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  • Commentaries

United Kingdom Case Commentaries

Exclusion of Equitable Set-Off by Rule Against Double Proof in Insolvency: Insights from Kaupthing Singer and Friedlander Ltd, Re ([2011] Bus LR 1644)

Exclusion of Equitable Set-Off by Rule Against Double Proof in Insolvency: Insights from Kaupthing Singer and Friedlander Ltd, Re ([2011] Bus LR 1644)

Date: Oct 20, 2011
Exclusion of Equitable Set-Off by Rule Against Double Proof in Insolvency: Insights from Kaupthing Singer and Friedlander Ltd, Re ([2011] Bus LR 1644) Introduction The case of Kaupthing Singer and...
Supreme Court Confirms Ordinary Law Over HMRC Guidance in Determining Tax Residence

Supreme Court Confirms Ordinary Law Over HMRC Guidance in Determining Tax Residence

Date: Oct 20, 2011
Supreme Court Confirms Ordinary Law Over HMRC Guidance in Determining Tax Residence Introduction In the landmark case of Davies & Anor, R (on the application of) v. Revenue and Customs ([2011] UKSC...
Employment Rights: Emphasizing Re-engagement in Unfair Dismissal Cases – King v. Royal Bank Of Canada Europe Ltd

Employment Rights: Emphasizing Re-engagement in Unfair Dismissal Cases – King v. Royal Bank Of Canada Europe Ltd

Date: Oct 19, 2011
Employment Rights: Emphasizing Re-engagement in Unfair Dismissal Cases – King v. Royal Bank Of Canada Europe Ltd Introduction King v. Royal Bank Of Canada Europe Ltd ([2011] UKEAT 0333_10_1810) is a...
Costs in Penalty-Only Appeals: Eden Brown Ltd v. Office of Fair Trading Sets Precedent

Costs in Penalty-Only Appeals: Eden Brown Ltd v. Office of Fair Trading Sets Precedent

Date: Oct 15, 2011
Costs in Penalty-Only Appeals: Eden Brown Ltd v. Office of Fair Trading Sets Precedent Introduction The case of Eden Brown Ltd v. Office of Fair Trading ([2011] CAT 29) marks a significant...
Employment Status Determined for Weight Watchers Leaders: Implications for PAYE and NIC

Employment Status Determined for Weight Watchers Leaders: Implications for PAYE and NIC

Date: Oct 15, 2011
Employment Status Determined for Weight Watchers Leaders: Implications for PAYE and NIC Introduction The case Weightwatchers & Ors v. HMRC ([2011] UKUT B23 (TCC)) presents a significant examination...
Re-defining Public Benefit in Charitable Status of Fee-Charging Independent Schools: The Independent Schools Council v. Charity Commission [2012] 2 WLR 100

Re-defining Public Benefit in Charitable Status of Fee-Charging Independent Schools: The Independent Schools Council v. Charity Commission [2012] 2 WLR 100

Date: Oct 14, 2011
Re-defining Public Benefit in Charitable Status of Fee-Charging Independent Schools: The Independent Schools Council v. Charity Commission [2012] 2 WLR 100 1. Introduction The case of The Independent...
Supreme Court Upholds Scotland's Damages (Asbestos-related Conditions) Act 2009: Implications for Legislative Competence and Insurance Liability

Supreme Court Upholds Scotland's Damages (Asbestos-related Conditions) Act 2009: Implications for Legislative Competence and Insurance Liability

Date: Oct 13, 2011
Supreme Court Upholds Scotland's Damages (Asbestos-related Conditions) Act 2009: Implications for Legislative Competence and Insurance Liability Introduction AXA General Insurance Ltd and other...
Quila & Anor v Secretary of State for the Home Department: Upholding Article 8 Rights in Marriage Visa Regulations

Quila & Anor v Secretary of State for the Home Department: Upholding Article 8 Rights in Marriage Visa Regulations

Date: Oct 13, 2011
Quila & Anor v Secretary of State for the Home Department: Upholding Article 8 Rights in Marriage Visa Regulations Introduction The case of Quila & Anor, R (on the application of) v. Secretary of...
Sloane Stanley Estate v Morgan: Establishing Hope Value in Short-Term Leasehold Enfranchisement

Sloane Stanley Estate v Morgan: Establishing Hope Value in Short-Term Leasehold Enfranchisement

Date: Oct 11, 2011
Sloane Stanley Estate v Morgan: Establishing Hope Value in Short-Term Leasehold Enfranchisement Introduction The case of The Sloane Stanley Estate v. Morgan & Anor ([2011] UKUT 415 (LC)) adjudicated...
Inclusion of Stepchildren in Article 12 of Regulation (EEC) No.1612/68: Insights from Alarape & Anor (2011)

Inclusion of Stepchildren in Article 12 of Regulation (EEC) No.1612/68: Insights from Alarape & Anor (2011)

Date: Oct 11, 2011
Inclusion of Stepchildren in Article 12 of Regulation (EEC) No.1612/68: Insights from Alarape & Anor (2011) Introduction The case of Alarape & Anor (Article 12, EC Reg 1612/68) Nigeria [2011] UKUT...
Establishing Unreasonable Conduct in Tax Appeals: Insights from Thomas Holdings Ltd v. Revenue & Customs [2011] UKFTT 656 (TC)

Establishing Unreasonable Conduct in Tax Appeals: Insights from Thomas Holdings Ltd v. Revenue & Customs [2011] UKFTT 656 (TC)

Date: Oct 11, 2011
Establishing Unreasonable Conduct in Tax Appeals: Insights from Thomas Holdings Ltd v. Revenue & Customs [2011] UKFTT 656 (TC) Introduction The case of Thomas Holdings Limited (THL) versus Revenue &...
Assessing Reasonableness and Evidential Standards in Service Charge Disputes: Country Trade Ltd v. Noakes & Ors [2011] UKUT 407 (LC) Commentary

Assessing Reasonableness and Evidential Standards in Service Charge Disputes: Country Trade Ltd v. Noakes & Ors [2011] UKUT 407 (LC) Commentary

Date: Oct 8, 2011
Assessing Reasonableness and Evidential Standards in Service Charge Disputes: Country Trade Ltd v. Noakes & Ors [2011] UKUT 407 (LC) Introduction The case of Country Trade Ltd v. Noakes & Ors ([2011]...
Clarifying the Scope of Legal Representation Rights under Article 6: Ambrose v. Harris, Procurator Fiscal, Oban (2011)

Clarifying the Scope of Legal Representation Rights under Article 6: Ambrose v. Harris, Procurator Fiscal, Oban (2011)

Date: Oct 7, 2011
Clarifying the Scope of Legal Representation Rights under Article 6: Ambrose v. Harris, Procurator Fiscal, Oban (2011) Introduction The case of Ambrose v. Harris, Procurator Fiscal, Oban (2011 SLT...
Impact of Legal Representation on Admissibility of Derived Evidence: Commentary on Her Majesty's Advocate v. P (Scotland)

Impact of Legal Representation on Admissibility of Derived Evidence: Commentary on Her Majesty's Advocate v. P (Scotland)

Date: Oct 7, 2011
Impact of Legal Representation on Admissibility of Derived Evidence: Commentary on Her Majesty's Advocate v. P (Scotland) Introduction Her Majesty's Advocate v. P (Scotland) ([2012] HRLR 4) is a...
Cordell v. Foreign and Commonwealth Office: Reasonable Adjustments and Cost Considerations in Disability Discrimination Law

Cordell v. Foreign and Commonwealth Office: Reasonable Adjustments and Cost Considerations in Disability Discrimination Law

Date: Oct 6, 2011
Cordell v. Foreign and Commonwealth Office: Reasonable Adjustments and Cost Considerations in Disability Discrimination Law Introduction Cordell v. Foreign and Commonwealth Office ([2011] Eq LR 1210)...
Establishing the Validity of Limited Leave Extensions in Immigration Proceedings

Establishing the Validity of Limited Leave Extensions in Immigration Proceedings

Date: Oct 6, 2011
Establishing the Validity of Limited Leave Extensions in Immigration Proceedings Introduction The case of Kishver and Others v. The Secretary of State for the Home Department ([2011] UKUT 410 (IAC))...
Quashing of Time Limit Waiver Denial in Criminal Injuries Compensation Claims: R (MJ) v. FTT & CICA

Quashing of Time Limit Waiver Denial in Criminal Injuries Compensation Claims: R (MJ) v. FTT & CICA

Date: Oct 1, 2011
Quashing of Time Limit Waiver Denial in Criminal Injuries Compensation Claims: R (MJ) v. FTT & CICA Introduction The case of R (MJ) v. FTT & CICA ([2011] UKUT 402 (AAC)) presents a significant...
Ajakaiye v Entry Clearance Officer: Clarifying the Right of Appeal in Family Visitor Cases

Ajakaiye v Entry Clearance Officer: Clarifying the Right of Appeal in Family Visitor Cases

Date: Sep 28, 2011
Ajakaiye v Entry Clearance Officer: Clarifying the Right of Appeal in Family Visitor Cases Introduction The case of Ajakaiye v Entry Clearance Officer ([2011] UKUT 375 (IAC)) addresses pivotal issues...
Pun and Others [2011]: Upper Tribunal Reinforces Discretionary Nature of Gurkha Entry Clearance Policy under Article 8

Pun and Others [2011]: Upper Tribunal Reinforces Discretionary Nature of Gurkha Entry Clearance Policy under Article 8

Date: Sep 28, 2011
Pun and Others [2011]: Upper Tribunal Reinforces Discretionary Nature of Gurkha Entry Clearance Policy under Article 8 Introduction The case of Pun and others (Gurkhas - policy- article 8) Nepal...
Upper Tribunal Rules Against Saving RTM Claim Notice with Incorrect Registered Office: Mandatory Compliance under CALRA 2002

Upper Tribunal Rules Against Saving RTM Claim Notice with Incorrect Registered Office: Mandatory Compliance under CALRA 2002

Date: Sep 28, 2011
Upper Tribunal Rules Against Saving RTM Claim Notice with Incorrect Registered Office: Mandatory Compliance under CALRA 2002 Introduction The case of Assethold Ltd v. 15 Yonge Park RTM Co Ltd ([2011]...
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