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  • Commentaries

United Kingdom Case Commentaries

Oceanbulk Shipping v TMT Asia: Establishing the Interpretation Exception to the Without Prejudice Rule

Oceanbulk Shipping v TMT Asia: Establishing the Interpretation Exception to the Without Prejudice Rule

Date: Oct 28, 2010
Oceanbulk Shipping v TMT Asia: Establishing the Interpretation Exception to the Without Prejudice Rule Introduction The landmark case of Oceanbulk Shipping & Trading SA v. TMT Asia Ltd & Ors ([2010]...
Cadder v. Her Majesty's Advocate: A New Precedent on Legal Counsel Access in Scotland

Cadder v. Her Majesty's Advocate: A New Precedent on Legal Counsel Access in Scotland

Date: Oct 27, 2010
Cadder v. Her Majesty's Advocate: A New Precedent on Legal Counsel Access in Scotland Introduction Cadder v. Her Majesty's Advocate ([2010] UKSC 26) is a landmark judgment by the United Kingdom...
Classification of Fruit Smoothies as Beverages for VAT Purposes: Innocent Ltd v. Revenue & Customs [2011] SFTD 111

Classification of Fruit Smoothies as Beverages for VAT Purposes: Innocent Ltd v. Revenue & Customs [2011] SFTD 111

Date: Oct 26, 2010
Classification of Fruit Smoothies as Beverages for VAT Purposes: Innocent Ltd v. Revenue & Customs [2011] SFTD 111 Introduction The case of Innocent Ltd v. Revenue & Customs ([2011] SFTD 111) delves...
Establishing Reasonable Selection Pools in Redundancy: Fulcrum Pharma v Bonassera & Anor

Establishing Reasonable Selection Pools in Redundancy: Fulcrum Pharma v Bonassera & Anor

Date: Oct 23, 2010
Establishing Reasonable Selection Pools in Redundancy: Fulcrum Pharma (Europe) Ltd v Bonassera & Anor ([2010] UKEAT 0198_10_2210) Introduction The case of Fulcrum Pharma (Europe) Ltd v Bonassera &...
Impact of Retrospective Planning Permission on VAT Refund Claims: Watson v. Revenue & Customs [2010]

Impact of Retrospective Planning Permission on VAT Refund Claims: Watson v. Revenue & Customs [2010]

Date: Oct 23, 2010
Impact of Retrospective Planning Permission on VAT Refund Claims: Watson v. Revenue & Customs [2010] Introduction The case of Watson v. Revenue & Customs ([2010] UKFTT 526 (TC)) revolves around Mr....
Upper Tribunal Corrects Procedural Error in Decision Notice: Implications from Secretary of State for Work and Pensions v. SS (DLA) [2010]

Upper Tribunal Corrects Procedural Error in Decision Notice: Implications from Secretary of State for Work and Pensions v. SS (DLA) [2010]

Date: Oct 23, 2010
Upper Tribunal Corrects Procedural Error in Decision Notice: Implications from Secretary of State for Work and Pensions v. SS (DLA) [2010] Introduction The case of Secretary of State for Work and...
Essential Ingredients of a Written Decision in Operator Licence Revocation: Analysis of Taylor Re Upper Tribunal [2010] UKUT 397 (AAC)

Essential Ingredients of a Written Decision in Operator Licence Revocation: Analysis of Taylor Re Upper Tribunal [2010] UKUT 397 (AAC)

Date: Oct 23, 2010
Essential Ingredients of a Written Decision in Operator Licence Revocation: Analysis of Taylor Re Upper Tribunal [2010] UKUT 397 (AAC) Introduction The case of Taylor Re [2010] UKUT 397 (AAC)...
Work-Related Absences and Continuous Residence under Paragraph 134: BD v Secretary of State [2010] UKUT 418 (IAC)

Work-Related Absences and Continuous Residence under Paragraph 134: BD v Secretary of State [2010] UKUT 418 (IAC)

Date: Oct 22, 2010
Work-Related Absences and Continuous Residence under Paragraph 134: BD v Secretary of State [2010] UKUT 418 (IAC) Introduction The case BD (work permit - continuous period) Nigeria [2010] UKUT 418...
Radmacher v Granatino: Upholding the Validity of Nuptial Agreements in UK Family Law

Radmacher v Granatino: Upholding the Validity of Nuptial Agreements in UK Family Law

Date: Oct 21, 2010
Radmacher v Granatino: Upholding the Validity of Nuptial Agreements in UK Family Law Introduction Radmacher v Granatino (Rev 4) ([2011] 1 AC 534) is a landmark decision by the United Kingdom Supreme...
Requirement to Identify Decision-Maker in Preliminary Tribunal Decisions: NA v Secretary of State for the Home Department [2010] UKUT 444 (IAC)

Requirement to Identify Decision-Maker in Preliminary Tribunal Decisions: NA v Secretary of State for the Home Department [2010] UKUT 444 (IAC)

Date: Oct 21, 2010
Requirement to Identify Decision-Maker in Preliminary Tribunal Decisions: NA v Secretary of State for the Home Department [2010] UKUT 444 (IAC) Introduction The case NA (Excluded decision;...
Defining 'Imminent Risk of Serious Harm' in Housing Remedial Actions: Bolton Metropolitan Borough Council v. Patel [2010]

Defining 'Imminent Risk of Serious Harm' in Housing Remedial Actions: Bolton Metropolitan Borough Council v. Patel [2010]

Date: Oct 20, 2010
Defining 'Imminent Risk of Serious Harm' in Housing Remedial Actions: Bolton Metropolitan Borough Council v. Patel [2010] Introduction The case of Bolton Metropolitan Borough Council v. Patel ([2010]...
MT v. Secretary of State for Work and Pensions: Ensuring Fair Hearings and Proper Application of Diminishing Capital in Overpayment Claims

MT v. Secretary of State for Work and Pensions: Ensuring Fair Hearings and Proper Application of Diminishing Capital in Overpayment Claims

Date: Oct 19, 2010
MT v. Secretary of State for Work and Pensions: Ensuring Fair Hearings and Proper Application of Diminishing Capital in Overpayment Claims Introduction The case of MT v. Secretary of State for Work...
Reasonableness of Service Charges: Regent Management Ltd v. Jones ([2010] UKUT 369 (LC))

Reasonableness of Service Charges: Regent Management Ltd v. Jones ([2010] UKUT 369 (LC))

Date: Oct 16, 2010
Reasonableness of Service Charges: Regent Management Ltd v. Jones ([2010] UKUT 369 (LC)) Introduction In the case of Regent Management Ltd v. Jones ([2010] UKUT 369 (LC)), the Upper Tribunal (Lands...
Upper Tribunal Consolidates Strict Standards for Medical Asylum Claims: RS & Ors [2010] UKUT 363 (IAC)

Upper Tribunal Consolidates Strict Standards for Medical Asylum Claims: RS & Ors [2010] UKUT 363 (IAC)

Date: Oct 15, 2010
Upper Tribunal Consolidates Strict Standards for Medical Asylum Claims: RS & Ors [2010] UKUT 363 (IAC) Introduction The Upper Tribunal (Immigration and Asylum Chamber) delivered a noteworthy judgment...
Gisda Cyf v. Barratt: Setting Precedent on the Definition of Effective Termination Date in Unfair Dismissal Law

Gisda Cyf v. Barratt: Setting Precedent on the Definition of Effective Termination Date in Unfair Dismissal Law

Date: Oct 14, 2010
Gisda Cyf v. Barratt: Setting Precedent on the Definition of Effective Termination Date in Unfair Dismissal Law Introduction The case of Gisda Cyf v. Barratt ([2010] 4 All ER 851) is a landmark...
Pinewood Repro Ltd v. Page: Establishing the Necessity of Transparent Redundancy Scoring Systems

Pinewood Repro Ltd v. Page: Establishing the Necessity of Transparent Redundancy Scoring Systems

Date: Oct 14, 2010
Pinewood Repro Ltd v. Page: Establishing the Necessity of Transparent Redundancy Scoring Systems Introduction Pinewood Repro Ltd (t/a County Print) v. Page ([2011] ICR 508) is a pivotal case...
Capital Air Services Ltd v. HMRC: Establishing the Criteria for Complex Case Categorization in VAT Registration Appeals

Capital Air Services Ltd v. HMRC: Establishing the Criteria for Complex Case Categorization in VAT Registration Appeals

Date: Oct 13, 2010
Capital Air Services Ltd v. HMRC: Establishing the Criteria for Complex Case Categorization in VAT Registration Appeals Introduction Capital Air Services Ltd v. HMRC ([2010] UKUT 373 (TCC)) is a...
Special Dividend Treatment as Trust Income Confirmed in Bessie Taube Case

Special Dividend Treatment as Trust Income Confirmed in Bessie Taube Case

Date: Oct 8, 2010
Special Dividend Treatment as Trust Income Confirmed in Bessie Taube Case Introduction The case of Trustees of the Bessie Taube Discretionary Settlement Trust v. Revenue & Customs (Rev 1) ([2011]...
Strict Time Limits and Compliance with Regulation 37 in VAT Repayment Claims: The Nathaniel & Co Solicitors v. HMRC Case

Strict Time Limits and Compliance with Regulation 37 in VAT Repayment Claims: The Nathaniel & Co Solicitors v. HMRC Case

Date: Oct 7, 2010
Strict Time Limits and Compliance with Regulation 37 in VAT Repayment Claims: The Nathaniel & Co Solicitors v. HMRC Case Introduction The case of Nathaniel & Co Solicitors v. Revenue & Customs...
Establishing the Validity of Floor Area-Based Partial Exemption Methods in VAT Allocation: Insights from HMRC v. London Clubs Management Limited

Establishing the Validity of Floor Area-Based Partial Exemption Methods in VAT Allocation: Insights from HMRC v. London Clubs Management Limited

Date: Oct 6, 2010
Establishing the Validity of Floor Area-Based Partial Exemption Methods in VAT Allocation: Insights from HMRC v. London Clubs Management Limited ([2010] STC 2789) Introduction The case of HMRC v....
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