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  • Commentaries

United Kingdom Case Commentaries

Establishing Boundaries of Executive Discretion in National Security Exclusions: EV v. Secretary of State for the Home Department

Establishing Boundaries of Executive Discretion in National Security Exclusions: EV v. Secretary of State for the Home Department

Date: Apr 8, 2009
Establishing Boundaries of Executive Discretion in National Security Exclusions: EV v. Secretary of State for the Home Department Introduction EV v. Secretary of State for the Home Department ([2009]...
Reinstatement Orders and Practicability: Insights from Central & North West London NHS Foundation Trust v. Abimbola

Reinstatement Orders and Practicability: Insights from Central & North West London NHS Foundation Trust v. Abimbola

Date: Apr 4, 2009
Reinstatement Orders and Practicability: Insights from Central & North West London NHS Foundation Trust v. Abimbola Introduction The case of Central & North West London NHS Foundation Trust v....
Comprehensive Commentary on Chief Constable of Dumfries & Galloway Constabulary v. Adams ([2009] IRLR 612)

Comprehensive Commentary on Chief Constable of Dumfries & Galloway Constabulary v. Adams ([2009] IRLR 612)

Date: Apr 4, 2009
Establishing the Scope of 'Normal Day-to-Day Activities' in Disability Discrimination: Insights from Chief Constable of Dumfries & Galloway Constabulary v. Adams Introduction The case of Chief...
No-Possibilities Test for Group Relief of Non-Resident Subsidiary Losses Established in Marks & Spencer plc v. Revenue & Customs

No-Possibilities Test for Group Relief of Non-Resident Subsidiary Losses Established in Marks & Spencer plc v. Revenue & Customs

Date: Apr 3, 2009
No-Possibilities Test for Group Relief of Non-Resident Subsidiary Losses Established in Marks and Spencer plc v. Revenue & Customs Introduction The case of Marks and Spencer plc v. Revenue & Customs...
RC v. Secretary of State for Work and Pensions: Upholding Parental Financial Responsibility

RC v. Secretary of State for Work and Pensions: Upholding Parental Financial Responsibility

Date: Apr 2, 2009
RC v. Secretary of State for Work and Pensions: Upholding Parental Financial Responsibility Introduction The case of RC v. Secretary of State for Work and Pensions ([2009] UKUT 62 (AAC)) was...
Reassessment of Polkey Deductions in Procedural Unfair Dismissals: Virgin Media Ltd v. Seddington & Anor

Reassessment of Polkey Deductions in Procedural Unfair Dismissals: Virgin Media Ltd v. Seddington & Anor

Date: Apr 1, 2009
Reassessment of Polkey Deductions in Procedural Unfair Dismissals: Virgin Media Ltd v. Seddington & Anor Introduction The case of Virgin Media Ltd v. Seddington & Anor ([2009] UKEAT 0539_08_3103)...
West London Mental Health NHS Trust v. Sarkar: Clarifying the Scope of Reasonable Responses in Unfair Dismissal Cases

West London Mental Health NHS Trust v. Sarkar: Clarifying the Scope of Reasonable Responses in Unfair Dismissal Cases

Date: Mar 28, 2009
West London Mental Health NHS Trust v. Sarkar: Clarifying the Scope of Reasonable Responses in Unfair Dismissal Cases Introduction West London Mental Health NHS Trust v. Sarkar ([2009] UKEAT...
Costs Allocation in Regulatory Appeals: Insights from T-Mobile (UK) Ltd & Ors v. Office of Communications

Costs Allocation in Regulatory Appeals: Insights from T-Mobile (UK) Ltd & Ors v. Office of Communications

Date: Mar 27, 2009
Costs Allocation in Regulatory Appeals: Insights from T-Mobile (UK) Ltd & Ors v. Office of Communications Introduction The case of T-Mobile (UK) Ltd & Ors v. Office of Communications ([2009] CAT 8)...
Thorner v Major: Expanding the Boundaries of Proprietary Estoppel

Thorner v Major: Expanding the Boundaries of Proprietary Estoppel

Date: Mar 26, 2009
Thorner v Major: Expanding the Boundaries of Proprietary Estoppel Introduction Thorner v Major & Ors ([2009] Fam Law 583) is a landmark judgment delivered by the United Kingdom House of Lords on...
Obligation of Employment Tribunals to Consider Contributory Fault: Insights from Swallow Security Services Ltd v. Millicent

Obligation of Employment Tribunals to Consider Contributory Fault: Insights from Swallow Security Services Ltd v. Millicent

Date: Mar 20, 2009
Obligation of Employment Tribunals to Consider Contributory Fault: Insights from Swallow Security Services Ltd v. Millicent Introduction The case of Swallow Security Services Ltd v. Millicent ([2009]...
Implied Terms in Corporate Articles: Governance Structure in Attorney General of Belize v Belize Telecom Ltd

Implied Terms in Corporate Articles: Governance Structure in Attorney General of Belize v Belize Telecom Ltd

Date: Mar 19, 2009
Implied Terms in Corporate Articles: Governance Structure in Attorney General of Belize v Belize Telecom Ltd Introduction The case of Attorney General of Belize & Ors v. Belize Telecom Ltd & Anor...
Limitation of Restraint Orders under POCA 2002 to England and Wales: King v. Director of the Serious Fraud Office

Limitation of Restraint Orders under POCA 2002 to England and Wales: King v. Director of the Serious Fraud Office

Date: Mar 19, 2009
Limitation of Restraint Orders under POCA 2002 to England and Wales: King v. Director of the Serious Fraud Office 1. Introduction King v. Director of the Serious Fraud Office ([2009] 2 Cr App Rep 2)...
Takitota v. The Attorney General: Pioneering Damages for Unlawful Detention and Constitutional Rights Violations in The Bahamas

Takitota v. The Attorney General: Pioneering Damages for Unlawful Detention and Constitutional Rights Violations in The Bahamas

Date: Mar 19, 2009
Takitota v. The Attorney General: Pioneering Damages for Unlawful Detention and Constitutional Rights Violations in The Bahamas Introduction The case of Takitota v. The Attorney General & Ors...
Reaffirming Delegation Rights: Premier Groundworks Ltd v. Jozsa Defines Worker Status under WTR 1998

Reaffirming Delegation Rights: Premier Groundworks Ltd v. Jozsa Defines Worker Status under WTR 1998

Date: Mar 18, 2009
Reaffirming Delegation Rights: Premier Groundworks Ltd v. Jozsa Defines Worker Status under WTR 1998 1. Introduction The case of Premier Groundworks Ltd v. Jozsa ([2009] UKEAT 0494_08_1703) addresses...
Sufficiency of Protection for Mixed Ethnicity Individuals: SI (Mixed Serb/Roma Parentage) Kosovo CG ([2009] UKAIT 11)

Sufficiency of Protection for Mixed Ethnicity Individuals: SI (Mixed Serb/Roma Parentage) Kosovo CG ([2009] UKAIT 11)

Date: Mar 17, 2009
Sufficiency of Protection for Mixed Ethnicity Individuals: SI (Mixed Serb/Roma Parentage) Kosovo CG ([2009] UKAIT 11) Introduction The case of SI (Mixed Serb/Roma Parentage) Kosovo CG ([2009] UKAIT...
Clarification of 'External Student' Requirements under Paragraph 57(iv)

Clarification of 'External Student' Requirements under Paragraph 57(iv)

Date: Mar 13, 2009
Clarification of 'External Student' Requirements under Paragraph 57(iv) Introduction The case of YS (Paragraph 57(iv): “external student”) India ([2009] UKAIT 15) presents a significant examination...
Reaffirming Comparator Standards in Disability Discrimination Claims: Stockton On Tees Borough Council v. Aylott

Reaffirming Comparator Standards in Disability Discrimination Claims: Stockton On Tees Borough Council v. Aylott

Date: Mar 12, 2009
Reaffirming Comparator Standards in Disability Discrimination Claims: Stockton On Tees Borough Council v. Aylott Introduction The case of Stockton On Tees Borough Council v. Aylott ([2009] UKEAT...
RIPA 2000 Validated for Surveillance of Legal and Medical Consultations: House of Lords Decision in McE, Re (Northern Ireland) [2009] 2 WLR 782

RIPA 2000 Validated for Surveillance of Legal and Medical Consultations: House of Lords Decision in McE, Re (Northern Ireland) [2009] 2 WLR 782

Date: Mar 12, 2009
RIPA 2000 Validated for Surveillance of Legal and Medical Consultations: House of Lords Decision in McE, Re (Northern Ireland) [2009] 2 WLR 782 Introduction The case of McE, Re (Northern Ireland)...
Ofulue v. Bossert: Reinforcing the Integrity of Without Prejudice Communications under Section 29 of the Limitation Act 1980

Ofulue v. Bossert: Reinforcing the Integrity of Without Prejudice Communications under Section 29 of the Limitation Act 1980

Date: Mar 12, 2009
Ofulue v. Bossert: Reinforcing the Integrity of Without Prejudice Communications under Section 29 of the Limitation Act 1980 Introduction Ofulue & Anor v. Bossert ([2009] 11 EG 119) is a landmark...
IH (s.72; 'Particularly Serious Crime') Eritrea Judgment Analysis

IH (s.72; 'Particularly Serious Crime') Eritrea Judgment Analysis

Date: Mar 10, 2009
IH (s.72; 'Particularly Serious Crime') Eritrea Judgment Analysis Introduction The case of IH (s.72; 'Particularly Serious Crime') Eritrea ([2009] UKAIT 12) revolves around an Eritrean national's...
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