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  • Commentaries

United Kingdom Case Commentaries

Defining 'Information Held by a Public Authority' under FOIA in Dransfield v. IC & Devon County Council

Defining 'Information Held by a Public Authority' under FOIA in Dransfield v. IC & Devon County Council

Date: Mar 31, 2011
Defining 'Information Held by a Public Authority' under FOIA in Dransfield v. IC & Devon County Council Introduction The case of Dransfield v. IC & Devon County Council ([2011] UKFTT EA_2010_0152...
Duncombe & Ors v Secretary of State: Supreme Court's Comprehensive Analysis on Fixed-term Employment and Unfair Dismissal Protections

Duncombe & Ors v Secretary of State: Supreme Court's Comprehensive Analysis on Fixed-term Employment and Unfair Dismissal Protections

Date: Mar 31, 2011
Duncombe & Ors v Secretary of State: Supreme Court's Comprehensive Analysis on Fixed-term Employment and Unfair Dismissal Protections Introduction Duncombe & Ors v Secretary of State for Children,...
UK Supreme Court Abolishes Expert Witness Immunity From Negligence Claims - Commentary

UK Supreme Court Abolishes Expert Witness Immunity From Negligence Claims - Commentary

Date: Mar 30, 2011
UK Supreme Court Abolishes Expert Witness Immunity From Negligence Claims Introduction In the landmark case of Jones v. Kaney (135 Con LR 1), adjudicated by the United Kingdom Supreme Court on March...
Warren & Ors v. Attorney General of Jersey: Upholding Judicial Integrity in the Face of Prosecutorial Misconduct

Warren & Ors v. Attorney General of Jersey: Upholding Judicial Integrity in the Face of Prosecutorial Misconduct

Date: Mar 29, 2011
Warren & Ors v. Attorney General of Jersey: Upholding Judicial Integrity in the Face of Prosecutorial Misconduct Introduction The case of Warren & Ors v. Attorney General of the Bailiwick of Jersey...
Establishing Unrestricted Appeal Rights: CHH v Secretary of State for the Home Department [2011] UKUT 121 (IAC)

Establishing Unrestricted Appeal Rights: CHH v Secretary of State for the Home Department [2011] UKUT 121 (IAC)

Date: Mar 29, 2011
Establishing Unrestricted Appeal Rights: CHH v Secretary of State for the Home Department [2011] UKUT 121 (IAC) Introduction The case of CHH versus the Secretary of State for the Home Department is a...
Establishing Excise Duty Liability: SDM European Transport Ltd v. Revenue & Customs ([2011] UKFTT 211 (TC))

Establishing Excise Duty Liability: SDM European Transport Ltd v. Revenue & Customs ([2011] UKFTT 211 (TC))

Date: Mar 29, 2011
Establishing Excise Duty Liability: SDM European Transport Ltd v. Revenue & Customs ([2011] UKFTT 211 (TC)) Introduction The case of SDM European Transport Ltd v. Revenue & Customs ([2011] UKFTT 211...
Recognition of Article 8 Rights in Overage Dependant Gurkha Cases: KG Nepal [2011]

Recognition of Article 8 Rights in Overage Dependant Gurkha Cases: KG Nepal [2011]

Date: Mar 29, 2011
Recognition of Article 8 Rights in Overage Dependant Gurkha Cases: KG Nepal [2011] Introduction The case of KG (Gurkhas; overage dependants; policy) Nepal ([2011] UKUT 117 (IAC)) presents a pivotal...
Establishing Limits on Suspension of Penalties for Careless Inaccuracies Under Schedule 24 Finance Act 2007

Establishing Limits on Suspension of Penalties for Careless Inaccuracies Under Schedule 24 Finance Act 2007

Date: Mar 26, 2011
Establishing Limits on Suspension of Penalties for Careless Inaccuracies Under Schedule 24 Finance Act 2007 Introduction The case of Fane v. Revenue & Customs ([2011] UKFTT 210 (TC)) addresses...
HMRC's Discretion in Cancelling Gross Payment Status: Analysis of Scofield v. Revenue & Customs

HMRC's Discretion in Cancelling Gross Payment Status: Analysis of Scofield v. Revenue & Customs

Date: Mar 25, 2011
HMRC's Discretion in Cancelling Gross Payment Status: Analysis of Scofield v. Revenue & Customs Introduction Scofield v. Revenue & Customs ([2011] UKFTT 199 (TC)) is a pivotal case in the realm of...
Reassessment of Penalty Calculation Methods in Bid Rigging Cases: Insights from GF Tomlinson v OFT ([2011] CAT 7)

Reassessment of Penalty Calculation Methods in Bid Rigging Cases: Insights from GF Tomlinson v OFT ([2011] CAT 7)

Date: Mar 25, 2011
Reassessment of Penalty Calculation Methods in Bid Rigging Cases: Insights from GF Tomlinson v OFT ([2011] CAT 7) Introduction The case of GF Tomlinson Building Ltd and others v Office of Fair...
Reed Employment Ltd v. Revenue & Customs: Precedent on VAT Classification of Introductory vs. Staff Supplies

Reed Employment Ltd v. Revenue & Customs: Precedent on VAT Classification of Introductory vs. Staff Supplies

Date: Mar 25, 2011
Reed Employment Ltd v. Revenue & Customs: Precedent on VAT Classification of Introductory vs. Staff Supplies Introduction The case of Reed Employment Ltd v. Revenue & Customs ([2011] UKFTT 200 (TC))...
Ensuring Common Law Fairness in Immigration Decisions: Analysis of Thakur v Secretary of State for the Home Department

Ensuring Common Law Fairness in Immigration Decisions: Analysis of Thakur v Secretary of State for the Home Department

Date: Mar 24, 2011
Ensuring Common Law Fairness in Immigration Decisions: Analysis of Thakur v Secretary of State for the Home Department Introduction The case of Thakur v Secretary of State for the Home Department...
Lumba v. Secretary of State for the Home Department: Implications for the Tort of False Imprisonment and Immigration Detention Policies

Lumba v. Secretary of State for the Home Department: Implications for the Tort of False Imprisonment and Immigration Detention Policies

Date: Mar 24, 2011
Lumba v. Secretary of State for the Home Department: Implications for the Tort of False Imprisonment and Immigration Detention Policies Introduction Lumba (WL) v. Secretary of State for the Home...
Upper Tribunal Clarifies Jurisdictional Limits in FOIA Appeals: OFCOM v. Morrissey

Upper Tribunal Clarifies Jurisdictional Limits in FOIA Appeals: OFCOM v. Morrissey

Date: Mar 23, 2011
Upper Tribunal Clarifies Jurisdictional Limits in FOIA Appeals: OFCOM v. Morrissey Introduction The case OFCOM v. Morrissey & Information Commissioner ([2011] UKUT 116 (AAC)) represents a pivotal...
Establishing Decisive Influence: Durkan Holdings Ltd v Office of Fair Trading [2011] CAT 6

Establishing Decisive Influence: Durkan Holdings Ltd v Office of Fair Trading [2011] CAT 6

Date: Mar 23, 2011
Establishing Decisive Influence: Durkan Holdings Ltd v Office of Fair Trading [2011] CAT 6 Introduction The case of Durkan Holdings Ltd (2) Durkan Ltd (3) Concentra Ltd (formerly Durkan Pudelek Ltd)...
Clarifying Cost Orientation Requirements for Dominant Telecom Providers: British Telecommunications Plc v. OFCOM ([2011] CAT 5)

Clarifying Cost Orientation Requirements for Dominant Telecom Providers: British Telecommunications Plc v. OFCOM ([2011] CAT 5)

Date: Mar 23, 2011
Clarifying Cost Orientation Requirements for Dominant Telecom Providers: British Telecommunications Plc v. OFCOM ([2011] CAT 5) Introduction The case of British Telecommunications Plc v. Office of...
Exclusion of Non-Named Entities from Competition Tribunal Damages Claims: Emerson Electric Co v. Morgan Crucible ([2011] Comp AR 90)

Exclusion of Non-Named Entities from Competition Tribunal Damages Claims: Emerson Electric Co v. Morgan Crucible ([2011] Comp AR 90)

Date: Mar 22, 2011
Exclusion of Non-Named Entities from Competition Tribunal Damages Claims: Emerson Electric Co v. Morgan Crucible ([2011] Comp AR 90) Introduction The case of Emerson Electric Co and others v. Morgan...
Disciplinary Procedure Compliance in Unfair Dismissal: Ezsias v. North Glamorgan NHS Trust [2011] UKEAT 0399

Disciplinary Procedure Compliance in Unfair Dismissal: Ezsias v. North Glamorgan NHS Trust [2011] UKEAT 0399

Date: Mar 19, 2011
Disciplinary Procedure Compliance in Unfair Dismissal: Ezsias v. North Glamorgan NHS Trust [2011] UKEAT 0399 Introduction The case of Ezsias v. North Glamorgan NHS Trust ([2011] UKEAT 0399) revolves...
Enhancing Tribunal Directions in Immigration Appeals: Analysis of SP South Africa [2011] UKUT 188 (IAC)

Enhancing Tribunal Directions in Immigration Appeals: Analysis of SP South Africa [2011] UKUT 188 (IAC)

Date: Mar 18, 2011
Enhancing Tribunal Directions in Immigration Appeals: Analysis of SP South Africa [2011] UKUT 188 (IAC) Introduction The case SP (allowed appeal directions) South Africa [2011] UKUT 188 (IAC) was...
Negligence in Tax Return Filing: A Comprehensive Analysis of Wald v. Revenue & Customs [2011] UKFTT 183 (TC)

Negligence in Tax Return Filing: A Comprehensive Analysis of Wald v. Revenue & Customs [2011] UKFTT 183 (TC)

Date: Mar 18, 2011
Negligence in Tax Return Filing: A Comprehensive Analysis of Wald v. Revenue & Customs [2011] UKFTT 183 (TC) 1. Introduction The case of Wald v. Revenue & Customs [2011] UKFTT 183 (TC) presents a...
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