United Kingdom Case Commentaries

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

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

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

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

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]

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

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

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)

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]

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)

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

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

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

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

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

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...

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

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)

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

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...