United Kingdom Case Commentaries

Jarusevicius [2012] UKUT 120: Imprisonment Not Counted Towards EEA Permanent Residence Requirements

Date: Apr 18, 2012

Jarusevicius [2012] UKUT 120: Imprisonment Not Counted Towards EEA Permanent Residence Requirements Introduction The case of Jarusevicius serves as a pivotal reference in understanding the interplay...

Balancing Visit Frequency and Genuine Intent in Family Visitor Visa Applications: Sawmynaden [2012] UKUT 161 (IAC)

Date: Apr 17, 2012

Balancing Visit Frequency and Genuine Intent in Family Visitor Visa Applications: Sawmynaden [2012] UKUT 161 (IAC) Introduction The case of Mrs. Krishnambal Sawmynaden vs. The Entry Clearance...

Ensuring Procedural Fairness in Asylum Appeals: The AX (China) Case and the Application of Surendran Guidelines

Date: Apr 17, 2012

Ensuring Procedural Fairness in Asylum Appeals: The AX (China) Case and the Application of Surendran Guidelines Introduction The Upper Tribunal (Immigration and Asylum Chamber) delivered a pivotal...

Single Dwelling Comprising Multiple Buildings Entitles VAT Refund: Analysis of Catchpole v. Revenue & Customs [2012] UKFTT 309 (TC)

Date: Apr 14, 2012

Single Dwelling Comprising Multiple Buildings Entitles VAT Refund: Analysis of Catchpole v. Revenue & Customs [2012] UKFTT 309 (TC) Introduction The case of Catchpole v. Revenue & Customs [2012]...

Coast Telecom Ltd v. Revenue & Customs: Implications for VAT Deduction and MTIC Fraud Cases

Date: Apr 12, 2012

Coast Telecom Ltd v. Revenue & Customs: Implications for VAT Deduction and MTIC Fraud Cases Introduction The case Coast Telecom Limited v. Revenue & Customs ([2012] UKFTT 307 (TC)) is a significant...

Upper Tribunal Decision in Solitaire Property Management Company & Anor v. Holden & Others: Jurisdictional Limits and Reasonableness of Service Charges

Date: Apr 11, 2012

Upper Tribunal Decision in Solitaire Property Management Company & Anor v. Holden & Others: Jurisdictional Limits and Reasonableness of Service Charges Introduction The case of Solitaire Property...

Basnet v. Upper Tribunal: Establishing the Burden of Proof in Immigration Fee Payment Validity

Date: Apr 5, 2012

Basnet v. Upper Tribunal: Establishing the Burden of Proof in Immigration Fee Payment Validity Introduction The case of Basnet [2012] UKUT 113 (IAC) addresses critical issues pertaining to the...

Reaffirming the Primacy of Legal Professional Privilege in Environmental Information Requests

Date: Mar 29, 2012

Reaffirming the Primacy of Legal Professional Privilege in Environmental Information Requests Introduction The case of DCLG v. The Information Commissioner & WR ([2012] UKUT 103 (AAC)) represents a...

Clarifying Insurance Triggers for Mesothelioma in Employers' Liability: BAI (Run Off) Ltd v Durham & Ors

Date: Mar 29, 2012

Clarifying Insurance Triggers for Mesothelioma in Employers' Liability: BAI (Run Off) Ltd v Durham & Ors Introduction The United Kingdom Supreme Court case of BAI (Run Off) Ltd v Durham & Ors ([2012]...

VAT Exemption Clarified: Staff Supply Does Not Constitute Medical Services – Premier Dental Agency v HMRC [2012]

Date: Mar 28, 2012

VAT Exemption Clarified: Staff Supply Does Not Constitute Medical Services – Premier Dental Agency v HMRC [2012] Introduction The case of Sally Moher at Premier Dental Agency v. HMRC ([2012] UKUT...

Tribunal Decision on Procedural Costs: Eastenders Cash and Carry Plc v. Revenue & Customs

Date: Mar 28, 2012

Tribunal Decision on Procedural Costs: Eastenders Cash and Carry Plc v. Revenue & Customs Introduction Eastenders Cash and Carry Plc ("the Appellant") appealed a decision by Her Majesty's Revenue and...

Clarifying Opposition Thresholds for Lease Variations under Section 37(5)(b) Landlord and Tenant Act 1987: Dixon & Ors v. Wellington Close Management Company

Date: Mar 27, 2012

Clarifying Opposition Thresholds for Lease Variations under Section 37(5)(b) Landlord and Tenant Act 1987 Dixon & Ors v. Wellington Close Management Company ([2012] UKUT 95 (LC)) Introduction Dixon &...

Maryan v Revenue & Customs: Clarifying Costs Award Jurisdiction under the First-tier Tribunal Costs Rules 2009

Date: Mar 27, 2012

Maryan v Revenue & Customs: Clarifying Costs Award Jurisdiction under the First-tier Tribunal Costs Rules 2009 Introduction The case of Maryan (trading as Hazeldene Catering) v. Revenue & Customs...

Revisiting Reasonable Adjustments: Newcastle Upon Tyne Hospitals NHS Foundation Trust v. Bagley – An Employment Appeal Tribunal Analysis

Date: Mar 24, 2012

Revisiting Reasonable Adjustments: Newcastle Upon Tyne Hospitals NHS Foundation Trust v. Bagley – An Employment Appeal Tribunal Analysis Introduction Newcastle Upon Tyne Hospitals NHS Foundation...

Conditional Discharge and After-Care Arrangements: Insights from DC v Nottinghamshire Healthcare NHS Trust [2012] UKUT 92

Date: Mar 23, 2012

Conditional Discharge and After-Care Arrangements: Insights from DC v Nottinghamshire Healthcare NHS Trust [2012] UKUT 92 Introduction The case of DC v Nottinghamshire Healthcare NHS Trust and the...

Interpretation of 'Lawfully in Their Territory' Under Article 32 of the Refugee Convention

Date: Mar 22, 2012

Interpretation of 'Lawfully in Their Territory' Under Article 32 of the Refugee Convention Introduction The case ST Eritrea, R (on the application of) v. Secretary of State for the Home Department...

Clarifying Limitation Periods in VAT Assessments Involving Fraudulent Conduct: ERF Ltd v HMRC ([2012] UKUT 105 (TCC))

Date: Mar 22, 2012

Clarifying Limitation Periods in VAT Assessments Involving Fraudulent Conduct: ERF Ltd v HMRC ([2012] UKUT 105 (TCC)) Introduction The case of ERF Limited v. HMRC ([2012] UKUT 105 (TCC)) is a pivotal...

Reynolds Privilege Affirmed in Flood v Times Newspapers Ltd

Date: Mar 22, 2012

Reynolds Privilege Affirmed in Flood v Times Newspapers Ltd ([2012] 2 WLR 760) Introduction The landmark case of Flood v Times Newspapers Ltd ([2012] 2 WLR 760) provides a pivotal analysis of the...

Proper Interpretation of 'Suitable' in Sequential Site Selection: Tesco v Dundee City Council [2012]

Date: Mar 22, 2012

Proper Interpretation of 'Suitable' in Sequential Site Selection: Tesco v Dundee City Council [2012] Introduction The case of Tesco Stores Ltd v. Dundee City Council ([2012] PTSR 983) stands as a...

Affirming Litigation Privilege in Competition Law Proceedings: Insights from Tesco Stores Ltd v OFT [2012] CAT 6

Date: Mar 21, 2012

Affirming Litigation Privilege in Competition Law Proceedings: Insights from Tesco Stores Ltd v Office of Fair Trading [2012] CAT 6 Introduction The case of Tesco Stores Ltd, Tesco Holdings Ltd,...