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  • Commentaries

United Kingdom Case Commentaries

Imprisonment for Public Protection Alongside Life Sentences: Insights from Smith v UKSC 37

Imprisonment for Public Protection Alongside Life Sentences: Insights from Smith v UKSC 37

Date: Jul 21, 2011
Imprisonment for Public Protection Alongside Life Sentences: Insights from Smith v UKSC 37 Introduction The case of Smith, R v ([2011] UKSC 37) addresses a critical issue within the UK's criminal...
Affirming the Right of Appeal to the Upper Tribunal on Jurisdictional Determinations

Affirming the Right of Appeal to the Upper Tribunal on Jurisdictional Determinations

Date: Jul 21, 2011
Affirming the Right of Appeal to the Upper Tribunal on Jurisdictional Determinations Introduction The case of Abiyat and others (rights of appeal) Iran ([2011] UKUT 314 (IAC)) represents a pivotal...
Maxwell v R [2011]: Integrity of the Criminal Justice System and Retrial Discretion

Maxwell v R [2011]: Integrity of the Criminal Justice System and Retrial Discretion

Date: Jul 21, 2011
Maxwell v R [2011]: Integrity of the Criminal Justice System and Retrial Discretion Introduction Maxwell v R ([2011] 2 Cr App Rep 31) is a landmark judgment delivered by the United Kingdom Supreme...
Owolabi Case: Ensuring Legislative Compliance in Tier 2 Immigration Decisions

Owolabi Case: Ensuring Legislative Compliance in Tier 2 Immigration Decisions

Date: Jul 19, 2011
Owolabi Case: Ensuring Legislative Compliance in Tier 2 Immigration Decisions Introduction The judgment in Owolabi (Tier 2 - Skilled Occupations) Nigeria [2011] UKUT 313 (IAC) represents a...
Upper Tribunal Upholds ISA Barring Decision in XY v. The Independent Safeguarding Authority

Upper Tribunal Upholds ISA Barring Decision in XY v. The Independent Safeguarding Authority

Date: Jul 19, 2011
Upper Tribunal Upholds ISA Barring Decision in XY v. The Independent Safeguarding Authority Introduction The case of XY v. The Independent Safeguarding Authority ([2012] AACR 13) represents a pivotal...
Extending Protection of Fixed-term Employees: Insights from Duncombe v. Secretary of State [2011] UKSC 36

Extending Protection of Fixed-term Employees: Insights from Duncombe v. Secretary of State [2011] UKSC 36

Date: Jul 16, 2011
Extending Protection of Fixed-term Employees: Insights from Duncombe v. Secretary of State [2011] UKSC 36 Introduction The case of Duncombe & Ors v. Secretary of State for Children, Schools and...
Reversing the Burden of Proof in Tax Penalty Cases: Insights from HMD Response International v. Revenue & Customs

Reversing the Burden of Proof in Tax Penalty Cases: Insights from HMD Response International v. Revenue & Customs

Date: Jul 16, 2011
Reversing the Burden of Proof in Tax Penalty Cases: Insights from HMD Response International v. Revenue & Customs Introduction The case of HMD Response International v. Revenue & Customs ([2011]...
Assessing Proportionality in VAT Default Surcharges: Insights from Total Technology Ltd v HMRC

Assessing Proportionality in VAT Default Surcharges: Insights from Total Technology Ltd v HMRC

Date: Jul 16, 2011
Assessing Proportionality in VAT Default Surcharges: Insights from Total Technology (Engineering) Ltd v HM Revenue & Customs Introduction The case of Total Technology (Engineering) Ltd v Revenue &...
Distinguishing Supersession from Suspension in Disability Living Allowance Payments: Insights from Secretary of State for Work and Pensions v. JL (DLA) ([2011] UKUT 293 (AAC))

Distinguishing Supersession from Suspension in Disability Living Allowance Payments: Insights from Secretary of State for Work and Pensions v. JL (DLA) ([2011] UKUT 293 (AAC))

Date: Jul 16, 2011
Distinguishing Supersession from Suspension in Disability Living Allowance Payments: Insights from Secretary of State for Work and Pensions v. JL (DLA) ([2011] UKUT 293 (AAC)) Introduction Secretary...
Expanding Comparator Scope in Equal Pay Claims: Sefton Metropolitan Borough Council & Anor v. Hincks & Ors

Expanding Comparator Scope in Equal Pay Claims: Sefton Metropolitan Borough Council & Anor v. Hincks & Ors

Date: Jul 15, 2011
Expanding Comparator Scope in Equal Pay Claims: Sefton Metropolitan Borough Council & Anor v. Hincks & Ors Introduction The case of Sefton Metropolitan Borough Council & Anor v. Hincks & Ors ([2011]...
No Right of Appeal to Tribunal for Determinations under Section 28C TMA: Bartram v. Revenue & Customs [2011] UKFTT 471 (TC)

No Right of Appeal to Tribunal for Determinations under Section 28C TMA: Bartram v. Revenue & Customs [2011] UKFTT 471 (TC)

Date: Jul 15, 2011
No Right of Appeal to Tribunal for Determinations under Section 28C TMA Introduction The case of Bartram v. Revenue & Customs ([2011] UKFTT 471 (TC)) addresses the critical issue of whether taxpayers...
Reaffirming Economic Activity for VAT Registration: Insights from Gardner & Co v. HMRC [2011] UKFTT 470 (TC)

Reaffirming Economic Activity for VAT Registration: Insights from Gardner & Co v. HMRC [2011] UKFTT 470 (TC)

Date: Jul 14, 2011
Reaffirming Economic Activity for VAT Registration: Insights from Gardner & Co v. HMRC [2011] UKFTT 470 (TC) 1. Introduction The case of Gardner & Co v. Revenue & Customs [2011] UKFTT 470 (TC) serves...
SA v Secretary of State: Affirming Article 8 Family Rights in Asylum Determinations

SA v Secretary of State: Affirming Article 8 Family Rights in Asylum Determinations

Date: Jul 14, 2011
SA v Secretary of State: Affirming Article 8 Family Rights in Asylum Determinations Introduction The case of SA (Divorced woman – illegitimate child) Bangladesh CG [2011] UKUT 00254 (IAC) adjudicated...
Home Office v Tariq: Balancing National Security and Fair Trial Rights in Employment Tribunal Proceedings

Home Office v Tariq: Balancing National Security and Fair Trial Rights in Employment Tribunal Proceedings

Date: Jul 14, 2011
Home Office v Tariq: Balancing National Security and Fair Trial Rights in Employment Tribunal Proceedings Introduction The case of Home Office v. Tariq ([2012] 1 All ER 58) is a landmark decision by...
Upper Tribunal Clarifies 'Worker' Status and Jobseeker Requirements for EEA Nationals in Begum v Pakistan

Upper Tribunal Clarifies 'Worker' Status and Jobseeker Requirements for EEA Nationals in Begum v Pakistan

Date: Jul 14, 2011
Upper Tribunal Clarifies 'Worker' Status and Jobseeker Requirements for EEA Nationals in Begum v Pakistan Introduction The case of Begum (EEA - worker - jobseeker) Pakistan ([2011] UKUT 00275 (IAC))...
Upper Tribunal Limits Exception 3 for Other Family Members Under UK Borders Act 2007 in Deportation Cases

Upper Tribunal Limits Exception 3 for Other Family Members Under UK Borders Act 2007 in Deportation Cases

Date: Jul 14, 2011
Upper Tribunal Limits Exception 3 for Other Family Members Under UK Borders Act 2007 in Deportation Cases Introduction The case of Rose (Automatic deportation - Exception 3) Jamaica ([2011] UKUT...
Supreme Court Confirms Closed Material Procedure Requires Parliamentary Authorization

Supreme Court Confirms Closed Material Procedure Requires Parliamentary Authorization

Date: Jul 14, 2011
Supreme Court Confirms Closed Material Procedure Requires Parliamentary Authorization Introduction Al Rawi & Ors v. The Security Service & Ors ([2011] UKSC 34) is a pivotal judgment by the United...
Precedent on Discreet Religious Practices as Persecution: MT (Ahmadi - HJ (Iran)) Pakistan [2011] UKUT 277 (IAC)

Precedent on Discreet Religious Practices as Persecution: MT (Ahmadi - HJ (Iran)) Pakistan [2011] UKUT 277 (IAC)

Date: Jul 14, 2011
Precedent on Discreet Religious Practices as Persecution: MT (Ahmadi - HJ (Iran)) Pakistan [2011] UKUT 277 (IAC) Introduction The case of MT (Ahmadi - HJ (Iran)) Pakistan [2011] UKUT 277 (IAC)...
Clarifying Discovery Assessments under Section 29 TMA 1970: Charlton & Ors v. Revenue & Customs [2011] SFTD 1160

Clarifying Discovery Assessments under Section 29 TMA 1970: Charlton & Ors v. Revenue & Customs [2011] SFTD 1160

Date: Jul 14, 2011
Clarifying Discovery Assessments under Section 29 TMA 1970: Charlton & Ors v. Revenue & Customs [2011] SFTD 1160 Introduction The case of Charlton & Ors v. Revenue & Customs ([2011] SFTD 1160) delves...
Redrow Homes v. Hothi: Implied Terms in Lease Agreements and Their Consequences

Redrow Homes v. Hothi: Implied Terms in Lease Agreements and Their Consequences

Date: Jul 8, 2011
Redrow Homes v. Hothi: Implied Terms in Lease Agreements and Their Consequences Introduction The case of Redrow Homes (Midlands) Ltd v. Hothi & Ors ([2011] UKUT 268 (LC)) addresses critical issues...
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