United Kingdom Case Commentaries

Clarifying Personal Responsibility for War Crimes under Article 1F(a) of the Refugee Convention: The JS (Sri Lanka) v Secretary of State for the Home Department Judgment

Date: Mar 18, 2010

Clarifying Personal Responsibility for War Crimes under Article 1F(a) of the Refugee Convention Introduction The case of JS (Sri Lanka), R (on the application of) v. Secretary of State for the Home...

Agbaje v. Akinnoye-Agbaje: Clarifying Financial Relief under Part III of the Matrimonial and Family Proceedings Act 1984

Date: Mar 11, 2010

Agbaje v. Akinnoye-Agbaje: Clarifying Financial Relief under Part III of the Matrimonial and Family Proceedings Act 1984 Introduction The case of Agbaje v. Akinnoye-Agbaje ([2010] 1 FLR 1813)...

RTS Flexible Systems Ltd v. Molkerei Alois Muller: Defining Contract Formation and Waiver of 'Subject to Contract' Conditions

Date: Mar 11, 2010

RTS Flexible Systems Ltd v. Molkerei Alois Muller: Defining Contract Formation and Waiver of 'Subject to Contract' Conditions Introduction RTS Flexible Systems Limited ("RTS") entered into a business...

Affirming Full Appellate Jurisdiction of First-tier Tribunal in VAT Assessment Appeals

Date: Mar 6, 2010

Affirming Full Appellate Jurisdiction of First-tier Tribunal in VAT Assessment Appeals Introduction The case of Mithras (Wine Bars) Limited v The Commissioners for Her Majesty's Revenue and Customs...

Establishing Town Green Rights: The Lewis v. Redcar and Cleveland Borough Council Judgment

Date: Mar 4, 2010

Establishing Town Green Rights: The Lewis v. Redcar and Cleveland Borough Council Judgment Introduction The case of Lewis, R (on the application of) v. Redcar and Cleveland Borough Council & Anor...

W (Children) Re (Rev 2) [2010] UKSC Interpretation on Child Testimony in Family Proceedings

Date: Mar 4, 2010

W (Children) Re (Rev 2) [2010] UKSC Interpretation on Child Testimony in Family Proceedings Introduction The case of W (Children) Re (Rev 2) [2010] UKSC 57 addresses the delicate balance courts must...

Legislative Competence and Reserved Matters: Analysis of Martin v. Her Majesty's Advocate

Date: Mar 4, 2010

Legislative Competence and Reserved Matters: Analysis of Martin v. Her Majesty's Advocate Introduction Martin v. Her Majesty's Advocate (2010 SCCR 401) is a landmark case adjudicated by the United...

Proportionality Over Exceptionality: Article 8 Rights in Extradition Cases – Norris v Government of USA

Date: Feb 25, 2010

Proportionality Over Exceptionality: Article 8 Rights in Extradition Cases – Norris v Government of USA Introduction Norris v Government of United States of America ([2010] 2 WLR 572) is a landmark...

Reaffirming the Rebuttable Presumption in Equal Pay Claims: Insights from Newcastle Upon Tyne NHS Hospitals Trust v. Armstrong & Ors ([2010] ICR 674)

Date: Feb 23, 2010

Reaffirming the Rebuttable Presumption in Equal Pay Claims: Insights from Newcastle Upon Tyne NHS Hospitals Trust v. Armstrong & Ors ([2010] ICR 674) Introduction In the landmark case of Newcastle...

Transparent Entities and Double Taxation Relief: Analysis of Swift v. Revenue & Customs [2010] UKFTT 88 (TC)

Date: Feb 23, 2010

Transparent Entities and Double Taxation Relief: Analysis of Swift v. Revenue & Customs [2010] UKFTT 88 (TC) Introduction Swift v. Revenue & Customs ([2010] UKFTT 88 (TC)) is a pivotal case...

Severable Overpayments and Their Recoverability: SN v. London Borough of Hounslow

Date: Feb 19, 2010

Severable Overpayments and Their Recoverability: SN v. London Borough of Hounslow [2010] UKUT 57 (AAC) Introduction The case of SN v. London Borough of Hounslow (HB) ([2010] UKUT 57 (AAC)) presents a...

Establishing Victims of Trafficking as a Particular Social Group under Asylum Law: A Comprehensive Commentary on AM and BM (Trafficked women) Albania CG [2010] UKUT 80 (IAC)

Date: Feb 19, 2010

Establishing Victims of Trafficking as a Particular Social Group under Asylum Law: A Comprehensive Commentary on AM and BM (Trafficked women) Albania CG [2010] UKUT 80 (IAC) Introduction The case of...

Tomlinson v Birmingham City Council: Civil Rights and Article 6(1) ECHR in Housing Decisions

Date: Feb 18, 2010

Tomlinson v Birmingham City Council: Civil Rights and Article 6(1) ECHR in Housing Decisions Introduction The case of Tomlinson & Ors v. Birmingham City Council ([2010] UKHRR 417) addresses a pivotal...

May & Baker Ltd v. Okerago: Redefining Vicarious Liability in Race Discrimination Cases

Date: Feb 18, 2010

May & Baker Ltd v. Okerago: Redefining Vicarious Liability in Race Discrimination Cases Introduction The case of May & Baker Ltd (t/a Sanofi-Aventis Pharma) v. Okerago ([2010] UKEAT 0278_09_1702)...

Termination of Marriage in EEA Residency Rights: OA (EEA - Retained Right of Residence) Nigeria (Rev 1)

Date: Feb 18, 2010

Termination of Marriage in EEA Residency Rights: OA (EEA - Retained Right of Residence) Nigeria (Rev 1) Introduction The case OA (EEA - Retained Right of Residence) Nigeria (Rev 1) ([2010] UKAIT...

Establishing Proprietary Estoppel in Land Disputes: Henry & Anor v. Henry (St Lucia)

Date: Feb 18, 2010

Establishing Proprietary Estoppel in Land Disputes: Henry & Anor v. Henry (St Lucia) Introduction Henry & Anor v. Henry (St Lucia) ([2010] UKPC 3) is a landmark case adjudicated by the Privy Council,...

Opara v. Partnerships in Care Ltd: Reinforcing Procedural Fairness in Employment Tribunals

Date: Feb 16, 2010

Opara v. Partnerships in Care Ltd: Reinforcing Procedural Fairness in Employment Tribunals Introduction The case of Opara v. Partnerships in Care Ltd ([2010] UKEAT 0368_09_1502) serves as a pivotal...

Balancing Relevance and Procedural Fairness in Admitting Late Evidence: Earthshine Ltd v Revenue & Customs

Date: Feb 13, 2010

Balancing Relevance and Procedural Fairness in Admitting Late Evidence: Earthshine Ltd v Revenue & Customs Introduction Earthshine Ltd v. Revenue & Customs ([2010] UKFTT 67 (TC)) is a pivotal case...

Allison v. Her Majesty's Advocate: Reinforcing Prosecution's Duty to Disclose Outstanding Charges Under Article 6(1) ECHR

Date: Feb 11, 2010

Allison v. Her Majesty's Advocate: Reinforcing Prosecution's Duty to Disclose Outstanding Charges Under Article 6(1) ECHR Introduction The case of Allison v. Her Majesty's Advocate (2010 GWD 8-135)...

McInnes v. Her Majesty's Advocate: Reinforcing the Real Risk of Prejudice Standard in Disclosure Duties

Date: Feb 11, 2010

McInnes v. Her Majesty's Advocate: Reinforcing the Real Risk of Prejudice Standard in Disclosure Duties Introduction McInnes v. Her Majesty's Advocate (2010 GWD 8-136) is a landmark judgment by the...