United Kingdom Case Commentaries

Establishing Abusive Domain Registration and Initial Interest Confusion: Toshiba v. Power Battery Inc [2010] DRS 7991

Date: May 5, 2010

Establishing Abusive Domain Registration and Initial Interest Confusion: Toshiba v. Power Battery Inc [2010] DRS 7991 Introduction The case of Toshiba Corporation (t/as Kabushiki Kaisha Toshiba) v....

Extending Reasonable Adjustments under the Disability Discrimination Act: Chief Constable of South Yorkshire Police v. Jelic

Date: Apr 30, 2010

Extending Reasonable Adjustments under the Disability Discrimination Act: Chief Constable of South Yorkshire Police v. Jelic Introduction The case of Chief Constable of South Yorkshire Police v....

Tribunal Jurisdiction over Legitimate Expectation Claims in VAT Appeals: CGI Group v. Revenue & Customs

Date: Apr 28, 2010

Tribunal Jurisdiction over Legitimate Expectation Claims in VAT Appeals: CGI Group v. Revenue & Customs Introduction CGI Group (Europe) Ltd v. Revenue & Customs (Rev 1) ([2010] UKFTT 224 (TC)) is a...

Clarifying Discretionary Uplifts under Section 31(3) of the Employment Act 2002: Insights from Lawless v. Print Plus

Date: Apr 28, 2010

Clarifying Discretionary Uplifts under Section 31(3) of the Employment Act 2002: Insights from Lawless v. Print Plus Introduction The case of Lawless v. Print Plus (Debarred) ([2010] UKEAT...

Upper Tribunal Upholds Strict Interpretation of Section 85(4) in One-Stop Appeal Cases

Date: Apr 24, 2010

Upper Tribunal Upholds Strict Interpretation of Section 85(4) in One-Stop Appeal Cases Introduction The case of MS (AS & NV considered) Pakistan ([2010] UKUT 117 (IAC)) before the Upper Tribunal...

Real Risk of Re-Trafficking Recognized in Asylum Determination: AZ (Trafficked Women) v Secretary of State

Date: Apr 24, 2010

Real Risk of Re-Trafficking Recognized in Asylum Determination: AZ (Trafficked Women) v Secretary of State Introduction The case of AZ (Trafficked women) Thailand CG [2010] UKUT 118 (IAC) was...

Employment Appeal Tribunal Upholds Fair Dismissal: Reinforcement of Management's Reasonable Response Standard in Unfair Dismissal Claims

Date: Apr 22, 2010

Employment Appeal Tribunal Upholds Fair Dismissal: Reinforcement of Management's Reasonable Response Standard in Unfair Dismissal Claims Introduction The case of London Borough of Brent v. Fuller...

Admitting Fresh Evidence in Employment Appeal Tribunal: Insights from Adegbuji v. Meteor Parking Ltd

Date: Apr 22, 2010

Admitting Fresh Evidence in Employment Appeal Tribunal: Insights from Adegbuji v. Meteor Parking Ltd Introduction Adegbuji v. Meteor Parking Ltd ([2010] UKEAT 1570_09_2104) is a pivotal case decided...

Lifetime Notification Requirements for Sexual Offenders Must Include a Mechanism for Review to Comply with Article 8 ECHR

Date: Apr 22, 2010

Lifetime Notification Requirements for Sexual Offenders Must Include a Mechanism for Review to Comply with Article 8 ECHR Introduction The case of F & Anor v. Secretary of State for the Home...

GJ v. Secretary of State for Work and Pensions: Reassessment of Overpayment Liability Due to Administrative Oversight

Date: Apr 16, 2010

Reassessment of Overpayment Liability Due to Administrative Oversight Introduction The case of GJ v. Secretary of State for Work and Pensions (IS) ([2010] UKUT 107 (AAC)) presents a significant...

HM Land Registry v. Grant: Establishing the Importance of Context in Sexual Orientation Discrimination Claims

Date: Apr 16, 2010

HM Land Registry v. Grant: Establishing the Importance of Context in Sexual Orientation Discrimination Claims Introduction In the landmark case of HM Land Registry v. Grant ([2010] IRLR 583), the...

Goode v. Marks and Spencer: Defining the Boundaries of Protected Disclosures and Unfair Dismissal

Date: Apr 16, 2010

Goode v. Marks and Spencer: Defining the Boundaries of Protected Disclosures and Unfair Dismissal Introduction Goode v. Marks and Spencer Plc ([2010] UKEAT 0442_09_1504) is a pivotal case heard by...

Ensuring Procedural Fairness in Tribunal Appeals: Insights from MP v. Secretary of State for Work and Pensions

Date: Apr 15, 2010

Ensuring Procedural Fairness in Tribunal Appeals: Insights from MP v. Secretary of State for Work and Pensions Introduction The case of MP v. Secretary of State for Work and Pensions ([2010] UKUT 103...

VAT Grouping and the Capital Goods Scheme: Insights from the University of Essex v Revenue & Customs Judgment

Date: Apr 14, 2010

VAT Grouping and the Capital Goods Scheme: Insights from the University of Essex v Revenue & Customs Judgment Introduction The case of University of Essex v Revenue & Customs ([2010] UKFTT 162 (TC))...

Application and Limitations of Shun Fung Principles in Pre-Possession Rent Loss: Welford v Transport for London

Date: Apr 10, 2010

Application and Limitations of Shun Fung Principles in Pre-Possession Rent Loss: Welford v Transport for London ([2010] RVR 200) Introduction The case of Welford v Transport for London ([2010] RVR...

Establishing Appropriate Medical Treatment Standards for Detention of Personality Disorder Patients: Analysis of DL-H v Devon Partnership NHS Trust [2010]

Date: Apr 9, 2010

Establishing Appropriate Medical Treatment Standards for Detention of Personality Disorder Patients: Analysis of DL-H v Devon Partnership NHS Trust [2010] Introduction The case DL-H v Devon...

Expansion of Whistleblower Protections: BP Plc v. Elstone & Anor

Date: Apr 1, 2010

Expansion of Whistleblower Protections: BP Plc v. Elstone & Anor Introduction BP Plc v. Elstone & Anor ([2010] IRLR 558) is a pivotal case adjudicated by the United Kingdom Employment Appeal Tribunal...

Establishing Victimisation under the Sex Discrimination Act 1975: Analysis of Pothecary Witham Weld v Bullimore

Date: Mar 30, 2010

Establishing Victimisation under the Sex Discrimination Act 1975: Analysis of Pothecary Witham Weld v Bullimore Introduction The case of Pothecary Witham Weld (a firm) & Anor v. Bullimore & Anor...

Clarifying Compensation Standards for Paid Annual Leave: British Airways plc v. Williams & Ors [2010]

Date: Mar 25, 2010

Clarifying Compensation Standards for Paid Annual Leave: British Airways plc v. Williams & Ors [2010] Introduction The case of British Airways plc v. Williams & Ors ([2010] IRLR 541) was adjudicated...

Upper Tribunal Sets Precedent on Child Support Variations for Non-Resident Parents in MG v. CMEC (CSM)

Date: Mar 20, 2010

Upper Tribunal Sets Precedent on Child Support Variations for Non-Resident Parents in MG v. CMEC (CSM) Introduction The case of MG v. CMEC (CSM) ([2010] UKUT 83 (AAC)) addresses significant issues...