England and Wales Case Law: Decisions & Judgments | LexChat

England and Wales Case Law

  • 18 Dec 2026

    Jenkins, R. v [2025] EWCA Crim 1825 (18 December 2026)

    Citation
    [2025] EWCA Crim 1825

    The court held that the 16-week sentence should not run consecutively but concurrently, as the offence was properly categorised under culpability B, harm category 2, and the appellant had already served the sentence. The appeal was allowed and the necessary extension of time granted.

    • Sentencing
    • Hospital orders
    • Consecutive and concurrent sentences
    • Appeal procedure
  • 3 Dec 2026

    AYA & Ors v Secretary of State for the Home Department

    Citation
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    Interim relief granted restraining AYA's removal pending judicial review, as there is a serious issue to be tried that France cannot meet his recovery needs as a victim of trafficking, and removal may breach his human rights. The balance of convenience tilts in AYA's favour due to his vulnerability and risk of harm, outweighing public interest in removal policy.

    • Modern slavery
    • Trafficking
    • Interim relief
    • Statutory guidance
    • International treaty
    • Victim identification
  • 3 Dec 2026

    Garrett Hargan v The Information Commissioner

    Citation
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    The University does not hold the requested information by campus for headings (1), (2), and (4) within the meaning of FOIA, as it would require creation of new information. The exemption under s43(2) FOIA does not apply to heading (3) because there is not a real and significant risk of prejudice to commercial interests from disclosure; the information is not sufficiently detailed to allow competitors to deduce commission rates with accuracy.

    • Freedom of information
    • Commercial interests exemption
    • Disclosure of information
    • Public authority obligations
  • 3 Dec 2026

    Nador Cott Protection SAS v Asda Stores Limited & Anor

    Citation
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    Tang Gold does not retain the expression of essential characteristics (seediness and pollen viability) of Nadorcott, so is not essentially derived under section 7(3) of the Plant Varieties Act 1997. The scope of 'his rights' in section 6(3) refers only to UK rights; NCP had no reasonable opportunity to exercise its UK rights against unauthorised use of propagating material abroad, but even if foreign rights were relevant, NCP has not yet enforced them to prevent unauthorised use or harvested material. The action fails as Tang Gold is not a dependent variety.

    • Essentially derived varieties
    • Statutory interpretation
    • Scope of plant breeders’ rights
    • Cascade principle
    • International implementation of upov
    • Reasonable opportunity defence
  • 3 Dec 2026

    The Director of Public Prosecutions v Liam Óg Ó Hannaidh

    Citation
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    Proceedings for summary offences under section 13 of the Terrorism Act 2000 are instituted when a written charge is issued; if Attorney General's permission is not obtained before issuance, the proceedings are a nullity and cannot proceed, and section 25(2) of the Prosecution of Offences Act 1985 does not save such proceedings.

    • Terrorism offences
    • Prosecution consent
    • Statutory interpretation
    • Summary offences
    • Time limits
  • 3 Dec 2026

    Countrywide Partners Limited v The Commissioners for HMRC

    Citation
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    The appellant failed to comply with the stop notice because it continued to organise and manage the tax avoidance arrangements for existing users after the notice was issued, which constituted 'promotion' under s 235 FA 2014. The legislation required immediate cessation of all promotion activities, not just sales to new clients. The appellant did not have a reasonable excuse, as the statutory language and guidance were clear, and reliance on legal advice obtained after the breach was not sufficient. The penalty of £1 million was properly imposed, reflecting the seriousness and deterrent purpo…

    • Tax avoidance schemes
    • Stop notices
    • Promoters of tax avoidance schemes
    • Statutory interpretation
    • Penalties for non-compliance
    • Reasonable excuse defence
  • 3 Dec 2026

    Baroness Lawrence of Clarendon OBE & Ors v Associated Newspapers Limited

    Citation
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    The Claimants' applications to rely on further hearsay evidence were refused due to serious and deliberate procedural default, lack of good reason for the delay, and substantial prejudice to the Defendant. Relief from sanctions to call Mr Burrows as a witness was granted only on a strictly limited basis, confined to the scope of existing hearsay statements and subject to rigorous controls, because the interests of justice and the seriousness of the allegations warranted a narrow departure from the ordinary consequences of the Claimants' tactical choices.

    • Hearsay evidence
    • Relief from sanctions
    • Witness examination
    • Procedural fairness
  • 3 Dec 2026

    Daniel Morris v Registrar of Approved Driving Instructors

    Citation
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    The appellant had sufficient opportunity to practise and prepare for the Part 3 test during two trainee licences covering 12 months. Delays in test scheduling do not justify the grant of a third licence, as further training and test attempts can occur without a trainee licence. The respondent's refusal was lawful and justified.

    • Driving instructor licensing
    • Trainee licence refusal
    • Appeal procedure
  • 3 Dec 2026

    Kent County Council v M & Ors

    Citation
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    Threshold criteria under s31(2) Children Act 1989 are crossed due to significant risk of harm from neglect, poor home conditions, unmanaged medical needs, substance misuse, lack of insight, inability to work with professionals, and absence of support network. Alleged sexual abuse by F not proven on balance of probabilities, but parents cannot safely meet child's needs. Care and placement orders are necessary and proportionate as no lesser order would secure child's welfare.

    • Care orders
    • Placement orders
    • Threshold criteria
    • Parental capacity
    • Child welfare
    • Adoption