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  • Commentaries

United Kingdom Case Commentaries

Transfield Shipping Inc v. Mercator Shipping Inc: Redefining Contractual Damages for Consequential Losses

Transfield Shipping Inc v. Mercator Shipping Inc: Redefining Contractual Damages for Consequential Losses

Date: Jul 10, 2008
Transfield Shipping Inc v. Mercator Shipping Inc: Redefining Contractual Damages for Consequential Losses Introduction The case of Transfield Shipping Inc v. Mercator Shipping Inc ([2008] Bus LR...
Barnardisation and the Interplay between DPA 1998 and FOISA 2002: Common Services Agency v. Scottish Information Commissioner

Barnardisation and the Interplay between DPA 1998 and FOISA 2002: Common Services Agency v. Scottish Information Commissioner

Date: Jul 10, 2008
Barnardisation and the Interplay between DPA 1998 and FOISA 2002: Common Services Agency v. Scottish Information Commissioner Introduction The case of Common Services Agency v. Scottish Information...
Non-Deductibility of Trusts-Based Employee Bonuses under Corporation Tax: Sempra Metals Ltd v Revenue and Customs

Non-Deductibility of Trusts-Based Employee Bonuses under Corporation Tax: Sempra Metals Ltd v Revenue and Customs

Date: Jul 8, 2008
Non-Deductibility of Trusts-Based Employee Bonuses under Corporation Tax: Insights from Sempra Metals Ltd v Revenue and Customs [2008] Introduction The case of Sempra Metals Ltd v Revenue and Customs...
Legal Advice and Litigation Privilege Upheld in Employment Tribunal: Howes v. Hinckley & Bosworth Borough Council

Legal Advice and Litigation Privilege Upheld in Employment Tribunal: Howes v. Hinckley & Bosworth Borough Council

Date: Jul 5, 2008
Legal Advice and Litigation Privilege Upheld in Employment Tribunal: Howes v. Hinckley & Bosworth Borough Council Introduction Howes v. Hinckley & Bosworth Borough Council ([2008] UKEAT 0213_08_0407)...
Claridge v. Daler Rowney Ltd: Assessment of Grievance Procedures under the Fairbrother Test in Constructive Dismissal Claims

Claridge v. Daler Rowney Ltd: Assessment of Grievance Procedures under the Fairbrother Test in Constructive Dismissal Claims

Date: Jul 5, 2008
Claridge v. Daler Rowney Ltd: Assessment of Grievance Procedures under the Fairbrother Test in Constructive Dismissal Claims Introduction Claridge v. Daler Rowney Ltd ([2008] UKEAT 0188_08_0407) is a...
Clarification on the Rights of Malaysian British Overseas Citizens Under UK Immigration and Human Rights Law

Clarification on the Rights of Malaysian British Overseas Citizens Under UK Immigration and Human Rights Law

Date: Jul 4, 2008
Clarification on the Rights of Malaysian British Overseas Citizens Under UK Immigration and Human Rights Law Introduction The case of AL & Others (Malaysia BOCs) Malaysia ([2009] UKAIT 00026) before...
Defining Accessory Liability in Joint Enterprise Murder Cases: Insights from Rahman & Ors, R v [2008] 3 WLR 264

Defining Accessory Liability in Joint Enterprise Murder Cases: Insights from Rahman & Ors, R v [2008] 3 WLR 264

Date: Jul 3, 2008
Defining Accessory Liability in Joint Enterprise Murder Cases: Insights from Rahman & Ors, R v [2008] 3 WLR 264 Introduction The case of Rahman & Ors, R v ([2008] 3 WLR 264) represents a pivotal...
Expanded Liability under PUWER 1998: Spencer-Franks v. KBR and Talisman Energy Ltd

Expanded Liability under PUWER 1998: Spencer-Franks v. KBR and Talisman Energy Ltd

Date: Jul 3, 2008
Expanded Liability under PUWER 1998: Spencer-Franks v. KBR and Talisman Energy Ltd Introduction The case of Spencer-Franks v. Kellogg Brown and Root Ltd & Ors (Scotland) (2008 SCLR 484) marks a...
Beoku-Betts v. Secretary of State for the Home Department: Comprehensive Assessment of Family Life in Article 8 Immigration Appeals

Beoku-Betts v. Secretary of State for the Home Department: Comprehensive Assessment of Family Life in Article 8 Immigration Appeals

Date: Jun 26, 2008
Beoku-Betts v. Secretary of State for the Home Department: Comprehensive Assessment of Family Life in Article 8 Immigration Appeals Introduction The case of Beoku-Betts v. Secretary of State for the...
Chikwamba v. Secretary of State for the Home Department: A Landmark Decision on Article 8 Family Life Rights

Chikwamba v. Secretary of State for the Home Department: A Landmark Decision on Article 8 Family Life Rights

Date: Jun 26, 2008
Chikwamba v. Secretary of State for the Home Department: A Landmark Decision on Article 8 Family Life Rights Introduction The case of Chikwamba v. Secretary of State for the Home Department ([2008]...
Reinforcing the Comparator Test in Disability Discrimination: London Borough of Lewisham v Malcolm [2008]

Reinforcing the Comparator Test in Disability Discrimination: London Borough of Lewisham v Malcolm [2008]

Date: Jun 26, 2008
Reinforcing the Comparator Test in Disability Discrimination: London Borough of Lewisham v Malcolm [2008] Introduction The case of London Borough of Lewisham v Malcolm ([2008] 4 All ER 525) presents...
Burrow Down Support Services Ltd v. Rossiter: Defining 'Time Work' and Minimum Wage Obligations

Burrow Down Support Services Ltd v. Rossiter: Defining 'Time Work' and Minimum Wage Obligations

Date: Jun 26, 2008
Burrow Down Support Services Ltd v. Rossiter: Defining 'Time Work' and Minimum Wage Obligations Introduction The case of Burrow Down Support Services Ltd v. Rossiter ([2008] UKEAT 0592_07_2506)...
Affirmation of EEA Family Permit Requirements Under UK Immigration Regulations: KA (EEA: Family Permit; Admission) Sudan [2008] UKAIT 52

Affirmation of EEA Family Permit Requirements Under UK Immigration Regulations: KA (EEA: Family Permit; Admission) Sudan [2008] UKAIT 52

Date: Jun 26, 2008
Affirmation of EEA Family Permit Requirements Under UK Immigration Regulations: KA (EEA: Family Permit; Admission) Sudan [2008] UKAIT 52 Introduction The case of KA (EEA: Family Permit; Admission)...
Impact of Administrative Delay on Article 8 Rights: EB (Kosovo) v. Secretary of State for the Home Department ([2008])

Impact of Administrative Delay on Article 8 Rights: EB (Kosovo) v. Secretary of State for the Home Department ([2008])

Date: Jun 26, 2008
Impact of Administrative Delay on Article 8 Rights: EB (Kosovo) v. Secretary of State for the Home Department ([2008]) Introduction The case of EB (Kosovo) v. Secretary of State for the Home...
AL (Serbia) v. Secretary of State for the Home Department: Establishing Proportionality in Asylum Policy under Article 14 ECHR

AL (Serbia) v. Secretary of State for the Home Department: Establishing Proportionality in Asylum Policy under Article 14 ECHR

Date: Jun 26, 2008
AL (Serbia) v. Secretary of State for the Home Department: Establishing Proportionality in Asylum Policy under Article 14 ECHR Introduction The case of AL (Serbia) v. Secretary of State for the Home...
House of Lords Decision in Cadogan & Ors v. 26 Cadogan Square Ltd: Clarifying Qualifying Tenants in Leasehold Reform

House of Lords Decision in Cadogan & Ors v. 26 Cadogan Square Ltd: Clarifying Qualifying Tenants in Leasehold Reform

Date: Jun 26, 2008
House of Lords Decision in Cadogan & Ors v. 26 Cadogan Square Ltd: Clarifying Qualifying Tenants in Leasehold Reform Introduction Cadogan & Ors v. 26 Cadogan Square Ltd ([2009] 1 AC 39) is a pivotal...
Unmarried Couples' Right to Adopt Affirmed under the Human Rights Act 1998

Unmarried Couples' Right to Adopt Affirmed under the Human Rights Act 1998

Date: Jun 19, 2008
Unmarried Couples' Right to Adopt Affirmed under the Human Rights Act 1998 Introduction The case of P & Ors, Re (Northern Ireland) ([2008] Fam Law 977) adjudicated by the United Kingdom House of...
Balancing Witness Protection and Defendant Rights: Commentary on Davis v R [2008] AC 1128

Balancing Witness Protection and Defendant Rights: Commentary on Davis v R [2008] AC 1128

Date: Jun 19, 2008
Balancing Witness Protection and Defendant Rights: Commentary on Davis v R [2008] AC 1128 Introduction The case of Davis v R [2008] AC 1128 presents a significant examination of the balance between...
Revisiting Burden of Proof in Article 8 Cases: Insights from SA v Secretary of State for the Home Department [2008] UKAIT 54

Revisiting Burden of Proof in Article 8 Cases: Insights from SA v Secretary of State for the Home Department [2008] UKAIT 54

Date: Jun 19, 2008
Revisiting Burden of Proof in Article 8 Cases: Insights from SA v Secretary of State for the Home Department [2008] UKAIT 54 Introduction The case of SA (Article 8, burden of proof) Algeria,...
R v. G ([2009] UK House of Lords): Reconciling Strict Liability Sexual Offences with ECHR Article 8 Protections

R v. G ([2009] UK House of Lords): Reconciling Strict Liability Sexual Offences with ECHR Article 8 Protections

Date: Jun 19, 2008
R v. G ([2009] UK House of Lords): Reconciling Strict Liability Sexual Offences with ECHR Article 8 Protections Introduction The case of R v. G ([2009] 1 AC 92) represents a significant judicial...
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