United Kingdom Case Commentaries

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

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

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

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

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]

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

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

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])

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

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

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

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

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

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

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...

AO (Unreported Determinations Are Not Precedents): Establishing the Boundaries of Article 8 ECHR in Immigration Appeals

Date: Jun 17, 2008

AO (Unreported Determinations Are Not Precedents): Establishing the Boundaries of Article 8 ECHR in Immigration Appeals Introduction The case AO (unreported determinations are not precedents) Japan...

Clarifying Section 29 TMA: Corbally-Stourton v. Revenue & Customs and the Use of Discovery Assessments

Date: Jun 17, 2008

Clarifying Section 29 TMA: Corbally-Stourton v. Revenue & Customs and the Use of Discovery Assessments Introduction Corbally-Stourton v. Revenue & Customs ([2008] STC 907) is a significant case...

Affirmation of the 'Balance of Probabilities' Standard in Care Proceedings

Date: Jun 12, 2008

Affirmation of the 'Balance of Probabilities' Standard in Care Proceedings: B (Children) Re ([2008] Fam Law 619) Introduction The case of B (Children), Re ([2008] Fam Law 619) before the United...

Deportation Policies and Active War Zones: Insights from HH v Secretary of State for the Home Department [2008] UKAIT 00051

Date: Jun 12, 2008

Deportation Policies and Active War Zones: Insights from HH v Secretary of State for the Home Department [2008] UKAIT 00051 Introduction The case of HH (Criminal record; deportation: "war zone") Iraq...

Setting the Standard: Evaluating Asylum Claims Based on Homosexuality in Uganda - JM v Uganda CG [2008] UKAIT 00065

Date: Jun 12, 2008

Setting the Standard: Evaluating Asylum Claims Based on Homosexuality in Uganda - JM v Uganda CG [2008] UKAIT 00065 Introduction The case of JM (homosexuality risk) Uganda CG ([2008] UKAIT 00065)...