United Kingdom Case Commentaries

Validity of Family Permits and Continuance as Extended Family Members: Ewulo Case Commentary

Date: Jul 14, 2012

Validity of Family Permits and Continuance as Extended Family Members: Ewulo Case Commentary Introduction The case of Ewulo (effect of family permit – OFM) Nigeria ([2012] UKUT 238 (IAC)) addresses...

Estoppel by Representation in Pension Fund Management: Privy Council’s Ruling in Kelly & Ors v Fraser (Jamaicas)

Date: Jul 13, 2012

Estoppel by Representation in Pension Fund Management: Privy Council’s Ruling in Kelly & Ors v Fraser (Jamaicas) Introduction The case of Kelly & Ors v Fraser (Jamaicas) ([2012] ICR 1408) was...

Reassessing Business Viability under Paragraph 21 HC 510: The Upper Tribunal's Akinci Decision

Date: Jul 13, 2012

Reassessing Business Viability under Paragraph 21 HC 510: The Upper Tribunal's Akinci Decision Introduction The Akinci judgment marks a significant development in the interpretation and application...

Ensuring Accurate Assessments of Limited Capability for Work: Insights from PD v. Secretary of State for Work and Pensions

Date: Jul 13, 2012

Ensuring Accurate Assessments of Limited Capability for Work: Insights from PD v. Secretary of State for Work and Pensions Introduction The case PD v. Secretary of State for Work and Pensions [2012]...

G Hamilton v The Highland Council: Establishing Boundaries in the Review of Old Mineral Planning Permissions

Date: Jul 12, 2012

G Hamilton v The Highland Council: Establishing Boundaries in the Review of Old Mineral Planning Permissions Introduction The case of G Hamilton (Tullochgribban Mains) Ltd v. The Highland Council &...

ANS & Anor v. ML [2012] UKSC 30: Affirming the Necessity Test for Dispensing with Parental Consent in Scottish Adoption Law

Date: Jul 12, 2012

ANS & Anor v. ML [2012] UKSC 30: Affirming the Necessity Test for Dispensing with Parental Consent in Scottish Adoption Law Introduction The case of ANS & Anor v. ML [2012] UKSC 30 addresses a...

Reaffirming Public Hearings in Tax Appeals: The Landmark Judgment in Mr A v. Revenue & Customs

Date: Jul 11, 2012

Reaffirming Public Hearings in Tax Appeals: The Landmark Judgment in Mr A v. Revenue & Customs Introduction Mr A v. Revenue & Customs ([2012] SFTD 1257) is a pivotal case adjudicated by the...

Tribunal Upholds Limits on Setting Aside Directions: Insights from DDR Distributions Ltd v Revenue & Customs

Date: Jul 10, 2012

Tribunal Upholds Limits on Setting Aside Directions: Insights from DDR Distributions Ltd v Revenue & Customs Introduction The case of DDR Distributions Ltd v. Revenue & Customs ([2012] UKFTT 443...

Exemplary Damages Awarded in 2 Travel Group PLC v Cardiff City Transport Services Ltd: A New Precedent in Competition Law

Date: Jul 6, 2012

Exemplary Damages Awarded in 2 Travel Group PLC v Cardiff City Transport Services Ltd: A New Precedent in Competition Law Introduction The case of 2 Travel Group PLC (in liquidation) v Cardiff City...

Residence Orders Do Not Bind Secretary of State: Insights from Nimako-Boateng [2012] UKUT 216 (IAC)

Date: Jul 5, 2012

Residence Orders Do Not Bind Secretary of State: Insights from Nimako-Boateng [2012] UKUT 216 (IAC) Introduction The Upper Tribunal (Immigration and Asylum Chamber) delivered a pivotal judgment in...

Balancing Deportation and Child's Best Interests: Insights from RS v Secretary of State [2012] UKUT 218 (IAC)

Date: Jul 5, 2012

Balancing Deportation and Child's Best Interests: Insights from RS v Secretary of State [2012] UKUT 218 (IAC) Introduction The case of RS (Immigration and Family Court Proceedings) India [2012] UKUT...

Substantial Risk to Health in ESA Assessments: Insights from MB v. Secretary of State for Work and Pensions

Date: Jul 4, 2012

Substantial Risk to Health in ESA Assessments: Insights from MB v. Secretary of State for Work and Pensions Introduction The case of MB v. Secretary of State for Work and Pensions (ESA) ([2012] UKUT...

Cravecrest Ltd v. Duke of Westminster & Ors: Establishing the Inclusion of Development Value in Leasehold Enfranchisement Valuations

Date: Jun 29, 2012

Cravecrest Ltd v. Duke of Westminster & Ors: Establishing the Inclusion of Development Value in Leasehold Enfranchisement Valuations Introduction The case of Cravecrest Ltd v. Duke of Westminster &...

Supreme Court Upholds Trade Mark Right to Control First Marketing in EEA – Oracle v. M-Tech

Date: Jun 28, 2012

Supreme Court Upholds Trade Mark Right to Control First Marketing in EEA – Oracle v. M-Tech Introduction The case of Oracle America Inc (Formerly Sun Microsystems Inc) v. M-Tech Data Ltd ([2012] UKSC...

Establishing Appeal Rights Against Refusals to Review in Service Pension Disablement Assessments

Date: Jun 28, 2012

Establishing Appeal Rights Against Refusals to Review in Service Pension Disablement Assessments Introduction The case of Secretary of State for Defence v. RC ([2012] UKUT 229 (AAC)) represents a...

Expansion of Courts' Power to Strike Out Claims for Abuse of Process Post-Trial: Insights from Fairclough Homes Ltd v. Summers

Date: Jun 28, 2012

Expansion of Courts' Power to Strike Out Claims for Abuse of Process Post-Trial: Insights from Fairclough Homes Ltd v. Summers Introduction In the landmark case of Fairclough Homes Ltd v. Summers...

Reformation of Intermediate Landlord Costs in Leasehold Enfranchisement: Dashwood v. Chrisostom-Gooch [2012]

Date: Jun 27, 2012

Reformation of Intermediate Landlord Costs in Leasehold Enfranchisement: Dashwood v. Chrisostom-Gooch [2012] Introduction The case Dashwood Properties Ltd v. Chrisostom-Gooch ([2012] UKUT 215 (LC))...

Establishing Integrity and Competence Standards in Controlled Function Approvals: Insights from First Financial Advisers Ltd v FSA ([2012] UKUT B16 (TCC))

Date: Jun 22, 2012

Establishing Integrity and Competence Standards in Controlled Function Approvals: Insights from First Financial Advisers Ltd v FSA ([2012] UKUT B16 (TCC)) Introduction The case of First Financial...

Refining Article 8 Considerations in Extradition Cases Involving Children: The HH v Deputy Prosecutor Decision

Date: Jun 21, 2012

Refining Article 8 Considerations in Extradition Cases Involving Children: The HH v Deputy Prosecutor Decision Introduction The case of HH v Deputy Prosecutor of the Italian Republic, Genoa ([2012]...

Balancing Extradition Obligations with Family Rights: Insights from BH & Anor v. The Lord Advocate & Anor [2012] UKSC 24

Date: Jun 21, 2012

Balancing Extradition Obligations with Family Rights: Insights from BH & Anor v. The Lord Advocate & Anor [2012] UKSC 24 Introduction The case of BH & Anor v. The Lord Advocate & Anor ([2012] UKSC...