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  • Commentaries

United Kingdom Case Commentaries

The AY Sudan Case: A New Precedent on Asylum Claims Involving Political Activism and Credibility Assessments

The AY Sudan Case: A New Precedent on Asylum Claims Involving Political Activism and Credibility Assessments

Date: May 17, 2008
The AY Sudan Case: A New Precedent on Asylum Claims Involving Political Activism and Credibility Assessments Introduction The case of AY, a Sudanese national, adjudicated by the United Kingdom Asylum...
Interpreting "Benefit" under Section 71(4) of the Criminal Justice Act 1988: Insights from Crown Prosecution Service v. Jennings

Interpreting "Benefit" under Section 71(4) of the Criminal Justice Act 1988: Insights from Crown Prosecution Service v. Jennings

Date: May 15, 2008
Interpreting "Benefit" under Section 71(4) of the Criminal Justice Act 1988: Insights from Crown Prosecution Service v. Jennings Introduction The case of Crown Prosecution Service v. Jennings...
Affirmation of Section 72 Rebuttable Presumption in Deportation Cases Involving Chinese Double Jeopardy Protections

Affirmation of Section 72 Rebuttable Presumption in Deportation Cases Involving Chinese Double Jeopardy Protections

Date: May 15, 2008
Affirmation of Section 72 Rebuttable Presumption in Deportation Cases Involving Chinese Double Jeopardy Protections Introduction In the case of JC (double jeopardy: Art 10 CL) China CG ([2008] UKAIT...
Joint Liability in Asset Confiscation: An Analysis of R v May [2008] 4 All ER 97

Joint Liability in Asset Confiscation: An Analysis of R v May [2008] 4 All ER 97

Date: May 15, 2008
Joint Liability in Asset Confiscation: An Analysis of R v May [2008] 4 All ER 97 Introduction R v May [2008] 4 All ER 97 is a pivotal judgment delivered by the United Kingdom House of Lords on May...
Joint Proceeds in Drug Trafficking Offences: R v Green [2008] 1 AC 1053 Commentary

Joint Proceeds in Drug Trafficking Offences: R v Green [2008] 1 AC 1053 Commentary

Date: May 15, 2008
Joint Proceeds in Drug Trafficking Offences: R v Green [2008] 1 AC 1053 Commentary 1. Introduction The case of R v Green [2008] 1 AC 1053 represents a pivotal moment in the interpretation of proceeds...
Establishing Asylum Rights for Stateless Palestinians Fleeing Iraq: A Comprehensive Legal Commentary

Establishing Asylum Rights for Stateless Palestinians Fleeing Iraq: A Comprehensive Legal Commentary

Date: May 15, 2008
Establishing Asylum Rights for Stateless Palestinians Fleeing Iraq: A Comprehensive Legal Commentary Introduction The case of NA (Palestinians, risk) Iraq CG ([2008] UKAIT 00046) presents a pivotal...
Craven v. Information Commissioner: Affirming FOIA Exemptions on Confidential and Commercially Sensitive Information

Craven v. Information Commissioner: Affirming FOIA Exemptions on Confidential and Commercially Sensitive Information

Date: May 14, 2008
Craven v. Information Commissioner: Affirming FOIA Exemptions on Confidential and Commercially Sensitive Information Introduction The case of Craven v. Information Commissioner ([2008] UKIT...
Reasonable Tolerance of Discreet Homosexuality in Iran: Implications for Asylum Law

Reasonable Tolerance of Discreet Homosexuality in Iran: Implications for Asylum Law

Date: May 11, 2008
Reasonable Tolerance of Discreet Homosexuality in Iran: Implications for Asylum Law Introduction The case of HJ v Iran ([2008] UKAIT 44) presents a pivotal examination of the standards used to...
Fraser v. Judicial and Legal Services Commission: Strengthening Constitutional Protections for Judicial Appointments and Removals

Fraser v. Judicial and Legal Services Commission: Strengthening Constitutional Protections for Judicial Appointments and Removals

Date: May 7, 2008
Fraser v. Judicial and Legal Services Commission: Strengthening Constitutional Protections for Judicial Appointments and Removals Introduction The case of Fraser v. Judicial and Legal Services...
Denial of Input VAT Deductions in MTIC Fraud Chains: An Analysis of Honeyfone Ltd v. Revenue & Customs ([2008] BVC 2394)

Denial of Input VAT Deductions in MTIC Fraud Chains: An Analysis of Honeyfone Ltd v. Revenue & Customs ([2008] BVC 2394)

Date: May 3, 2008
Denial of Input VAT Deductions in MTIC Fraud Chains: An Analysis of Honeyfone Ltd v. Revenue & Customs ([2008] BVC 2394) Introduction Honeyfone Ltd v. Revenue & Customs ([2008] BVC 2394) is a pivotal...
Preservation of In-Country Right of Appeal under Section 82(2)(e) in Immigration Decisions: CD (s.10 Curtailment) India [2008] UKAIT 55

Preservation of In-Country Right of Appeal under Section 82(2)(e) in Immigration Decisions: CD (s.10 Curtailment) India [2008] UKAIT 55

Date: May 2, 2008
Preservation of In-Country Right of Appeal under Section 82(2)(e) in Immigration Decisions: CD (s.10 Curtailment) India [2008] UKAIT 55 Introduction The case of CD (s.10 curtailment: right of appeal)...
Clarifying TUPE Objection: EAT Upholds Employment Transfer in Capita Health Solutions v BBC

Clarifying TUPE Objection: EAT Upholds Employment Transfer in Capita Health Solutions v BBC

Date: May 2, 2008
Clarifying TUPE Objection: EAT Upholds Employment Transfer in Capita Health Solutions v BBC Introduction The case of Capita Health Solutions Ltd. v. British Broadcasting Corporation ([2008] IRLR 595)...
Reaffirming the Burden of Proof in Immigration Cases: Insights from MM v. Pakistan ([2008] UKAIT 00040)

Reaffirming the Burden of Proof in Immigration Cases: Insights from MM v. Pakistan ([2008] UKAIT 00040)

Date: May 2, 2008
Reaffirming the Burden of Proof in Immigration Cases: Insights from MM v. Pakistan ([2008] UKAIT 00040) Introduction The case of MM v. Pakistan ([2008] UKAIT 00040) addresses critical issues...
Riley v. First Choice Homes Oldham Ltd: Establishing Strict Compliance with Modified Grievance Procedures under the Employment Act 2002

Riley v. First Choice Homes Oldham Ltd: Establishing Strict Compliance with Modified Grievance Procedures under the Employment Act 2002

Date: May 1, 2008
Riley v. First Choice Homes Oldham Ltd: Establishing Strict Compliance with Modified Grievance Procedures under the Employment Act 2002 Introduction Riley v. First Choice Homes Oldham Ltd ([2008]...
Guidance on International Medical Graduates Employment: Bapio Action Ltd & Anor v. Secretary of State for the Home Department

Guidance on International Medical Graduates Employment: Bapio Action Ltd & Anor v. Secretary of State for the Home Department

Date: May 1, 2008
Guidance on International Medical Graduates Employment: Bapio Action Ltd & Anor v. Secretary of State for the Home Department Introduction The case of Bapio Action Ltd & Anor v. Secretary of State...
Refining the Scope of "Benefit" Under Sanctions: Insights from M v. Her Majesty's Treasury

Refining the Scope of "Benefit" Under Sanctions: Insights from M v. Her Majesty's Treasury

Date: May 1, 2008
Refining the Scope of "Benefit" Under Sanctions: Insights from M v. Her Majesty's Treasury Introduction The case of M, R (on the application of) v. Her Majesty's Treasury ([2008] 2 All ER 1097)...
Limitation on Initiating Follow-On Damages Claims During Pending Appeals: Emerson Electric Co & Ors v Morgan Crucible Company Plc & Ors [2008]

Limitation on Initiating Follow-On Damages Claims During Pending Appeals: Emerson Electric Co & Ors v Morgan Crucible Company Plc & Ors [2008]

Date: Apr 29, 2008
Limitation on Initiating Follow-On Damages Claims During Pending Appeals: Emerson Electric Co & Ors v Morgan Crucible Company Plc & Ors [2008] Introduction The case of Emerson Electric Co & Ors v...
Kimberley Group Housing v. Hambley: Clarifying TUPE Transfers Involving Multiple Successor Contractors

Kimberley Group Housing v. Hambley: Clarifying TUPE Transfers Involving Multiple Successor Contractors

Date: Apr 26, 2008
Kimberley Group Housing v. Hambley: Clarifying TUPE Transfers Involving Multiple Successor Contractors Introduction The case of Kimberley Group Housing Ltd v. Hambley & Ors (UK) Ltd ([2008] ICR 1030)...
Self-Defence in Civil Assault and Battery: Establishing Reasonableness in Civil Claims

Self-Defence in Civil Assault and Battery: Establishing Reasonableness in Civil Claims

Date: Apr 24, 2008
Self-Defence in Civil Assault and Battery: Establishing Reasonableness in Civil Claims Introduction Ashley & Anor v. Chief Constable of Sussex Police ([2008] 1 AC 962) is a landmark judgment...
Revisiting Post-Hearing Evidence: The SD (Treatment of Post-Hearing Evidence) Russia Judgment

Revisiting Post-Hearing Evidence: The SD (Treatment of Post-Hearing Evidence) Russia Judgment

Date: Apr 24, 2008
Revisiting Post-Hearing Evidence: The SD (Treatment of Post-Hearing Evidence) Russia Judgment Introduction The case of SD (Treatment of Post-Hearing Evidence) Russia ([2008] UKAIT 00037) adjudicated...
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