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  • Commentaries

United Kingdom Case Commentaries

Buckaland v Bournemouth University: Clarifying the Application of the Mahmud Test in Constructive Dismissal

Buckaland v Bournemouth University: Clarifying the Application of the Mahmud Test in Constructive Dismissal

Date: May 9, 2009
Buckaland v Bournemouth University: Clarifying the Application of the Mahmud Test in Constructive Dismissal Introduction Bournemouth University Higher Education Corp v. Buckland ([2009] IRLR 606) is...
Taxation of Employee Benefits: Insights from PA Holdings Ltd & Anor v Revenue & Customs ([2009] UKFTT 95 (TC))

Taxation of Employee Benefits: Insights from PA Holdings Ltd & Anor v Revenue & Customs ([2009] UKFTT 95 (TC))

Date: May 8, 2009
Taxation of Employee Benefits: Insights from PA Holdings Ltd & Anor v Revenue & Customs ([2009] UKFTT 95 (TC)) Introduction The case of PA Holdings Ltd & Anor v Revenue & Customs ([2009] UKFTT 95...
March v. Revenue & Customs [2009] UKFTT 94 (TC): Retrospective Withdrawal from the VAT Flat Rate Scheme

March v. Revenue & Customs [2009] UKFTT 94 (TC): Retrospective Withdrawal from the VAT Flat Rate Scheme

Date: May 8, 2009
March v. Revenue & Customs [2009] UKFTT 94 (TC): Retrospective Withdrawal from the VAT Flat Rate Scheme Introduction The case of March v. Revenue & Customs [2009] UKFTT 94 (TC) involves a dispute...
Lawfulness of Post-Tariff Detention under Indeterminate Sentences for Public Protection Upheld Despite Administrative Failures

Lawfulness of Post-Tariff Detention under Indeterminate Sentences for Public Protection Upheld Despite Administrative Failures

Date: May 7, 2009
Lawfulness of Post-Tariff Detention under Indeterminate Sentences for Public Protection Upheld Despite Administrative Failures Introduction Case: Secretary of State for Justice v. James ([2009] 2 WLR...
House of Lords Affirms Safe Country Presumption Under Dublin II Regulation in Nasseri Case

House of Lords Affirms Safe Country Presumption Under Dublin II Regulation in Nasseri Case

Date: May 7, 2009
House of Lords Affirms Safe Country Presumption Under Dublin II Regulation in Nasseri Case Introduction In the landmark case of Secretary of State for the Home Department v. Nasseri ([2009] 3 All ER...
Establishing the Care Component of Disability Living Allowance as Exportable Sickness Benefit under Regulation No 1408/71

Establishing the Care Component of Disability Living Allowance as Exportable Sickness Benefit under Regulation No 1408/71

Date: May 6, 2009
Establishing the Care Component of Disability Living Allowance as Exportable Sickness Benefit under Regulation No 1408/71 Introduction The case of JS v. Secretary of State for Work and Pensions...
Strict Application of Passage of Time Bar in Extradition: Gomes v. Trinidad and Tobago

Strict Application of Passage of Time Bar in Extradition: Gomes v. Trinidad and Tobago

Date: Apr 30, 2009
Strict Application of Passage of Time Bar in Extradition: Gomes v. Trinidad and Tobago Introduction Gomes v. Trinidad and Tobago ([2009] WLR 1038) is a seminal judgment delivered by the United...
The Abolition of Doli Incapax: Insights from R v [2009] 2 Cr App R 13

The Abolition of Doli Incapax: Insights from R v [2009] 2 Cr App R 13

Date: Apr 30, 2009
The Abolition of Doli Incapax: Insights from R v [2009] 2 Cr App R 13 Introduction The case of JTB, R v [2009] 2 Cr App R 13 represents a pivotal moment in the evolution of juvenile criminal...
National Grid Plc v. Gas and Electricity Markets Authority: A Landmark Judgment on Abuse of Dominance in Gas Metering Market

National Grid Plc v. Gas and Electricity Markets Authority: A Landmark Judgment on Abuse of Dominance in Gas Metering Market

Date: Apr 30, 2009
National Grid Plc v. Gas and Electricity Markets Authority: A Landmark Judgment on Abuse of Dominance in Gas Metering Market Introduction The case of National Grid Plc v. Gas and Electricity Markets...
Tax Implications of Additional Payments to Withdrawing Partners: Self v. Revenue & Customs [2009]

Tax Implications of Additional Payments to Withdrawing Partners: Self v. Revenue & Customs [2009]

Date: Apr 30, 2009
Tax Implications of Additional Payments to Withdrawing Partners: Self v. Revenue & Customs [2009] Introduction The case of Self v. Revenue & Customs [2009] STI 1925 deals with the tax treatment of...
Abuse of Dominant Position in Gas Meter Market: National Grid v. Gas & Electricity Markets Authority

Abuse of Dominant Position in Gas Meter Market: National Grid v. Gas & Electricity Markets Authority

Date: Apr 30, 2009
Abuse of Dominant Position in Gas Meter Market: National Grid v. Gas & Electricity Markets Authority Introduction The case of National Grid PLC v. Gas & Electricity Markets Authority ([2009] CAT 14)...
R v Briggs-Price: Upholding Confiscation Orders Under the Drug Trafficking Act 1994 in Light of ECHR Article 6

R v Briggs-Price: Upholding Confiscation Orders Under the Drug Trafficking Act 1994 in Light of ECHR Article 6

Date: Apr 30, 2009
R v Briggs-Price: Upholding Confiscation Orders Under the Drug Trafficking Act 1994 in Light of ECHR Article 6 Introduction In the landmark case R v Briggs-Price ([2009] 4 All ER 594), the United...
Risk Assessment for Asylum Claims Based on Sur Place Activities: TL and Others (Burma CG)

Risk Assessment for Asylum Claims Based on Sur Place Activities: TL and Others (Burma CG)

Date: Apr 29, 2009
Risk Assessment for Asylum Claims Based on Sur Place Activities: TL and Others (Burma CG) [2009] UKAIT 17 Introduction The case of TL and Others (Burma CG) ([2009] UKAIT 17) addresses critical issues...
Establishing Criteria for Intervention in Competition Proceedings: Barclays Bank Plc v The Competition Commission [2009]

Establishing Criteria for Intervention in Competition Proceedings: Barclays Bank Plc v The Competition Commission [2009]

Date: Apr 29, 2009
Establishing Criteria for Intervention in Competition Proceedings: Barclays Bank Plc v The Competition Commission [2009] Introduction The case of Barclays Bank Plc v The Competition Commission [2009]...
Threshold for Suspension of Childminder Registration: Ofsted v. GM & WM ([2010] AACR 21)

Threshold for Suspension of Childminder Registration: Ofsted v. GM & WM ([2010] AACR 21)

Date: Apr 29, 2009
Threshold for Suspension of Childminder Registration: Ofsted v. GM & WM ([2010] AACR 21) Introduction The case of Ofsted v. GM & WM ([2010] AACR 21) revolves around the suspension of the...
Termination of Banking Contracts by Reasonable Notice: National Commercial Bank Jamaica Ltd v Olint Corp Ltd

Termination of Banking Contracts by Reasonable Notice: National Commercial Bank Jamaica Ltd v Olint Corp Ltd

Date: Apr 29, 2009
Termination of Banking Contracts by Reasonable Notice: National Commercial Bank Jamaica Ltd v Olint Corp Ltd Introduction The case of National Commercial Bank Jamaica Ltd v. Olint Corp Ltd (Jamaica)...
Dumfries and Galloway Council v. North & Ors: Clarifying "Same Employment" Under the Equal Pay Act 1970

Dumfries and Galloway Council v. North & Ors: Clarifying "Same Employment" Under the Equal Pay Act 1970

Date: Apr 25, 2009
Dumfries and Galloway Council v. North & Ors: Clarifying "Same Employment" Under the Equal Pay Act 1970 Introduction The case of Dumfries and Galloway Council v. North & Ors ([2009] IRLR 915)...
Potter & Ors v. North Cumbria Acute Hospitals NHS Trust & Ors: New Precedent on Contractual Variation and Equal Pay Claims

Potter & Ors v. North Cumbria Acute Hospitals NHS Trust & Ors: New Precedent on Contractual Variation and Equal Pay Claims

Date: Apr 25, 2009
Potter & Ors v. North Cumbria Acute Hospitals NHS Trust & Ors: New Precedent on Contractual Variation and Equal Pay Claims Introduction In the landmark case of Potter & Ors v. North Cumbria Acute...
Remedies and Jurisdictional Boundaries in Competition Law: Insights from Albion Water Ltd v. Water Services Regulation Authority

Remedies and Jurisdictional Boundaries in Competition Law: Insights from Albion Water Ltd v. Water Services Regulation Authority

Date: Apr 10, 2009
Remedies and Jurisdictional Boundaries in Competition Law: Insights from Albion Water Ltd v. Water Services Regulation Authority Introduction The case of Albion Water Ltd & Anor v. Water Services...
Crompton v. Revenue & Customs: Compensation Payments and Taxation Principles Established

Crompton v. Revenue & Customs: Compensation Payments and Taxation Principles Established

Date: Apr 8, 2009
Crompton v. Revenue & Customs: Compensation Payments and Taxation Principles Established Introduction The case of Crompton v. Revenue & Customs ([2009] STC (SCD) 504) adjudicated by the First-tier...
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