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  • Commentaries

United Kingdom Case Commentaries

Mutuality of Obligation Essential for 'Worker' Status: Community Dental Centres Ltd v Sultan-Darmon

Mutuality of Obligation Essential for 'Worker' Status: Community Dental Centres Ltd v Sultan-Darmon

Date: Aug 13, 2010
Mutuality of Obligation Essential for 'Worker' Status: Community Dental Centres Ltd v Sultan-Darmon Introduction The case of Community Dental Centres Ltd v. Sultan-Darmon ([2010] IRLT 1024) addresses...
RA v. Secretary of State for Work and Pensions (ESA) [2010]: Clarifying the Assessment of Alcohol Dependence and Consciousness in ESA Claims

RA v. Secretary of State for Work and Pensions (ESA) [2010]: Clarifying the Assessment of Alcohol Dependence and Consciousness in ESA Claims

Date: Aug 13, 2010
RA v. Secretary of State for Work and Pensions (ESA) [2010]: Clarifying the Assessment of Alcohol Dependence and Consciousness in ESA Claims Introduction RA v. Secretary of State for Work and...
Prioritizing Children's Welfare and Family Unity under Article 8: Analyzing LD Zimbabwe [2010] UKUT 278 (IAC)

Prioritizing Children's Welfare and Family Unity under Article 8: Analyzing LD Zimbabwe [2010] UKUT 278 (IAC)

Date: Aug 11, 2010
Prioritizing Children's Welfare and Family Unity under Article 8: Analyzing LD Zimbabwe [2010] UKUT 278 (IAC) Introduction LD Zimbabwe [2010] UKUT 278 (IAC) is a pivotal case adjudicated by the Upper...
Legislative Supremacy in Automatic Deportation Orders: The MK v Secretary of State Decision

Legislative Supremacy in Automatic Deportation Orders: The MK v Secretary of State Decision

Date: Aug 11, 2010
Legislative Supremacy in Automatic Deportation Orders: The MK v Secretary of State Decision Introduction The case of MK (deportation foreign criminal public interest) Gambia ([2010] UKUT 281 (IAC))...
PS (working holidaymaker maintenance assessment) India: Lonely Planet Guide Recognized as Appropriate Benchmark

PS (working holidaymaker maintenance assessment) India: Lonely Planet Guide Recognized as Appropriate Benchmark

Date: Aug 11, 2010
PS (working holidaymaker maintenance assessment) India: Lonely Planet Guide Recognized as Appropriate Benchmark Introduction The case of PS (working holidaymaker maintenance assessment) India [2010]...
Proper Consideration of Psychiatric Evidence in Asylum Credibility Determinations: BN (Albania) [2010] UKUT 279 (IAC)

Proper Consideration of Psychiatric Evidence in Asylum Credibility Determinations: BN (Albania) [2010] UKUT 279 (IAC)

Date: Aug 11, 2010
Proper Consideration of Psychiatric Evidence in Asylum Credibility Determinations: BN (Albania) [2010] UKUT 279 (IAC) Introduction The case of BN (psychiatric evidence discrepancies) Albania [2010]...
M (Chen parents: source of rights) Ivory Coast – Comprehensive Legal Commentary

M (Chen parents: source of rights) Ivory Coast – Comprehensive Legal Commentary

Date: Aug 11, 2010
M (Chen parents: source of rights) Ivory Coast – Establishing Derivative EU Free Movement Rights for Non-EEA Primary Carers Introduction The case M (Chen parents: source of rights) Ivory Coast [2010]...
Burden of Proof and Application of Paragraph 320(11) in Immigration Clearance Decisions

Burden of Proof and Application of Paragraph 320(11) in Immigration Clearance Decisions

Date: Aug 11, 2010
Burden of Proof and Application of Paragraph 320(11) in Immigration Clearance Decisions Introduction The case of SD (paragraph 320(11): forgery) India ([2010] UKUT 276 (IAC)) presents a significant...
Post-Flight Spouses and Immigration Rule Interpretation: Insights from FH (Post-flight spouses) Iran [2011] Imm AR 29

Post-Flight Spouses and Immigration Rule Interpretation: Insights from FH (Post-flight spouses) Iran [2011] Imm AR 29

Date: Aug 11, 2010
Post-Flight Spouses and Immigration Rule Interpretation: Insights from FH (Post-flight spouses) Iran [2011] Imm AR 29 Introduction The case of FH (Post-flight spouses) Iran [2011] Imm AR 29 addresses...
Respect for Family and Private Life in Deportation Cases: Exception under Section 33(2)(a) - Upper Tribunal's Decision in RG v Nepal

Respect for Family and Private Life in Deportation Cases: Exception under Section 33(2)(a) - Upper Tribunal's Decision in RG v Nepal

Date: Aug 11, 2010
Respect for Family and Private Life in Deportation Cases: Exception under Section 33(2)(a) - Upper Tribunal's Decision in RG v Nepal Introduction The case of RG (Automatic Deport Section 33(2)(a)...
Establishing Knowledge of Fraud in MTIC Transactions: A Comprehensive Analysis of Mobile Export 365 Ltd & Shelford (IT) Ltd v. Revenue & Customs

Establishing Knowledge of Fraud in MTIC Transactions: A Comprehensive Analysis of Mobile Export 365 Ltd & Shelford (IT) Ltd v. Revenue & Customs

Date: Aug 7, 2010
Establishing Knowledge of Fraud in MTIC Transactions: A Comprehensive Analysis of Mobile Export 365 Ltd & Shelford (IT) Ltd v. Revenue & Customs Introduction The case of Mobile Export 365 Ltd and...
Strict Adherence to Appeal Deadlines: Insights from Data Select Ltd v. Revenue & Customs

Strict Adherence to Appeal Deadlines: Insights from Data Select Ltd v. Revenue & Customs

Date: Aug 6, 2010
Strict Adherence to Appeal Deadlines: Insights from Data Select Ltd v. Revenue & Customs Introduction Data Select Ltd v. Revenue & Customs ([2011] UKFTT 535 (TC)) is a pivotal case adjudicated by the...
KD (Inattentive Judges) Afghanistan [2010]: Upholding Fair Hearing Standards in Immigration Law

KD (Inattentive Judges) Afghanistan [2010]: Upholding Fair Hearing Standards in Immigration Law

Date: Jul 31, 2010
KD (Inattentive Judges) Afghanistan [2010]: Upholding Fair Hearing Standards in Immigration Law Introduction The case of KD (Inattentive Judges) Afghanistan [2010] UKUT 261 (IAC) addresses critical...
Settlement Agreements Under Economic Duress: The Precedent Set by Borrelli & Ors v. Ting & Ors (Bermuda)

Settlement Agreements Under Economic Duress: The Precedent Set by Borrelli & Ors v. Ting & Ors (Bermuda)

Date: Jul 30, 2010
Settlement Agreements Under Economic Duress: The Precedent Set by Borrelli & Ors v. Ting & Ors (Bermuda) Introduction Borrelli & Ors v. Ting & Ors (Bermuda) ([2010] Bus LR 1718) is a landmark case...
Clarifying the Discretion in Forfeiture of Political Donations: Electoral Commission v. City of Westminster Magistrates Court [2010] UKSC 40

Clarifying the Discretion in Forfeiture of Political Donations: Electoral Commission v. City of Westminster Magistrates Court [2010] UKSC 40

Date: Jul 30, 2010
Clarifying the Discretion in Forfeiture of Political Donations: Electoral Commission v. City of Westminster Magistrates Court [2010] UKSC 40 Introduction The case of The Electoral Commission, R (on...
James v The Attorney General: Reinforcing Damage Requirements in Constitutional Redress

James v The Attorney General: Reinforcing Damage Requirements in Constitutional Redress

Date: Jul 30, 2010
James v The Attorney General: Reinforcing Damage Requirements in Constitutional Redress Introduction James v The Attorney General of Trinidad and Tobago ([2010] UKPC 23) is a pivotal case adjudicated...
Reception Directive Applies to Subsequent Asylum Applications: ZO (Somalia) v. Secretary of State for the Home Department

Reception Directive Applies to Subsequent Asylum Applications: ZO (Somalia) v. Secretary of State for the Home Department

Date: Jul 29, 2010
Reception Directive Applies to Subsequent Asylum Applications: ZO (Somalia) & Ors v. Secretary of State for the Home Department ([2010] 1 WLR 1948) Introduction The case of ZO (Somalia) & Ors v....
FSA's Authority to Prosecute Money Laundering Under POCA: Supreme Court Clarifies Jurisdiction

FSA's Authority to Prosecute Money Laundering Under POCA: Supreme Court Clarifies Jurisdiction

Date: Jul 29, 2010
FSA's Authority to Prosecute Money Laundering Under POCA: Supreme Court Clarifies Jurisdiction Introduction The case of R v Rollins [2011] 1 Cr App R 4 presented a pivotal question regarding the...
Judicial Status under EU Anti-Discrimination Law: Insights from O'Brien v. Ministry of Justice

Judicial Status under EU Anti-Discrimination Law: Insights from O'Brien v. Ministry of Justice

Date: Jul 29, 2010
Judicial Status under EU Anti-Discrimination Law: Insights from O'Brien v. Ministry of Justice Introduction The case of O'Brien v. Ministry of Justice ([2010] 4 All ER 62) addresses critical issues...
Private Right of Action in Statutory Regulatory Breach: Clarification from Morrison Sports Ltd & Ors v. Scottish Power

Private Right of Action in Statutory Regulatory Breach: Clarification from Morrison Sports Ltd & Ors v. Scottish Power

Date: Jul 29, 2010
Private Right of Action in Statutory Regulatory Breach: Clarification from Morrison Sports Ltd & Ors v. Scottish Power Introduction The case of Morrison Sports Ltd & Ors v. Scottish Power ([2010] 1...
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