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  • Commentaries

United Kingdom Case Commentaries

Establishing Prior Dependency for Other Family Members under the Immigration (EEA) Regulations 2006: Insights from Ihemedu v Secretary of State [2011] UKUT 340 (IAC)

Establishing Prior Dependency for Other Family Members under the Immigration (EEA) Regulations 2006: Insights from Ihemedu v Secretary of State [2011] UKUT 340 (IAC)

Date: Aug 18, 2011
Establishing Prior Dependency for Other Family Members under the Immigration (EEA) Regulations 2006: Insights from Ihemedu v Secretary of State [2011] UKUT 340 (IAC) Introduction The case of Ihemedu...
Section 1(4) Leasehold Enfranchisement: Balancing Tenant Rights and Landlord Covenants in Fluss v. Queensbridge Terrace Residents Ltd

Section 1(4) Leasehold Enfranchisement: Balancing Tenant Rights and Landlord Covenants in Fluss v. Queensbridge Terrace Residents Ltd

Date: Aug 18, 2011
Section 1(4) Leasehold Enfranchisement: Balancing Tenant Rights and Landlord Covenants in Fluss v. Queensbridge Terrace Residents Ltd ([2011] UKUT 285 (LC)) Introduction The case of Fluss v....
Modification of Restrictive Covenants and Compensation Adequacy in Thames Valley Holdings Ltd v National Trust

Modification of Restrictive Covenants and Compensation Adequacy in Thames Valley Holdings Ltd v National Trust

Date: Aug 17, 2011
Modification of Restrictive Covenants and Compensation Adequacy in Thames Valley Holdings Ltd v National Trust ([2010] UKUT 325 (LC)) Introduction The case of Thames Valley Holdings Ltd v National...
Establishing the Primacy of the Mental Health Act over the Mental Capacity Act in Deprivation of Liberty Cases: DN v. Northumberland Tyne & Wear NHS Foundation Trust

Establishing the Primacy of the Mental Health Act over the Mental Capacity Act in Deprivation of Liberty Cases: DN v. Northumberland Tyne & Wear NHS Foundation Trust

Date: Aug 17, 2011
Establishing the Primacy of the Mental Health Act over the Mental Capacity Act in Deprivation of Liberty Cases: DN v. Northumberland Tyne & Wear NHS Foundation Trust Introduction The case of DN v....
Scurfield v. Revenue & Customs: Reasonable Excuse for Late Pension Protection Application

Scurfield v. Revenue & Customs: Reasonable Excuse for Late Pension Protection Application

Date: Aug 10, 2011
Scurfield v. Revenue & Customs: Reasonable Excuse for Late Pension Protection Application Introduction Scurfield v. Revenue & Customs ([2011] UKFTT 532 (TC)) is a pivotal case adjudicated by the...
Session-Based VAT Calculation for Bingo Operations: Insights from Carlton Clubs Plc v. Revenue & Customs

Session-Based VAT Calculation for Bingo Operations: Insights from Carlton Clubs Plc v. Revenue & Customs

Date: Aug 10, 2011
Session-Based VAT Calculation for Bingo Operations: Insights from Carlton Clubs Plc v. Revenue & Customs Introduction Carlton Clubs Plc v. Revenue & Customs ([2011] SFTD 1209) is a pivotal case...
Reliance on Accountants as a Reasonable Excuse for Late Income Tax Payments: Rich v Revenue & Customs

Reliance on Accountants as a Reasonable Excuse for Late Income Tax Payments: Rich v Revenue & Customs

Date: Aug 9, 2011
Reliance on Accountants as a Reasonable Excuse for Late Income Tax Payments: Rich v Revenue & Customs Introduction Rich v Revenue & Customs ([2011] UKFTT 533 (TC)) is a landmark decision by the...
Affirmation of Contractual Pricing Rights: BT’s Termination Charges Upheld against OFCOM’s Rejection

Affirmation of Contractual Pricing Rights: BT’s Termination Charges Upheld against OFCOM’s Rejection

Date: Aug 2, 2011
Affirmation of Contractual Pricing Rights: BT’s Termination Charges Upheld against OFCOM’s Rejection Introduction The case of British Telecommunications Plc (Termination Charges: 080 calls) v. Office...
Secrets Hotels2 Ltd v. HMRC: Establishing the Principal-Agent Relationship in VAT Context

Secrets Hotels2 Ltd v. HMRC: Establishing the Principal-Agent Relationship in VAT Context

Date: Jul 30, 2011
Secrets Hotels2 Ltd v. HMRC: Establishing the Principal-Agent Relationship in VAT Context Introduction Secrets Hotels2 Ltd v. HMRC ([2011] STI 2496) is a pivotal case decided by the Upper Tribunal...
Upper Tribunal Upholds Article 48 on Invalidity Benefits Coordination in ML v. SSWP

Upper Tribunal Upholds Article 48 on Invalidity Benefits Coordination in ML v. SSWP

Date: Jul 30, 2011
Upper Tribunal Upholds Article 48 on Invalidity Benefits Coordination in ML v. SSWP Introduction The case of ML v. SSWP ([2012] AACR 27) adjudicated by the Upper Tribunal's Administrative Appeals...
Upper Tribunal Clarifies Automatic Entitlement to Work-Related Activity Component in New ESA Claims

Upper Tribunal Clarifies Automatic Entitlement to Work-Related Activity Component in New ESA Claims

Date: Jul 29, 2011
Upper Tribunal Clarifies Automatic Entitlement to Work-Related Activity Component in New ESA Claims Introduction The case of Secretary of State for Work and Pensions v. PT (ESA) ([2012] AACR 17)...
Composite Transactions and Allowable Loss under TCGA 1992: Howard Schofield v HMRC

Composite Transactions and Allowable Loss under TCGA 1992: Howard Schofield v HMRC

Date: Jul 28, 2011
Composite Transactions and Allowable Loss under TCGA 1992: Howard Schofield v HMRC Introduction Howard Schofield v. HMRC ([2011] UKUT 306 (TCC)) is a pivotal case in the realm of Capital Gains Tax...
Affirming Contractual Priorities Under the Anti-Deprivation and Pari Passu Principles

Affirming Contractual Priorities Under the Anti-Deprivation and Pari Passu Principles

Date: Jul 28, 2011
Affirming Contractual Priorities Under the Anti-Deprivation and Pari Passu Principles Introduction Belmont Park Investments PTY Ltd v. BNY Corporate Trustee Services Ltd & Anor ([2012] 1 AC 383) is a...
Clarifying Money Purchase Schemes: The Supreme Court Decision in Houldsworth & Anor v Bridge Trustees Ltd & Anor

Clarifying Money Purchase Schemes: The Supreme Court Decision in Houldsworth & Anor v Bridge Trustees Ltd & Anor

Date: Jul 28, 2011
Clarifying Money Purchase Schemes: The Supreme Court Decision in Houldsworth & Anor v Bridge Trustees Ltd & Anor Introduction The Supreme Court case of Houldsworth & Anor v. Bridge Trustees Ltd &...
Jivraj v Hashwani: Exempting Arbitrators from Employment Equality Regulations Based on Religion

Jivraj v Hashwani: Exempting Arbitrators from Employment Equality Regulations Based on Religion

Date: Jul 28, 2011
Jivraj v Hashwani: Exempting Arbitrators from Employment Equality Regulations Based on Religion Introduction The case Jivraj v Hashwani ([2011] Bus LR 1182) addressed a pivotal issue within the...
Autoclenz Ltd v Belcher: Establishing Worker Status Beyond Contractual Terminology

Autoclenz Ltd v Belcher: Establishing Worker Status Beyond Contractual Terminology

Date: Jul 28, 2011
Autoclenz Ltd v Belcher: Establishing Worker Status Beyond Contractual Terminology Introduction Autoclenz Ltd v Belcher & Ors ([2011] IRLR 820) is a landmark case decided by the United Kingdom...
Lucasfilm Ltd v Ainsworth: Justiciability of Infringement of Foreign Copyrights

Lucasfilm Ltd v Ainsworth: Justiciability of Infringement of Foreign Copyrights

Date: Jul 28, 2011
Lucasfilm Ltd v Ainsworth: Justiciability of Infringement of Foreign Copyrights Introduction The case of Lucasfilm Ltd & Ors v. Ainsworth & Anor ([2011] 3 WLR 487) was adjudicated in the United...
Clarke v. Secretary of State [2011] UKFTT 458: Framework for Removing Individuals from Protection of Children Act List

Clarke v. Secretary of State [2011] UKFTT 458: Framework for Removing Individuals from Protection of Children Act List

Date: Jul 26, 2011
Clarke v. Secretary of State [2011] UKFTT 458: Framework for Removing Individuals from Protection of Children Act List Introduction Clarke v. Secretary of State is a landmark judgment delivered by...
E-A (Article 8 - best interests of child) Nigeria [2011]: A Landmark Judgment on Article 8 in UK Immigration Law

E-A (Article 8 - best interests of child) Nigeria [2011]: A Landmark Judgment on Article 8 in UK Immigration Law

Date: Jul 23, 2011
E-A (Article 8 - best interests of child) Nigeria [2011]: A Landmark Judgment on Article 8 in UK Immigration Law Introduction The case of E-A (Article 8 - best interests of child) Nigeria [2011] UKUT...
Mandatory Application of Section 72 Presumptions in Refugee Deportation: Mugwagwa Judgment

Mandatory Application of Section 72 Presumptions in Refugee Deportation: Mugwagwa Judgment

Date: Jul 21, 2011
Mandatory Application of Section 72 Presumptions in Refugee Deportation: Mugwagwa Judgment Introduction The case of OBRIEL TAMUKA MUGWAGWA versus The Secretary of State for the Home Department...
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