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  • Commentaries

United Kingdom Case Commentaries

Subsurface Trespass and Damage Assessment: Star Energy Weald Basin Ltd v Bocardo SA ([2010] NPC 88)

Subsurface Trespass and Damage Assessment: Star Energy Weald Basin Ltd v Bocardo SA ([2010] NPC 88)

Date: Jul 29, 2010
Subsurface Trespass and Damage Assessment: Star Energy Weald Basin Ltd v Bocardo SA ([2010] NPC 88) Introduction Star Energy Weald Basin Ltd & Anor v. Bocardo SA ([2010] NPC 88) is a landmark...
Ensuring Procedural Fairness in TUPE-related Unfair Dismissal Claims: Nationwide Building Society v. Benn & Ors [2010] IRLR 922

Ensuring Procedural Fairness in TUPE-related Unfair Dismissal Claims: Nationwide Building Society v. Benn & Ors [2010] IRLR 922

Date: Jul 28, 2010
Ensuring Procedural Fairness in TUPE-related Unfair Dismissal Claims: Nationwide Building Society v. Benn & Ors [2010] IRLR 922 Introduction Nationwide Building Society v. Benn & Ors ([2010] IRLR...
Proportionality in Indirect Gender Discrimination: Shackletons Garden Centre Ltd v. Lowe

Proportionality in Indirect Gender Discrimination: Shackletons Garden Centre Ltd v. Lowe

Date: Jul 28, 2010
Proportionality in Indirect Gender Discrimination: Shackletons Garden Centre Ltd v. Lowe Introduction Shackletons Garden Centre Ltd v. Lowe ([2010] UKEAT 0161_10_2707) is a pivotal case adjudicated...
Euro Stock Shop Limited v HMRC: Establishing Knowledge in MTIC VAT Fraud

Euro Stock Shop Limited v HMRC: Establishing Knowledge in MTIC VAT Fraud

Date: Jul 24, 2010
Euro Stock Shop Limited v HMRC: Establishing Knowledge in MTIC VAT Fraud Introduction The case of Euro Stock Shop Limited (ESS) v Commissioners of Her Majesty's Revenue and Customs (HMRC), decided on...
Anwar v. Tower Hamlets College: Redefining "Substantial Adverse Effect" under the Disability Discrimination Act 1995

Anwar v. Tower Hamlets College: Redefining "Substantial Adverse Effect" under the Disability Discrimination Act 1995

Date: Jul 24, 2010
Anwar v. Tower Hamlets College: Redefining "Substantial Adverse Effect" under the Disability Discrimination Act 1995 Introduction Anwar v. Tower Hamlets College ([2010] UKEAT 0091_10_2307) is a...
Tribunal Discretion in Admitting Late Tax Appeals: Insights from Pledger v. Revenue & Customs [2010] UKFTT 342 (TC)

Tribunal Discretion in Admitting Late Tax Appeals: Insights from Pledger v. Revenue & Customs [2010] UKFTT 342 (TC)

Date: Jul 23, 2010
Tribunal Discretion in Admitting Late Tax Appeals: Insights from Pledger v. Revenue & Customs [2010] UKFTT 342 (TC) Introduction The case of Pledger v. Revenue & Customs ([2010] UKFTT 342 (TC))...
Upper Tribunal Revises Disqualification Period Under Section 28 of the Goods Vehicles (Licensing of Operators) Act 1995

Upper Tribunal Revises Disqualification Period Under Section 28 of the Goods Vehicles (Licensing of Operators) Act 1995

Date: Jul 22, 2010
Upper Tribunal Revises Disqualification Period Under Section 28 of the Goods Vehicles (Licensing of Operators) Act 1995 Introduction The case of Finch (t/a David Finch Transport), Re ([2010] UKUT 284...
Establishing Binding Contract Terms and Cost Allocation: Analysis of RTS Flexible Systems Ltd v. Molkerei Alois Muller Gmbh & Company KG (UK Production) [2010] UKSC 38

Establishing Binding Contract Terms and Cost Allocation: Analysis of RTS Flexible Systems Ltd v. Molkerei Alois Muller Gmbh & Company KG (UK Production) [2010] UKSC 38

Date: Jul 22, 2010
Establishing Binding Contract Terms and Cost Allocation: Analysis of RTS Flexible Systems Ltd v. Molkerei Alois Muller Gmbh & Company KG (UK Production) [2010] UKSC 38 Introduction The case of RTS...
Secretary of State for Education v. JN: Establishing Tribunal Autonomy in Determining Suitability to Work with Children

Secretary of State for Education v. JN: Establishing Tribunal Autonomy in Determining Suitability to Work with Children

Date: Jul 21, 2010
Secretary of State for Education v. JN: Establishing Tribunal Autonomy in Determining Suitability to Work with Children 1. Introduction The case Secretary of State for Education v. JN ([2011] AACR...
SG v. Tameside Metropolitan Borough Council: Clarifying Self-Sufficiency and Comprehensive Sickness Insurance under Directive 2004/38/EC

SG v. Tameside Metropolitan Borough Council: Clarifying Self-Sufficiency and Comprehensive Sickness Insurance under Directive 2004/38/EC

Date: Jul 16, 2010
SG v. Tameside Metropolitan Borough Council: Clarifying Self-Sufficiency and Comprehensive Sickness Insurance under Directive 2004/38/EC Introduction The case of SG v. Tameside Metropolitan Borough...
Clarifying Manual Dexterity Descriptors in ESA Assessments: GS v. Secretary of State for Work and Pensions

Clarifying Manual Dexterity Descriptors in ESA Assessments: GS v. Secretary of State for Work and Pensions

Date: Jul 16, 2010
Clarifying Manual Dexterity Descriptors in ESA Assessments: GS v. Secretary of State for Work and Pensions Introduction The case of GS v. Secretary of State for Work and Pensions (ESA) ([2010] UKUT...
Access to Established Educational Systems: Comprehensive Analysis of A v Essex County Council [2010] UK Supreme Court Judgment

Access to Established Educational Systems: Comprehensive Analysis of A v Essex County Council [2010] UK Supreme Court Judgment

Date: Jul 15, 2010
Access to Established Educational Systems: Comprehensive Analysis of A v Essex County Council (Rev 2) [2010] UK Supreme Court Introduction A v Essex County Council (Rev 2) ([2010] 4 All ER 199) is a...
KA and Others: New Precedents on Domestic Violence Risk Post-Protection of Women (Criminal Laws Amendment) Act 2006 in Pakistan

KA and Others: New Precedents on Domestic Violence Risk Post-Protection of Women (Criminal Laws Amendment) Act 2006 in Pakistan

Date: Jul 15, 2010
KA and Others: New Precedents on Domestic Violence Risk Post-Protection of Women (Criminal Laws Amendment) Act 2006 in Pakistan Introduction The case of KA and Others ([2010] UKUT 00216 (IAC)) was...
Admissibility of Evidence in Section 192 Appeals: British Telecommunications Plc v. Office of Communications ([2010] CAT 17)

Admissibility of Evidence in Section 192 Appeals: British Telecommunications Plc v. Office of Communications ([2010] CAT 17)

Date: Jul 9, 2010
Admissibility of Evidence in Section 192 Appeals: British Telecommunications Plc v. Office of Communications ([2010] CAT 17) Introduction British Telecommunications Plc v. Office of Communications...
Philip Kalman v. Information Commissioner: A New Precedent on FOIA and National Security Exemptions

Philip Kalman v. Information Commissioner: A New Precedent on FOIA and National Security Exemptions

Date: Jul 9, 2010
Philip Kalman v. Information Commissioner: A New Precedent on FOIA and National Security Exemptions Introduction The case of Philip Kalman v. Information Commissioner (Freedom of Information Act...
Upper Tribunal Clarifies Tax Treatment of Dividends as Employment Emoluments Through Ramsay Jurisprudence – P A Holdings [2010] STC 2343

Upper Tribunal Clarifies Tax Treatment of Dividends as Employment Emoluments Through Ramsay Jurisprudence – P A Holdings [2010] STC 2343

Date: Jul 8, 2010
Upper Tribunal Clarifies Tax Treatment of Dividends as Employment Emoluments Through Ramsay Jurisprudence – P A Holdings [2010] STC 2343 Introduction The case of P A Holdings Limited ([2010] STC...
Redefining Asylum Criteria for LGBTQ+ Individuals: The HJ (Iran) v. Secretary of State for the Home Department Judgment

Redefining Asylum Criteria for LGBTQ+ Individuals: The HJ (Iran) v. Secretary of State for the Home Department Judgment

Date: Jul 8, 2010
Redefining Asylum Criteria for LGBTQ+ Individuals: The HJ (Iran) v. Secretary of State for the Home Department Judgment Introduction The landmark case of HJ (Iran) v. Secretary of State for the Home...
Enforcement and Discharge of Restrictive Covenants: Insights from Re Hutchins Cottage

Enforcement and Discharge of Restrictive Covenants: Insights from Re Hutchins Cottage

Date: Jul 8, 2010
Enforcement and Discharge of Restrictive Covenants: Insights from Re Hutchins Cottage Case: Woodhouse, Re Hutchins Cottage ([2010] UKUT 235 (LC)) Court: Upper Tribunal (Lands Chamber) Date: 7 July...
Women as a Particular Social Group in Ivory Coast: Comprehensive Analysis of MD (Women) Ivory Coast CG ([2010] UKUT 215 (IAC))

Women as a Particular Social Group in Ivory Coast: Comprehensive Analysis of MD (Women) Ivory Coast CG ([2010] UKUT 215 (IAC))

Date: Jul 8, 2010
Women as a Particular Social Group in Ivory Coast: Comprehensive Analysis of MD (Women) Ivory Coast CG ([2010] UKUT 215 (IAC)) Introduction The case of MD (Women) Ivory Coast CG ([2010] UKUT 215...
Standard of Reasoning for Interlocutory Decisions in SEN Tribunal Cases: KP v. Hertfordshire County Council

Standard of Reasoning for Interlocutory Decisions in SEN Tribunal Cases: KP v. Hertfordshire County Council

Date: Jul 8, 2010
Standard of Reasoning for Interlocutory Decisions in SEN Tribunal Cases: KP v. Hertfordshire County Council Introduction Case Citation: KP v. Hertfordshire County Council (SEN) ([2010] UKUT 233...
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