United Kingdom Case Commentaries

Enforceability and Flexibility of Post-Nuptial Agreements under the Manx Matrimonial Proceedings Act 2003: MacLeod v. MacLeod (Isle of Man) [2008] UKPC 64

Date: Dec 18, 2008

Enforceability and Flexibility of Post-Nuptial Agreements under the Manx Matrimonial Proceedings Act 2003: MacLeod v. MacLeod (Isle of Man) [2008] UKPC 64 Introduction The case of MacLeod v. MacLeod...

Waiver of Legal Professional Privilege in Employment Litigation: Brennan v Sunderland City Council

Date: Dec 17, 2008

Waiver of Legal Professional Privilege in Employment Litigation: Brennan v Sunderland City Council 1. Introduction Brennan & Ors v. Sunderland City Council Unison GMB ([2009] ICR 479) is a pivotal...

Integration of Criminal Proceedings Across UK Jurisdictions: The Burns v. Her Majesty's Advocate Judgment

Date: Dec 16, 2008

Integration of Criminal Proceedings Across UK Jurisdictions: The Burns v. Her Majesty's Advocate Judgment Introduction The legal landscape of the United Kingdom, characterized by its distinct...

Humanitarian Protection for Asylum Seekers in Tribal Blood Feuds: The SI (Kurd) Iraq CG [2008] UKAIT 94 Judgment

Date: Dec 16, 2008

Humanitarian Protection for Asylum Seekers in Tribal Blood Feuds: The SI (Kurd) Iraq CG [2008] UKAIT 94 Judgment Introduction The case of SI (expert evidence, Kurd, SM confirmed) Iraq CG ([2008]...

Hope Value in Leasehold Valuation: Insights from Cadogan v. Pitts and Another [2008] 50 EG 72

Date: Dec 11, 2008

Hope Value in Leasehold Valuation: Insights from Cadogan v. Pitts and Another [2008] 50 EG 72 Introduction The case of Cadogan v. Pitts and Another ([2008] 50 EG 72) adjudicated by the United Kingdom...

Knowsley Housing Trust v White [2008]: Defining the Termination of Assured Tenancies and the Right to Buy

Date: Dec 11, 2008

Knowsley Housing Trust v White [2008]: Defining the Termination of Assured Tenancies and the Right to Buy Introduction Knowsley Housing Trust v White [2008] NPC 137 is a landmark judgment by the...

Extradition and Human Rights: The Implications of Wellington v. Secretary of State for the Home Department

Date: Dec 11, 2008

Extradition and Human Rights: The Implications of Wellington v. Secretary of State for the Home Department Introduction The case of Wellington R. v. Secretary of State for the Home Department ([2009]...

Savage v. South Essex Partnership NHS Foundation Trust: Establishing Operational Obligations Under Article 2 of the ECHR

Date: Dec 11, 2008

Savage v. South Essex Partnership NHS Foundation Trust: Establishing Operational Obligations Under Article 2 of the ECHR Introduction Savage v. South Essex Partnership NHS Foundation Trust ([2009] AC...

Recognition of Unincorporated Associations as "Persons Aggrieved" in Competition Law: Merger Action Group v. Secretary of State

Date: Dec 11, 2008

Recognition of Unincorporated Associations as "Persons Aggrieved" in Competition Law: Merger Action Group v. Secretary of State for Business, Enterprise & Regulatory Reform (2009 SLT 10) Introduction...

Prosecution's Burden to Prove Risk under the Health and Safety at Work Act: R v Chargot Ltd

Date: Dec 11, 2008

Prosecution's Burden to Prove Risk under the Health and Safety at Work Act: R v Chargot Ltd Introduction The case of Chargot Limited (t/a Contract Services) and others, R v ([2009] ICR 263)...

Privy Council Reinforces 'No Case to Answer' Standard in Joint Unlawful Enterprise: Director of Public Prosecutions v. Varlack

Date: Dec 2, 2008

Privy Council Reinforces 'No Case to Answer' Standard in Joint Unlawful Enterprise: Director of Public Prosecutions v. Varlack Introduction The case of Director of Public Prosecutions v. Selena...

FB Sierra Leone [2008]: Establishing 'Particular Social Group' for Asylum Claims Pertaining to FGM and Forced Marriage

Date: Nov 28, 2008

FB Sierra Leone [2008]: Establishing 'Particular Social Group' for Asylum Claims Pertaining to FGM and Forced Marriage Introduction The case of FB (Sierra Leone) [2008] UKAIT 90 involves a...

Domicile of Origin and Choice in Polygamous Marriages: Insights from SM (Domicile of choice, Scots law) Pakistan [2008] UKAIT 00092

Date: Nov 27, 2008

Domicile of Origin and Choice in Polygamous Marriages: Insights from SM (Domicile of choice, Scots law) Pakistan [2008] UKAIT 00092 Introduction The case of SM (Domicile of choice, Scots law)...

State's Duty to Independently Investigate Near-Suicides in Custody: Insights from JL v Secretary of State for Justice

Date: Nov 27, 2008

State's Duty to Independently Investigate Near-Suicides in Custody: Insights from JL v Secretary of State for Justice Introduction The case of JL, R (On The Application of) v. Secretary of State for...

Kay v Commissioner of Police: Expanding the Scope of 'Commonly or Customarily Held Processions' under the Public Order Act 1986

Date: Nov 27, 2008

Kay v Commissioner of Police: Expanding the Scope of 'Commonly or Customarily Held Processions' under the Public Order Act 1986 Introduction The case of Kay v Commissioner of The Police of The...

Home Office & MoJ v. Information Commissioner: Establishing Precedent on 'Meta-Requests' under FOIA

Date: Nov 21, 2008

Home Office & MoJ v. Information Commissioner: Establishing Precedent on 'Meta-Requests' under FOIA Introduction The case of Home Office & MoJ v. Information Commissioner ([2008] UKIT EA_2008_0062)...

Eweida v. British Airways: Defining the Boundaries of Indirect Religious Discrimination in Workplace Uniform Policies

Date: Nov 21, 2008

Eweida v. British Airways: Defining the Boundaries of Indirect Religious Discrimination in Workplace Uniform Policies Introduction Eweida v. British Airways Plc ([2009] ICR 303) is a landmark case in...

Severance of Legal and Illegal Contractual Obligations in Employment Law: Blue Chip Trading Ltd v. Helbawi

Date: Nov 21, 2008

Severance of Legal and Illegal Contractual Obligations in Employment Law: Blue Chip Trading Ltd v. Helbawi Introduction Blue Chip Trading Ltd v. Helbawi ([2009] IRLR 128) is a pivotal case...

Post-Transfer Consultation Obligations under TUPE: UCATT v. AMICUS & Ors Commentary

Date: Nov 20, 2008

Post-Transfer Consultation Obligations under TUPE: UCATT v. AMICUS & Ors Commentary Introduction The case UCATT v. AMICUS & Ors ([2009] IRLR 253) adjudicated by the United Kingdom Employment Appeal...

Expansion of Persecution Risk Standards for Zimbabwean Returnees: RN (Returnees) Zimbabwe CG ([2008] UKAIT 83)

Date: Nov 20, 2008

Expansion of Persecution Risk Standards for Zimbabwean Returnees: RN (Returnees) Zimbabwe CG ([2008] UKAIT 83) Introduction The case of RN (Returnees) Zimbabwe CG ([2008] UKAIT 83) examines the...