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  • Commentaries

United Kingdom Case Commentaries

Establishing Operational Duty Under Article 2: Rabone v Pennine Care NHS Foundation

Establishing Operational Duty Under Article 2: Rabone v Pennine Care NHS Foundation

Date: Feb 9, 2012
Establishing Operational Duty Under Article 2: Rabone v Pennine Care NHS Foundation Introduction Rabone & Anor v. Pennine Care NHS Foundation (33 BHRC 208) is a landmark judgment delivered by the...
Establishing Public Interest Principles in Deportation of Foreign Criminals: Masih v Secretary of State (IAC)

Establishing Public Interest Principles in Deportation of Foreign Criminals: Masih v Secretary of State (IAC)

Date: Feb 8, 2012
Establishing Public Interest Principles in Deportation of Foreign Criminals: Masih v Secretary of State (IAC) Introduction The case of Masih v Secretary of State for the Home Department ([2012] UKUT...
Reaffirming Fair Trial Standards: Comprehensive Analysis of Brown v. The State (Trinidad and Tobago) [2012]

Reaffirming Fair Trial Standards: Comprehensive Analysis of Brown v. The State (Trinidad and Tobago) [2012]

Date: Feb 8, 2012
Reaffirming Fair Trial Standards: Comprehensive Analysis of Brown v. The State (Trinidad and Tobago) [2012] Introduction Brown v. The State (Trinidad and Tobago) is a landmark case adjudicated by the...
Upper Tribunal Sets New Precedent on Costs Regime for Transitional Tax Tribunal Appeals

Upper Tribunal Sets New Precedent on Costs Regime for Transitional Tax Tribunal Appeals

Date: Feb 7, 2012
Upper Tribunal Sets New Precedent on Costs Regime for Transitional Tax Tribunal Appeals Introduction The case of HMRC v. Atlantic Electronics Ltd ([2012] UKUT 45 (TCC)) marks a significant...
Halpin v. Sandpiper Books Ltd: Establishing the Reasonableness of Redundancy Selection in Unfair Dismissal Cases

Halpin v. Sandpiper Books Ltd: Establishing the Reasonableness of Redundancy Selection in Unfair Dismissal Cases

Date: Feb 7, 2012
Halpin v. Sandpiper Books Ltd: Establishing the Reasonableness of Redundancy Selection in Unfair Dismissal Cases Introduction Halpin v. Sandpiper Books Ltd ([2012] UKEAT 0171_11_0602) is a pivotal...
Expanding the Scope of Article 1F: Establishing Comprehensive Liability for Aiding and Abetting War Crimes in Zimbabwe

Expanding the Scope of Article 1F: Establishing Comprehensive Liability for Aiding and Abetting War Crimes in Zimbabwe

Date: Feb 3, 2012
Expanding the Scope of Article 1F: Establishing Comprehensive Liability for Aiding and Abetting War Crimes in Zimbabwe Introduction The case of MT (Article 1F (a) - aiding and abetting) Zimbabwe...
Ensuring Proportional Remedies in Competition Law: Comprehensive Analysis of Baa Ltd v Competition Commission [2012] CAT 3

Ensuring Proportional Remedies in Competition Law: Comprehensive Analysis of Baa Ltd v Competition Commission [2012] CAT 3

Date: Feb 2, 2012
Ensuring Proportional Remedies in Competition Law: Comprehensive Analysis of Baa Ltd v Competition Commission [2012] CAT 3 Introduction The case of Baa Ltd v Competition Commission ([2012] CAT 3) was...
AA (unattended children) Afghanistan CG: Establishing Precedents in Child Asylum Cases

AA (unattended children) Afghanistan CG: Establishing Precedents in Child Asylum Cases

Date: Feb 2, 2012
AA (unattended children) Afghanistan CG: Establishing Precedents in Child Asylum Cases Introduction The case of AA (unattended children) Afghanistan CG [2012] UKUT 00016 (IAC) presents a significant...
Land Tenants Act Interpretation in HV Holdings Ltd v. Presbyterian Church of Trinidad and Tobago

Land Tenants Act Interpretation in HV Holdings Ltd v. Presbyterian Church of Trinidad and Tobago

Date: Feb 2, 2012
Land Tenants Act Interpretation in HV Holdings Ltd v. Presbyterian Church of Trinidad and Tobago Introduction The case of HV Holdings Ltd v. Incorporated Trustees of the Presbyterian Church of...
Meteor Capital Group Ltd v. Revenue & Customs: Establishing the Boundaries of Reasonable Excuse in Late PAYE and NICs Payments

Meteor Capital Group Ltd v. Revenue & Customs: Establishing the Boundaries of Reasonable Excuse in Late PAYE and NICs Payments

Date: Feb 2, 2012
Meteor Capital Group Ltd v. Revenue & Customs: Establishing the Boundaries of Reasonable Excuse in Late PAYE and NICs Payments Introduction The case of Meteor Capital Group Ltd v. Revenue & Customs...
JD Wetherspoon v. HMRC [2012]: Clarifying the Boundaries of 'Plant' and 'Premises' under CAA 1990

JD Wetherspoon v. HMRC [2012]: Clarifying the Boundaries of 'Plant' and 'Premises' under CAA 1990

Date: Feb 1, 2012
JD Wetherspoon v. HMRC [2012]: Clarifying the Boundaries of 'Plant' and 'Premises' under CAA 1990 Introduction The case of JD Wetherspoon plc v. HM Revenue and Customs (HMRC) ([2012] UKUT 42 (TCC))...
Warby v. Wunda Group Plc: Reinforcing the Contextual Approach to Harassment Claims

Warby v. Wunda Group Plc: Reinforcing the Contextual Approach to Harassment Claims

Date: Jan 28, 2012
Warby v. Wunda Group Plc: Reinforcing the Contextual Approach to Harassment Claims Introduction The case of Warby v. Wunda Group Plc ([2012] UKEAT 0434_11_2701) presents a significant examination of...
Upper Tribunal Refines Asylum Standards for Homosexual Claimants: LZ (Zimbabwe CG) [2011] UKUT 487

Upper Tribunal Refines Asylum Standards for Homosexual Claimants: LZ (Zimbabwe CG) [2011] UKUT 487

Date: Jan 27, 2012
Upper Tribunal Refines Asylum Standards for Homosexual Claimants: LZ (Zimbabwe CG) [2011] UKUT 487 Introduction The case of LZ (homosexuals) Zimbabwe CG ([2011] UKUT 487 (IAC)) adjudicated by the...
Defining 'Costs Incurred' under Section 20B: The Precedent Set by OM Property Management Ltd v. Burr [2012] UKUT 2 (LC)

Defining 'Costs Incurred' under Section 20B: The Precedent Set by OM Property Management Ltd v. Burr [2012] UKUT 2 (LC)

Date: Jan 27, 2012
Defining 'Costs Incurred' under Section 20B: The Precedent Set by OM Property Management Ltd v. Burr [2012] UKUT 2 (LC) Introduction The case of OM Property Management Ltd v. Burr ([2012] UKUT 2...
Clarifying Continuous Residence Requirements for EEA Family Members: The Idezuna Decision

Clarifying Continuous Residence Requirements for EEA Family Members: The Idezuna Decision

Date: Jan 25, 2012
Clarifying Continuous Residence Requirements for EEA Family Members: The Idezuna Decision Introduction The case of Idezuna (EEA - Permanent Residence) v. Secretary of State for the Home Department...
Attribution of Agent's Knowledge in MTIC Fraud: HMRC v Greener Solutions [2012] UKUT 18 (TCC)

Attribution of Agent's Knowledge in MTIC Fraud: HMRC v Greener Solutions [2012] UKUT 18 (TCC)

Date: Jan 19, 2012
Attribution of Agent's Knowledge in MTIC Fraud: HMRC v Greener Solutions [2012] UKUT 18 (TCC) Introduction The case of HMRC v. Greener Solutions Limited ([2012] UKUT 18 (TCC)) stands as a pivotal...
Assessing HMRC's Duty to Act Fairly in Penalty Impositions: Rodney Warren & Co v Revenue & Customs [2012] UKFTT 57 (TC)

Assessing HMRC's Duty to Act Fairly in Penalty Impositions: Rodney Warren & Co v Revenue & Customs [2012] UKFTT 57 (TC)

Date: Jan 18, 2012
Assessing HMRC's Duty to Act Fairly in Penalty Impositions: Rodney Warren & Co v Revenue & Customs [2012] UKFTT 57 (TC) Introduction Rodney Warren & Co v Revenue & Customs ([2012] UKFTT 57 (TC)) is a...
Regulating Tribunal Site Visits in ESA Cases: Analysis of ML v. Secretary of State for Work and Pensions ([2012] UKUT 19 (AAC))

Regulating Tribunal Site Visits in ESA Cases: Analysis of ML v. Secretary of State for Work and Pensions ([2012] UKUT 19 (AAC))

Date: Jan 18, 2012
Regulating Tribunal Site Visits in ESA Cases: Analysis of ML v. Secretary of State for Work and Pensions ([2012] UKUT 19 (AAC)) Introduction The case of ML v. Secretary of State for Work and Pensions...
Upper Tribunal Establishes Strict Limits on Correction Certificates in Leasehold Valuation Appeals

Upper Tribunal Establishes Strict Limits on Correction Certificates in Leasehold Valuation Appeals

Date: Jan 18, 2012
Upper Tribunal Establishes Strict Limits on Correction Certificates in Leasehold Valuation Appeals Introduction The case of Clarise Properties Ltd v Leasehold Valuation Tribunal ([2012] UKUT 4 (LC))...
Assessing Subsisting Marriages Through Telephone Communication: The Goudey v Entry Clearance Officer Case

Assessing Subsisting Marriages Through Telephone Communication: The Goudey v Entry Clearance Officer Case

Date: Jan 17, 2012
Assessing Subsisting Marriages Through Telephone Communication: The Goudey v Entry Clearance Officer Case Introduction The case of Goudey v Entry Clearance Officer ([2012] UKUT 00041 (IAC)) presents...
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