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  • Commentaries

United Kingdom Case Commentaries

Supreme Court Validates Broad Interpretation of 'Landed' in Fisheries Act and Upholds Internal Levy as Compliant with EU Law

Supreme Court Validates Broad Interpretation of 'Landed' in Fisheries Act and Upholds Internal Levy as Compliant with EU Law

Date: Jun 16, 2011
Supreme Court Validates Broad Interpretation of 'Landed' in Fisheries Act and Upholds Internal Levy as Compliant with EU Law Introduction The case of Bloomsbury International Ltd v. Sea Fish Industry...
Reaffirming Death Penalty Criteria and Dock Identification Standards in Tido v. The Bahamas

Reaffirming Death Penalty Criteria and Dock Identification Standards in Tido v. The Bahamas

Date: Jun 16, 2011
Reaffirming Death Penalty Criteria and Dock Identification Standards in Tido v. The Bahamas ((2011) 175 JP 539) Introduction Tido v. The Bahamas is a pivotal 2011 judgment delivered by the Privy...
Dynamic Interpretation of TUPE in Parkwood Leisure Ltd v. Alemo-Herron: A Comprehensive Analysis

Dynamic Interpretation of TUPE in Parkwood Leisure Ltd v. Alemo-Herron: A Comprehensive Analysis

Date: Jun 16, 2011
Dynamic Interpretation of TUPE in Parkwood Leisure Ltd v. Alemo-Herron: A Comprehensive Analysis Introduction The landmark case of Parkwood Leisure Ltd v. Alemo-Herron and others ([2011] IRLR 696)...
Upper Tribunal’s Jurisdiction to Assess Ultra Vires and Human Rights Compliance in Social Security Regulation: VL v. Secretary of State for Work and Pensions

Upper Tribunal’s Jurisdiction to Assess Ultra Vires and Human Rights Compliance in Social Security Regulation: VL v. Secretary of State for Work and Pensions

Date: Jun 15, 2011
Upper Tribunal’s Jurisdiction to Assess Ultra Vires and Human Rights Compliance in Social Security Regulation: VL v. Secretary of State for Work and Pensions Introduction The case of VL v. Secretary...
Edgeskill Ltd v. Revenue & Customs: Establishing New Precedent on Fraudulent VAT Evasion

Edgeskill Ltd v. Revenue & Customs: Establishing New Precedent on Fraudulent VAT Evasion

Date: Jun 15, 2011
Edgeskill Ltd v. Revenue & Customs: Establishing New Precedent on Fraudulent VAT Evasion Introduction The case of Edgeskill Ltd v. Revenue & Customs ([2011] UKFTT 393 (TC)) presents a pivotal...
Establishing Adequate Maintenance Through Savings: Jahangara Begum & Others v Secretary of State for the Home Department

Establishing Adequate Maintenance Through Savings: Jahangara Begum & Others v Secretary of State for the Home Department

Date: Jun 15, 2011
Establishing Adequate Maintenance Through Savings: Jahangara Begum & Others v Secretary of State for the Home Department Introduction The case of Jahangara Begum & others v Secretary of State for the...
Mandatory Tax and National Insurance Deductions from Self-Employed Earnings in Child Support Calculations: Upper Tribunal's Ruling in WM v CMEC

Mandatory Tax and National Insurance Deductions from Self-Employed Earnings in Child Support Calculations: Upper Tribunal's Ruling in WM v CMEC

Date: Jun 14, 2011
Mandatory Tax and National Insurance Deductions from Self-Employed Earnings in Child Support Calculations: Upper Tribunal's Ruling in WM v CMEC Introduction The case of WM v. CMEC (CSM) ([2011] UKUT...
Neulinger and Shuruk v Switzerland: Upholding Child Welfare in International Abduction Cases

Neulinger and Shuruk v Switzerland: Upholding Child Welfare in International Abduction Cases

Date: Jun 11, 2011
Neulinger and Shuruk v Switzerland: Upholding Child Welfare in International Abduction Cases Introduction The case of E (Children), Re Neulinger and Shuruk v Switzerland [2011] 2 FLR 758, adjudicated...
Phillips v Revenue & Customs: Clarifying 'Separate Use' in VAT Refunds for Self-Builds

Phillips v Revenue & Customs: Clarifying 'Separate Use' in VAT Refunds for Self-Builds

Date: Jun 8, 2011
Phillips v Revenue & Customs: Clarifying 'Separate Use' in VAT Refunds for Self-Builds Introduction The case of Phillips v Revenue & Customs ([2011] UKFTT 372 (TC)) addresses a critical...
Graham Gouldson v. HMRC: Defining Offshore Installations for Seafarers' Earnings Deductions

Graham Gouldson v. HMRC: Defining Offshore Installations for Seafarers' Earnings Deductions

Date: Jun 8, 2011
Graham Gouldson v. HMRC: Defining Offshore Installations for Seafarers' Earnings Deductions Introduction The case of Graham Gouldson v. HMRC ([2011] UKUT 238 (TCC)) addresses a pivotal issue in the...
Cvetkovs v. Visa Officer: Upholding Procedural Integrity in Immigration Appeals

Cvetkovs v. Visa Officer: Upholding Procedural Integrity in Immigration Appeals

Date: Jun 7, 2011
Cvetkovs v. Visa Officer: Upholding Procedural Integrity in Immigration Appeals Introduction The case of Cvetkovs v. Visa Officer ([2011] UKUT 212 (IAC)) is a landmark decision by the Upper Tribunal...
Fairness in Revocation of Sponsor Licences: Insights from Patel v Secretary of State for the Home Department

Fairness in Revocation of Sponsor Licences: Insights from Patel v Secretary of State for the Home Department

Date: Jun 7, 2011
Fairness in Revocation of Sponsor Licences: Insights from Patel v Secretary of State for the Home Department Introduction The case of Patel (revocation of sponsor licence - fairness) India [2011]...
Balancing Parental Preference and Public Expenditure in Special Educational Needs: Insights from CM v. London Borough of Bexley (SEN) [2011] ELR 413

Balancing Parental Preference and Public Expenditure in Special Educational Needs: Insights from CM v. London Borough of Bexley (SEN) [2011] ELR 413

Date: Jun 2, 2011
Balancing Parental Preference and Public Expenditure in Special Educational Needs: Insights from CM v. London Borough of Bexley (SEN) [2011] ELR 413 Introduction The case of CM v. London Borough of...
KP v. Secretary of State for Work and Pensions: Reassessment of ESA Descriptor Interpretation

KP v. Secretary of State for Work and Pensions: Reassessment of ESA Descriptor Interpretation

Date: Jun 2, 2011
KP v. Secretary of State for Work and Pensions: Reassessment of ESA Descriptor Interpretation Introduction The case KP v. Secretary of State for Work and Pensions (ESA) ([2012] AACR 5) was...
Reaffirmation and Refinement of Risk on Return Assessment for Eritrean Nationals: MO v Secretary of State for the Home Department [2011] UKUT 00190 (IAC)

Reaffirmation and Refinement of Risk on Return Assessment for Eritrean Nationals: MO v Secretary of State for the Home Department [2011] UKUT 00190 (IAC)

Date: May 28, 2011
Reaffirmation and Refinement of Risk on Return Assessment for Eritrean Nationals MO v Secretary of State for the Home Department [2011] UKUT 00190 (IAC) Court: Upper Tribunal, Immigration and Asylum...
Noor v. HMRC: Establishing Legitimate Expectation in Recovery of Pre-Registration VAT Input Tax

Noor v. HMRC: Establishing Legitimate Expectation in Recovery of Pre-Registration VAT Input Tax

Date: May 27, 2011
Noor v. HMRC: Establishing Legitimate Expectation in Recovery of Pre-Registration VAT Input Tax Introduction Noor v. Revenue & Customs ([2011] UKFTT 349 (TC)) is a pivotal case adjudicated by the...
Paymex Ltd v Revenue & Customs: Clarifying VAT Exemptions for Individual Voluntary Arrangements (IVAs) Under Article 135(1)(d)

Paymex Ltd v Revenue & Customs: Clarifying VAT Exemptions for Individual Voluntary Arrangements (IVAs) Under Article 135(1)(d)

Date: May 27, 2011
Paymex Ltd v Revenue & Customs: Clarifying VAT Exemptions for Individual Voluntary Arrangements (IVAs) Under Article 135(1)(d) Introduction Paymex Limited appealed against the decisions of HM Revenue...
Omotunde: Prioritizing the Best Interests of the Child in Deportation Cases

Omotunde: Prioritizing the Best Interests of the Child in Deportation Cases

Date: May 26, 2011
Omotunde: Prioritizing the Best Interests of the Child in Deportation Cases Introduction The case of Philip Olawale Omotunde v. The Secretary of State for the Home Department, decided by the Upper...
Legal Validation of Detention Practices: The Precedence of Policy Compliance in SK (Zimbabwe) v. Secretary of State for the Home Department

Legal Validation of Detention Practices: The Precedence of Policy Compliance in SK (Zimbabwe) v. Secretary of State for the Home Department

Date: May 26, 2011
Legal Validation of Detention Practices: The Precedence of Policy Compliance in SK (Zimbabwe) v. Secretary of State for the Home Department Introduction The case of SK (Zimbabwe) v. Secretary of...
Fraser v HM Advocate: Reinforcing the Duty of Disclosure and Upholding Fair Trial Standards under Article 6

Fraser v HM Advocate: Reinforcing the Duty of Disclosure and Upholding Fair Trial Standards under Article 6

Date: May 26, 2011
Fraser v HM Advocate: Reinforcing the Duty of Disclosure and Upholding Fair Trial Standards under Article 6 Introduction Fraser v Her Majesty's Advocate ([2011] UKSC 515) is a landmark judgment by...
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