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  • Commentaries

United Kingdom Case Commentaries

Edwards v Chesterfield Royal Hospital NHS Foundation Trust: The Johnson Exclusion Area Reinforced

Edwards v Chesterfield Royal Hospital NHS Foundation Trust: The Johnson Exclusion Area Reinforced

Date: Dec 15, 2011
Edwards v Chesterfield Royal Hospital NHS Foundation Trust: The Johnson Exclusion Area Reinforced Introduction In the landmark case of Edwards v Chesterfield Royal Hospital NHS Foundation Trust...
Business Property Relief for Holiday Letting Properties: Analysis of Pawson v. Revenue & Customs [2012] UKFTT 51 (TC)

Business Property Relief for Holiday Letting Properties: Analysis of Pawson v. Revenue & Customs [2012] UKFTT 51 (TC)

Date: Dec 15, 2011
Business Property Relief for Holiday Letting Properties: Analysis of Pawson v. Revenue & Customs [2012] UKFTT 51 (TC) Introduction The case of Pawson (deceased) v. Revenue & Customs ([2012] UKFTT 51...
Aberdeen Asset Management PLC v HMRC: Redefining PAYE Obligations on Convertible Asset Payments

Aberdeen Asset Management PLC v HMRC: Redefining PAYE Obligations on Convertible Asset Payments

Date: Dec 10, 2011
Aberdeen Asset Management PLC v HMRC: Redefining PAYE Obligations on Convertible Asset Payments Introduction The case of Aberdeen Asset Management PLC v HMRC ([2012] UKUT 43 (TCC)) is a pivotal...
Jose v. Julio: Narrow Construction of NMW Regulation 2(2) Exemption for Domestic Workers

Jose v. Julio: Narrow Construction of NMW Regulation 2(2) Exemption for Domestic Workers

Date: Dec 9, 2011
Jose v. Julio: Narrow Construction of NMW Regulation 2(2) Exemption for Domestic Workers Introduction Jose v. Julio ([2012] ICR 487) is a pivotal case heard by the United Kingdom Employment Appeal...
NMW Compliance for Domestic Workers: The Narrow Construction of Regulation 2(2) in Udin v. Chamsi-Pasha & Ors [2011] UKEAT 0071

NMW Compliance for Domestic Workers: The Narrow Construction of Regulation 2(2) in Udin v. Chamsi-Pasha & Ors [2011] UKEAT 0071

Date: Dec 9, 2011
NMW Compliance for Domestic Workers: The Narrow Construction of Regulation 2(2) in Udin v. Chamsi-Pasha & Ors [2011] UKEAT 0071 Introduction Udin v. Chamsi-Pasha & Ors ([2011] UKEAT 0071_11_0812) is...
Descriptive Title Reflecting the Judgment's New Legal Principle

Descriptive Title Reflecting the Judgment's New Legal Principle

Date: Dec 8, 2011
Application of Annual Leave Provisions Under the Working Time Regulations to Offshore Workers: A Comprehensive Analysis of Russell & Ors v. Transocean International Resources Ltd & Ors (Scotland)...
Implying Terms to Uphold Contractual Intent: Aberdeen City Council v. Stewart Milne Group Ltd

Implying Terms to Uphold Contractual Intent: Aberdeen City Council v. Stewart Milne Group Ltd

Date: Dec 8, 2011
Implying Terms to Uphold Contractual Intent: Aberdeen City Council v. Stewart Milne Group Ltd Introduction The case of Aberdeen City Council v. Stewart Milne Group Ltd (Scotland) (2012 SLT 205)...
Agar Ltd v Revenue & Customs: Establishing Precedents in PAYE Penalty Assessments

Agar Ltd v Revenue & Customs: Establishing Precedents in PAYE Penalty Assessments

Date: Dec 7, 2011
Agar Ltd v Revenue & Customs: Establishing Precedents in PAYE Penalty Assessments Introduction Agar Ltd v Revenue & Customs ([2011] UKFTT 773 (TC)) is a pivotal case adjudicated by the First-tier...
Heaney-Irving v HMRC: Defining Reasonable Excuse in Self-Assessment Non-Compliance

Heaney-Irving v HMRC: Defining Reasonable Excuse in Self-Assessment Non-Compliance

Date: Dec 6, 2011
Heaney-Irving v HMRC: Defining Reasonable Excuse in Self-Assessment Non-Compliance Introduction Heaney-Irving v Revenue & Customs ([2011] UKFTT 785 (TC)) is a significant case adjudicated by the...
Balancing Article 8 Rights of Children Against Immigration Control: Upper Tribunal in MK [2011] UKUT 475 (IAC)

Balancing Article 8 Rights of Children Against Immigration Control: Upper Tribunal in MK [2011] UKUT 475 (IAC)

Date: Dec 3, 2011
Balancing Article 8 Rights of Children Against Immigration Control: Upper Tribunal in MK [2011] UKUT 475 (IAC) Introduction The case of MK (Best Interests of Child) India ([2011] UKUT 475 (IAC)) was...
Ensuring Accurate Fact-Finding on Self-Employment for EU Nationals under Jobseeker's Allowance Regulations

Ensuring Accurate Fact-Finding on Self-Employment for EU Nationals under Jobseeker's Allowance Regulations

Date: Dec 2, 2011
Ensuring Accurate Fact-Finding on Self-Employment for EU Nationals under Jobseeker's Allowance Regulations Introduction The case of RJ v. Secretary of State for Work and Pensions (JSA) ([2011] UKUT...
Employment Tribunals Must Thoroughly Assess Factual Disputes Before Striking Out Discrimination Claims: Sharma v. New College Nottingham

Employment Tribunals Must Thoroughly Assess Factual Disputes Before Striking Out Discrimination Claims: Sharma v. New College Nottingham

Date: Dec 2, 2011
Employment Tribunals Must Thoroughly Assess Factual Disputes Before Striking Out Discrimination Claims: Sharma v. New College Nottingham Introduction The case of Sharma v. New College Nottingham...
Reforming Compensation: The Landmark Decision in Commissioner of Police v. Shaw on Aggravated Damages in Victimisation Discrimination

Reforming Compensation: The Landmark Decision in Commissioner of Police v. Shaw on Aggravated Damages in Victimisation Discrimination

Date: Nov 30, 2011
Reforming Compensation: The Landmark Decision in Commissioner of Police v. Shaw on Aggravated Damages in Victimisation Discrimination Introduction The case of Commissioner of Police of the Metropolis...
AMM (Somalia CG): RT (Zimbabwe) applied to Al‑Shabab “playing the game”, Article 15(c) v Article 3 clarified, internal relocation burdens recalibrated, and FGM risk country guidance

AMM (Somalia CG): RT (Zimbabwe) applied to Al‑Shabab “playing the game”, Article 15(c) v Article 3 clarified, internal relocation burdens recalibrated, and FGM risk country guidance

Date: Nov 29, 2011
AMM (Somalia CG): RT (Zimbabwe) applied to Al‑Shabab “playing the game”, Article 15(c) v Article 3 clarified, internal relocation burdens recalibrated, and FGM risk country guidance Introduction In...
Effective Waiver of Legal Counsel in Scottish Criminal Proceedings: The Judgment in Jude v. Her Majesty's Advocate

Effective Waiver of Legal Counsel in Scottish Criminal Proceedings: The Judgment in Jude v. Her Majesty's Advocate

Date: Nov 24, 2011
Effective Waiver of Legal Counsel in Scottish Criminal Proceedings: The Judgment in Jude v. Her Majesty's Advocate Introduction The case of Jude v. Her Majesty's Advocate (Scotland) [2012] HRLR 8,...
McGowan v. B: Supreme Court Establishes Parameters for Waiving Right to Legal Advice During Police Interrogation

McGowan v. B: Supreme Court Establishes Parameters for Waiving Right to Legal Advice During Police Interrogation

Date: Nov 24, 2011
McGowan v. B: Supreme Court Establishes Parameters for Waiving Right to Legal Advice During Police Interrogation Introduction McGowan (Procurator Fiscal) v. B (Scotland) ([2011] UKSC 54) is a seminal...
Boktor and Wanis v Secretary of State for the Home Department: Rethinking Extensions for Late Appeals in Immigration Law

Boktor and Wanis v Secretary of State for the Home Department: Rethinking Extensions for Late Appeals in Immigration Law

Date: Nov 23, 2011
Boktor and Wanis v Secretary of State for the Home Department: Rethinking Extensions for Late Appeals in Immigration Law Introduction The case of Boktor and Wanis (late application for permission)...
Reaffirmation and Application of the Chikwamba Principle in Immigration Law: Hayat v Secretary of State for the Home Department

Reaffirmation and Application of the Chikwamba Principle in Immigration Law: Hayat v Secretary of State for the Home Department

Date: Nov 23, 2011
Reaffirmation and Application of the Chikwamba Principle in Immigration Law: Hayat v Secretary of State for the Home Department Introduction The case of Hayat v Secretary of State for the Home...
Guidelines for Electronic Evidence in Immigration Hearings: The Nare Decision

Guidelines for Electronic Evidence in Immigration Hearings: The Nare Decision

Date: Nov 23, 2011
Guidelines for Electronic Evidence in Immigration Hearings: The Nare Decision Introduction The case of Thabang Nare versus The Secretary of State for the Home Department ([2011] UKUT 443 (IAC)) is a...
Upper Tribunal Establishes Variation Date as Effective Date for Financial Assessment in Tier 4 Visa Applications

Upper Tribunal Establishes Variation Date as Effective Date for Financial Assessment in Tier 4 Visa Applications

Date: Nov 22, 2011
Upper Tribunal Establishes Variation Date as Effective Date for Financial Assessment in Tier 4 Visa Applications Introduction The case of Qureshi (Tier 4 - effect of variation - App C) Pakistan...
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