United Kingdom Case Commentaries

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

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

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

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

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)

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

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

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

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

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

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

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

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

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

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

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...

Landlord's Entitlement to Access Through Appointed Agent: Beaufort Park Residents Management Ltd v. Sabahipour

Date: Nov 22, 2011

Landlord's Entitlement to Access Through Appointed Agent: Beaufort Park Residents Management Ltd v. Sabahipour Introduction The case of Beaufort Park Residents Management Ltd v. Sabahipour ([2011]...

Establishing Dependence in OFM Applications: Insights from Moneke Nigeria [2011] UKUT 430 (IAC)

Date: Nov 12, 2011

Establishing Dependence in OFM Applications: Insights from Moneke Nigeria [2011] UKUT 430 (IAC) Introduction The case of Moneke Nigeria [2011] UKUT 430 (IAC) involves appellant siblings, Tonia and...

Defining 'Books' and 'Booklets' for VAT Zero-Rating: Analysis of Harrier LLC v Revenue & Customs

Date: Nov 11, 2011

Defining 'Books' and 'Booklets' for VAT Zero-Rating: Analysis of Harrier LLC v Revenue & Customs Introduction The case of Harrier LLC v. Revenue & Customs ([2011] UKFTT 725 (TC)) deals with a...

Jones v Kernott [2011] NPC 116: Clarifying Beneficial Interests in Cohabiting Couples' Property

Date: Nov 10, 2011

Jones v Kernott [2011] NPC 116: Clarifying Beneficial Interests in Cohabiting Couples' Property Introduction The case of Jones v Kernott [2011] NPC 116 presents a pivotal moment in the jurisprudence...