United Kingdom Case Commentaries

O'Neill v. Buckinghamshire County Council: Precedent on Pregnancy-Related Discrimination and Risk Assessments

Date: Jan 6, 2010

O'Neill v. Buckinghamshire County Council: Precedent on Pregnancy-Related Discrimination and Risk Assessments Introduction O'Neill v. Buckinghamshire County Council ([2010] IRLR 384) is a significant...

Hankinson v. Revenue & Customs [2010] STI 1368: Affirming UK Residency and Validity of Discovery Assessment for Capital Gains Tax

Date: Dec 30, 2009

Hankinson v. Revenue & Customs [2010] STI 1368 Introduction Hankinson v. Revenue & Customs ([2010] STI 1368) is a pivotal case adjudicated by the First-tier Tribunal (Tax) on December 29, 2009. The...

Upper Tribunal Affirms Right to Order Preliminary Issues and Grant Stay in NIC Contribution Appeals

Date: Dec 24, 2009

Upper Tribunal Affirms Right to Order Preliminary Issues and Grant Stay in NIC Contribution Appeals Introduction The case of Goldman Sachs International v. HM Revenue & Customs ([2010] BTC 1501)...

Establishing Loss of a Chance in Competition Law: Enron Coal Services Ltd v. EWS Railway Ltd

Date: Dec 22, 2009

Establishing Loss of a Chance in Competition Law: Enron Coal Services Ltd v. EWS Railway Ltd Introduction The case of Enron Coal Services Ltd v. English Welsh & Scottish Railway Ltd ([2010] ECC 7)...

Kuehne Nagel Drinks Logistics Ltd v. Revenue & Customs: Tax Implications of TUPE Transfer Payments

Date: Dec 18, 2009

Kuehne Nagel Drinks Logistics Ltd v. Revenue & Customs: Tax Implications of TUPE Transfer Payments Introduction The case of Kuehne Nagel Drinks Logistics Ltd & Ors v. Revenue & Customs ([2009] UKFTT...

Qualification Must Be Awarded by Application Date for Tier 1 Post-Study Work Points: NO Nigeria [2009] UKAIT 54

Date: Dec 18, 2009

Qualification Must Be Awarded by Application Date for Tier 1 Post-Study Work Points: NO Nigeria [2009] UKAIT 54 Introduction The case of NO (Post-Study Work, award needed by date of application)...

Substitution of Judgment in Employment Tribunals: Insights from Sandwell & West Birmingham Hospitals NHS Trust v. Westwood [2009] UKEAT 0032_09_1712

Date: Dec 18, 2009

Substitution of Judgment in Employment Tribunals: Insights from Sandwell & West Birmingham Hospitals NHS Trust v. Westwood [2009] UKEAT 0032_09_1712 Introduction The case of Sandwell & West...

Affirming Third-Party Support in UK Immigration Rules: A Comprehensive Analysis of Mahad (Ethiopia) v. Entry Clearance Officer

Date: Dec 17, 2009

Affirming Third-Party Support in UK Immigration Rules: A Comprehensive Analysis of Mahad (Ethiopia) v. Entry Clearance Officer Introduction The case of Mahad (previously referred to as AM) (Ethiopia)...

Direct Racial Discrimination in School Admissions: E, R (on the application of) v. Governing Body of JFS & Anor ([2010] 2 AC 728)

Date: Dec 17, 2009

Direct Racial Discrimination in School Admissions: A Comprehensive Commentary on E, R (on the application of) v. Governing Body of JFS & Anor ([2010] 2 AC 728) Introduction The case of E, R (on the...

Upper Tribunal Upholds Manager's Right to Amend Service Charge Proportions Under Lease Agreement

Date: Dec 17, 2009

Upper Tribunal Upholds Manager's Right to Amend Service Charge Proportions Under Lease Agreement Introduction The case of Shersby v. Grenehurst Park Residents Co Ltd ([2009] UKUT 241 (LC)) presents a...

SB (Risk on Return-Illegal Exit) Iran CG [2009]: Establishing New Asylum Risk Factors

Date: Dec 17, 2009

SB (Risk on Return-Illegal Exit) Iran CG [2009]: Establishing New Asylum Risk Factors Introduction The case of SB (Risk on Return-Illegal Exit) Iran CG [2009] UKAIT 53 was adjudicated by the United...

Incorporating Development Value in Marriage Value under Collective Enfranchisement: Analysis of Forty-Five Holdings Ltd v. Grosvenor (Mayfair) Estate

Date: Dec 17, 2009

Incorporating Development Value in Marriage Value under Collective Enfranchisement: Analysis of Forty-Five Holdings Ltd v. Grosvenor (Mayfair) Estate ([2009] UKUT 234 (LC)) Introduction The case of...

Classification of Disability Living Allowance Components under EU Regulation No 1408/71: Insights from JT v. Secretary of State for Work and Pensions ([2009] UKUT 286 (AAC))

Date: Dec 16, 2009

Classification of Disability Living Allowance Components under EU Regulation No 1408/71: Insights from JT v. Secretary of State for Work and Pensions ([2009] UKUT 286 (AAC)) Introduction The case of...

Equal Housing Allocation Rights for Same-Sex Couples Established in Rodriguez v. Minister of Housing

Date: Dec 15, 2009

Equal Housing Allocation Rights for Same-Sex Couples Established in Rodriguez v. Minister of Housing Introduction Rodriguez v. Minister of Housing of the Government & Anor (Gibraltar) ([2009] UKPC...

Reaffirming the Balance of Probabilities in Child Protection: Insights from S-B Children, Re ([2010] 1 AC 678)

Date: Dec 15, 2009

Reaffirming the Balance of Probabilities in Child Protection: Insights from S-B Children, Re ([2010] 1 AC 678) Introduction The case of S-B Children, Re ([2010] 1 AC 678) deliberated on a pivotal...

POWA (Jersey) Ltd v. Revenue & Customs: Establishing Accountability in VAT Input Tax Deductions

Date: Dec 12, 2009

POWA (Jersey) Ltd v. Revenue & Customs: Establishing Accountability in VAT Input Tax Deductions Introduction The case of POWA (Jersey) Ltd v. Revenue & Customs ([2009] UKFTT 360 (TC)) adjudicated by...

TK v Sri Lanka: Establishing Precedents for Asylum Claims Amid Civil Conflict and Human Rights Violations

Date: Dec 12, 2009

TK v Sri Lanka: Establishing Precedents for Asylum Claims Amid Civil Conflict and Human Rights Violations Introduction The case of TK (Tamils, LP updated) v Sri Lanka (Rev 1) CG ([2009] UKAIT 49)...

Jurisdiction of Employment Tribunals Over Compromise Agreements: Insights from Industrious Ltd v. Horizon Recruitment Ltd & Anor

Date: Dec 12, 2009

Jurisdiction of Employment Tribunals Over Compromise Agreements: Insights from Industrious Ltd v. Horizon Recruitment Ltd & Anor Introduction The case of Industrious Ltd v. Horizon Recruitment Ltd &...

Barratt Homes Ltd v. Welsh Water: Defining Developer Rights in Sewer Connections under the Water Industry Act 1991

Date: Dec 10, 2009

Barratt Homes Ltd v. Welsh Water: Defining Developer Rights in Sewer Connections under the Water Industry Act 1991 Introduction The case of Barratt Homes Ltd v. Dwr Cymru Cyfyngedig (Welsh Water)...

Exclusive Jurisdiction of IPT for Section 7(1)(a) HRA Claims: Analysis of A v B [2009] UKSC 12

Date: Dec 10, 2009

Exclusive Jurisdiction of IPT for Section 7(1)(a) HRA Claims: Analysis of A v B [2009] UKSC 12 Introduction The case of A v B ([2009] UKSC 12) centers around the legal challenge brought by a former...