England and Wales Case Law

Lee Feldman & Anor v Gambling Commission

Permission to appeal was refused as the grounds did not meet the threshold of real prospect of success or compelling reason. A reporting restriction order was granted only in respect of specific findings in the judgment that posed a substantial risk of prejudice to the administration of justice in pending criminal proceedings, but not for the entire judgment, balancing open justice against the risk of prejudice.

Source excerpt

• Reporting restrictions
• Open justice
• Contempt of court
• Right to fair trial
• Freedom of expression

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Wolda Salamma Gardner v Director of Public Prosecutions and another (Bermuda)

The Privy Council dismissed a Bermuda appeal challenging a conviction by constitutional motion, holding that ordinary appellate remedies were adequate and section 15(2) barred relief.

• Right to fair trial
• Jury selection
• Collateral attack on conviction
• Adequate means of redress
• Abuse of process
• Constitutional-law

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Feldman & Anor v Gambling Commission (Rev1)

Feldman & Anor v Gambling Commission (Rev1) [2026] EWHC 474 (KB) (04 March 2026)

The High Court refused permission to appeal but granted a limited reporting restriction order to postpone reporting specific adverse findings until related criminal proceedings finish.

• Reporting restrictions
• Open justice
• Contempt of court
• Right to fair trial
• Freedom of expression
• Reporting-restrictions

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Toloii v Gaesti Court, Romania

Toloii v Gaesti Court, Romania [2025] EWHC 2702 (Admin) (20 October 2025)

High Court extradition appeal dismissed. The court held the appellant deliberately absented himself from trial and that extradition was proportionate under article 8.

• Deliberate absence
• Right to fair trial
• Article 8 echr
• Proportionality
• Fresh evidence admissibility
• Extradition

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Attorney General of the Cayman Islands and another v Shelliann Bush (Cayman Islands)

The Privy Council held that Cayman’s Labour Act did not give charitable-organisation employees a statutory unfair dismissal right, so the appeal failed.

• Unfair dismissal
• Right to fair trial
• Non-discrimination
• Scope of statutory employment rights
• Application of international law in domestic law
• Unfair-dismissal

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Aziz v R.

Aziz v R. [2025] EWCA Crim 605 (09 May 2025)

Court of Appeal considered whether EncroChat disclosure and missing expert evidence made the trial unfair, and whether the 33-year sentence was excessive.

• Disclosure
• Admissibility of evidence
• Right to fair trial
• Expert evidence
• Sentencing
• Litigant in person

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Anzhelika Khan v Secretary of State for Foreign, Commonwealth and Development Affairs

The Court of Appeal dismissed Ms Khan’s challenge to her sanctions designation, holding it was lawful, proportionate, and compatible with the ECHR.

• Sanctions
• Asset freezing
• Judicial review
• Proportionality
• Right to fair trial
• Right to private and family life

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Todirica v Pascani Court of Law (Romania)

Todirica v Pascani Court of Law (Romania) [2024] EWHC 3113 (Admin) (04 December 2024)

High Court extradition appeal dismissed. The court held that a 2019 Romanian hearing converting an unpaid fine into imprisonment was not a trial for section 20, and in any event the appellant had been notified.

• Extradition proceedings
• Trial in absentia
• Right to fair trial
• Waiver of presence at trial
• European arrest warrant
• Interpretation of extradition act 2003 section 20

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Asif Khan, R (on the application of) v The Crown Court at Manchester

The High Court refused permission for judicial review of a Crown Court decision to refuse an adjournment after the claimant lost legal representation before his appeal hearing.

• Adjournment of hearings
• Right to fair trial
• Judicial discretion
• Police powers of search
• Judicial-review
• Adjournment-of-hearings

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R v Geraint Alun Baldwin

The judge was entitled to find that the applicant was aware of the trial date and had voluntarily absented himself, thereby waiving his right to attend and be represented; the judge exercised his discretion within legitimate boundaries, and the trial was fair despite the applicant's absence.

Source excerpt

• Trial in absence of accused
• Right to fair trial
• Self-defence
• Waiver of right to attend
• Judicial discretion
• Summing up

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