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  • Commentaries

United Kingdom Case Commentaries

Establishing the Narrow Comparator in Disability-Related Discrimination: Insights from Child Support Agency (Dudley) v. Truman

Establishing the Narrow Comparator in Disability-Related Discrimination: Insights from Child Support Agency (Dudley) v. Truman

Date: Feb 6, 2009
Establishing the Narrow Comparator in Disability-Related Discrimination: Insights from Child Support Agency (Dudley) v. Truman Introduction Child Support Agency (Dudley) v. Truman ([2009] ICR 576) is...
ZT (Kosovo) v. Secretary of State for the Home Department: Clarifying the Application of Rule 353 in Section 94 Certified Asylum Claims

ZT (Kosovo) v. Secretary of State for the Home Department: Clarifying the Application of Rule 353 in Section 94 Certified Asylum Claims

Date: Feb 5, 2009
ZT (Kosovo) v. Secretary of State for the Home Department: Clarifying the Application of Rule 353 in Section 94 Certified Asylum Claims Introduction The case of ZT (Kosovo) v. Secretary of State for...
Holmes-Moorhouse v. Richmond upon Thames: Clarifying Housing Authorities' Responsibilities in Shared Residence Orders

Holmes-Moorhouse v. Richmond upon Thames: Clarifying Housing Authorities' Responsibilities in Shared Residence Orders

Date: Feb 5, 2009
Holmes-Moorhouse v. Richmond upon Thames: Clarifying Housing Authorities' Responsibilities in Shared Residence Orders Introduction Holmes-Moorhouse v. Richmond upon Thames ([2009] 3 All ER 277) is a...
Marks and Spencer plc v. Customs and Excise: Establishing VAT Repayment Rights under EU Fiscal Neutrality

Marks and Spencer plc v. Customs and Excise: Establishing VAT Repayment Rights under EU Fiscal Neutrality

Date: Feb 5, 2009
Marks and Spencer plc v. Customs and Excise: Establishing VAT Repayment Rights under EU Fiscal Neutrality Introduction The case of Marks and Spencer plc v. Customs and Excise ([2009] 1 All ER 939)...
Differentiating Real Risk for Undocumented Syrian Kurds: Tribunal Decision in SA and IA (Undocumented Kurds) Syria CG ([2009] UKAIT 00006)

Differentiating Real Risk for Undocumented Syrian Kurds: Tribunal Decision in SA and IA (Undocumented Kurds) Syria CG ([2009] UKAIT 00006)

Date: Feb 3, 2009
Differentiating Real Risk for Undocumented Syrian Kurds: Tribunal Decision in SA and IA (Undocumented Kurds) Syria CG ([2009] UKAIT 00006) Introduction The case of SA and IA (Undocumented Kurds)...
Austin & Anor v Commissioner of Police of the Metropolis: Establishing Framework for Police Crowd Control under ECHR Article 5(1)

Austin & Anor v Commissioner of Police of the Metropolis: Establishing Framework for Police Crowd Control under ECHR Article 5(1)

Date: Jan 29, 2009
Austin & Anor v Commissioner of Police of the Metropolis: Establishing Framework for Police Crowd Control under ECHR Article 5(1) Introduction In the landmark case of Austin & Anor v Commissioner of...
Assessment of Individual Risk in Internal Armed Conflicts: Precedent from AM & AM Somalia CG ([2008] UKAIT 91)

Assessment of Individual Risk in Internal Armed Conflicts: Precedent from AM & AM Somalia CG ([2008] UKAIT 91)

Date: Jan 28, 2009
Assessment of Individual Risk in Internal Armed Conflicts: Precedent from AM & AM Somalia CG ([2008] UKAIT 91) Introduction The case of AM & AM, heard by the United Kingdom Asylum and Immigration...
Comprehensive Commentary on Eastern & Coastal Kent PCT v. Grey ([2009] IRLR 429)

Comprehensive Commentary on Eastern & Coastal Kent PCT v. Grey ([2009] IRLR 429)

Date: Jan 24, 2009
Establishing Employer Liability in Disability Discrimination: Insights from Eastern & Coastal Kent PCT v. Grey ([2009] IRLR 429) Introduction The case of Eastern & Coastal Kent PCT v. Grey ([2009]...
Wright v Secretary of State for Health: Incompatibility of POVA Listing Procedures with ECHR Articles 6 and 8

Wright v Secretary of State for Health: Incompatibility of POVA Listing Procedures with ECHR Articles 6 and 8

Date: Jan 22, 2009
Wright v Secretary of State for Health: Incompatibility of POVA Listing Procedures with ECHR Articles 6 and 8 Introduction The case of Wright & Ors v Secretary of State for Health & Anor ([2009] 12...
Strict Interpretation of Extradition Appeal Time Limits in Mucelli v. Government of Albania

Strict Interpretation of Extradition Appeal Time Limits in Mucelli v. Government of Albania

Date: Jan 22, 2009
Strict Interpretation of Extradition Appeal Time Limits in Mucelli v. Government of Albania Introduction Mucelli v. Government of Albania ([2009] WLR 276) is a landmark decision by the United Kingdom...
Black v. Secretary of State for Justice: Redefining Article 5(4) Rights for Determinate Sentence Prisoners

Black v. Secretary of State for Justice: Redefining Article 5(4) Rights for Determinate Sentence Prisoners

Date: Jan 22, 2009
Black v. Secretary of State for Justice: Redefining Article 5(4) Rights for Determinate Sentence Prisoners Introduction The case of Black R (On The Application of) v. Secretary of State for Justice...
No Common Law Duty of Care for Regulatory Actions in Nursing Home Registration Cancellation – Trent Strategic Health Authority v Jain & Anor (2009)

No Common Law Duty of Care for Regulatory Actions in Nursing Home Registration Cancellation – Trent Strategic Health Authority v Jain & Anor (2009)

Date: Jan 22, 2009
No Common Law Duty of Care for Regulatory Actions in Nursing Home Registration Cancellation – Trent Strategic Health Authority v Jain & Anor (2009) Introduction Trent Strategic Health Authority v....
Quantifiability and Jurisdiction in Employment Tribunals: Insights from Lucy & Ors v British Airways Plc [2009] UKEAT 0033_08_1301

Quantifiability and Jurisdiction in Employment Tribunals: Insights from Lucy & Ors v British Airways Plc [2009] UKEAT 0033_08_1301

Date: Jan 14, 2009
Quantifiability and Jurisdiction in Employment Tribunals: Insights from Lucy & Ors v British Airways Plc [2009] UKEAT 0033_08_1301 Introduction The case of Lucy & Ors v British Airways Plc ([2009]...
Alemo-Herron v. Parkwood Leisure Ltd: Establishing Limitations on TUPE Obligations Post-Transfer

Alemo-Herron v. Parkwood Leisure Ltd: Establishing Limitations on TUPE Obligations Post-Transfer

Date: Jan 13, 2009
Alemo-Herron v. Parkwood Leisure Ltd: Establishing Limitations on TUPE Obligations Post-Transfer Introduction The case of Alemo-Herron v. Parkwood Leisure Ltd ([2009] UKEAT 0456_08_1201) addresses...
Assessing Credibility: The Role of Expert Linguistic Evidence in FS (Treatment of Expert Evidence) Somalia [2009] UKAIT 00004

Assessing Credibility: The Role of Expert Linguistic Evidence in FS (Treatment of Expert Evidence) Somalia [2009] UKAIT 00004

Date: Jan 13, 2009
Assessing Credibility: The Role of Expert Linguistic Evidence in FS (Treatment of Expert Evidence) Somalia [2009] UKAIT 00004 Introduction FS (Treatment of Expert Evidence) Somalia ([2009] UKAIT...
Affirming Alternative Evidence for Customary Divorce in UK Immigration Law: NA v. UK Asylum and Immigration Tribunal [2009] UKAIT 00009

Affirming Alternative Evidence for Customary Divorce in UK Immigration Law: NA v. UK Asylum and Immigration Tribunal [2009] UKAIT 00009

Date: Jan 13, 2009
Affirming Alternative Evidence for Customary Divorce in UK Immigration Law: NA v. UK Asylum and Immigration Tribunal [2009] UKAIT 00009 Introduction The case of NA v. UK Asylum and Immigration...
Reviewability of Automatic Strike-Outs under Rule 13(2): Insights from Neary v. St Albans Girls' School

Reviewability of Automatic Strike-Outs under Rule 13(2): Insights from Neary v. St Albans Girls' School

Date: Jan 10, 2009
Reviewability of Automatic Strike-Outs under Rule 13(2): Insights from Neary v. St Albans Girls' School Introduction The case of Neary v. St Albans Girls' School & Anor ([2009] UKEAT 0281_08_0901)...
Protocols for Confidential Third-Party Disclosures in Mental Health Tribunals: [2009] UKUT 4 AAC

Protocols for Confidential Third-Party Disclosures in Mental Health Tribunals: [2009] UKUT 4 AAC

Date: Jan 9, 2009
Protocols for Confidential Third-Party Disclosures in Mental Health Tribunals: [2009] UKUT 4 AAC Introduction The case [2009] UKUT 4 (AAC) addressed critical issues regarding the disclosure of a...
Asylum Granted for Individual Risk to Homosexuals in Afghanistan: AJ Case Commentary

Asylum Granted for Individual Risk to Homosexuals in Afghanistan: AJ Case Commentary

Date: Jan 6, 2009
Asylum Granted for Individual Risk to Homosexuals in Afghanistan: AJ Case Commentary Introduction The case of AJ (Risk to Homosexuals) Afghanistan CG ([2009] UKAIT 00001) presents a pivotal moment in...
OY (Chechen Muslim Women) Russia CG Judgment Commentary

OY (Chechen Muslim Women) Russia CG Judgment Commentary

Date: Dec 23, 2008
OY (Chechen Muslim Women) Russia CG: A Landmark Judgment on Article 3 Protections for Chechen Asylum Seekers Introduction The case of OY (Chechen Muslim Women) Russia CG ([2009] UKAIT 00005) is a...
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