unexplained and Excessive”

Date: Jul 9, 2026

Delay Mitigation and Guilty Plea Credit in Unduly Lenient Drug-Supply Sentences: When Reductions Become “Unexplained and Excessive” 1. Introduction In R. v Brown & Anor [2026] EWCA Crim 941, the...

Costs in Compromised Judicial Review: A “Chaser” Email Is Not a Pre-Action Protocol Letter and a Three‑Month “Aim” Creates No Legal Deadline

Date: Jul 9, 2026

Costs in Compromised Judicial Review: A “Chaser” Email Is Not a Pre-Action Protocol Letter and a Three‑Month “Aim” Creates No Legal Deadline 1. Introduction Khan, R (On the Application Of) v...

Structured Sentencing Reasons and Driving Disqualification: s52 Sentencing Code and ss35A–35B RTOA

Date: Jul 9, 2026

Structured Sentencing Reasons and Driving Disqualification: Enforcing s52 Sentencing Code and ss35A–35B RTOA on Appeal 1. Introduction In Jugessur, R. v [2026] EWCA Crim 1010, the Court of Appeal...

Inadequate and Misaligned Safety Measures Justify Category 1B and a Custodial Starting Point for Dangerous Dogs Act Injury Offences

Date: Jul 9, 2026

Inadequate and Misaligned Safety Measures Justify Category 1B and a Custodial Starting Point for Dangerous Dogs Act Injury Offences 1. Introduction In Hopkins, R. v [2026] EWCA Crim 1083, the Court...

[2026] EWCA Crim 870 — Unduly Lenient Sentence References After Voluntary Early Removal

Date: Jul 9, 2026

Unduly Lenient Sentence References May Proceed Despite Voluntary Early Removal Abroad Where a Fair Hearing Remains Possible Case: Singh & Anor, R. v Neutral citation: [2026] EWCA Crim 870 Court:...

Fiscal Neutrality in Article 132(1)(i): The “Typical Consumer” Test Applies to Supplier Conditions

Date: Jul 8, 2026

Fiscal Neutrality in Article 132(1)(i): The “Typical Consumer” Test Applies to Supplier Conditions Case: St Patrick's International College Ltd & Ors v Revenue And Customs Citation: [2026] EWCA Civ...

Procedural Fairness in Costs: A Provisional “No Order” Cannot Stand Without Hearing Submissions

Date: Jul 8, 2026

Procedural Fairness in Costs: A Provisional “No Order” Cannot Stand Without Hearing Submissions Carl v Limbani [2026] EWCA Civ 856 (CA (Civ Div), 6 July 2026) Appeal from: [2025] EWHC 1104 (Ch)...

Sentencing strict-liability rape of a child under 13: mitigation for reasonable belief of age/consent, deterrence within the guideline, and totality without double counting filming

Date: Jul 8, 2026

Sentencing strict-liability rape of a child under 13: mitigation for reasonable belief of age/consent, deterrence within the guideline, and totality without double counting filming 1. Introduction R...

Extended Sentences Must Be Count-Specific: Global Extension Periods (and “Concurrent” Licence Extensions) Are Unlawful

Date: Jul 8, 2026

Extended Sentences Must Be Count-Specific: Global Extension Periods (and “Concurrent” Licence Extensions) Are Unlawful Case: Round & Anor, R. v Court: England and Wales Court of Appeal (Criminal...

Exploitation of a Child to Commit and Conceal Domestic Murder Justifies Uplift Beyond the 30‑Year Starting Point

Date: Jul 8, 2026

Exploitation of a Child to Commit and Conceal Domestic Murder Justifies Uplift Beyond the 30‑Year Starting Point Case: CHA, R. v (Attorney General’s Reference under s.36 Criminal Justice Act 1988)...

Deafness in Custody as Mitigation (Not “Exceptional”): Sentence Should Not Be Adjusted to Achieve Halfway Release

Date: Jul 8, 2026

Deafness in Custody as Mitigation (Not “Exceptional”): Sentence Should Not Be Adjusted to Achieve Halfway Release 1) Introduction In R v ZHX [2026] EWCA Crim 1037, the Court of Appeal (Criminal...