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  • Commentaries

United Kingdom Case Commentaries

Clarifying Jurisdictional Concessions under TUPE Regulations: P Miles v. Linkage Community Trust Limited [2008] UKEAT 0040_07_0603

Clarifying Jurisdictional Concessions under TUPE Regulations: P Miles v. Linkage Community Trust Limited [2008] UKEAT 0040_07_0603

Date: Mar 11, 2008
Clarifying Jurisdictional Concessions under TUPE Regulations: P Miles v. Linkage Community Trust Limited [2008] UKEAT 0040_07_0603 Introduction P Miles v. Linkage Community Trust Limited ([2008]...
EA (EEA: 3 Months Residence) Bulgaria - Establishing the Boundaries of Lawful Presence During EU Accession

EA (EEA: 3 Months Residence) Bulgaria - Establishing the Boundaries of Lawful Presence During EU Accession

Date: Mar 7, 2008
EA (EEA: 3 Months Residence) Bulgaria - Establishing the Boundaries of Lawful Presence During EU Accession Introduction The case of EA (EEA: 3 Months Residence) Bulgaria ([2008] UKAIT 00017) presents...
Establishing Sole Grounds Discrimination in Part-Time Worker Regulations: P Sharma & Others v. Manchester City Council

Establishing Sole Grounds Discrimination in Part-Time Worker Regulations: P Sharma & Others v. Manchester City Council

Date: Mar 5, 2008
Establishing Sole Grounds Discrimination in Part-Time Worker Regulations P Sharma & Others v. Manchester City Council ([2008] UKEAT 0561_07_0403) Introduction The case of P Sharma & Others v....
Reaffirmation of Stateless Palestinians' Non-Eligibility for Asylum in Lebanon: MM and FH v. Lebanon CG

Reaffirmation of Stateless Palestinians' Non-Eligibility for Asylum in Lebanon: MM and FH v. Lebanon CG

Date: Mar 5, 2008
Reaffirmation of Stateless Palestinians' Non-Eligibility for Asylum in Lebanon: MM and FH v. Lebanon CG Introduction The case of MM and FH (Stateless Palestinians, KK, IH, HE reaffirmed) v. Lebanon...
Robinson v. Tescom Corporation [2008]: Affirmation and the Limits of 'Working Under Protest' in Unilateral Employment Contract Variations

Robinson v. Tescom Corporation [2008]: Affirmation and the Limits of 'Working Under Protest' in Unilateral Employment Contract Variations

Date: Mar 4, 2008
Robinson v. Tescom Corporation [2008]: Affirmation and the Limits of 'Working Under Protest' in Unilateral Employment Contract Variations Introduction Robinson v. Tescom Corporation ([2008] UKEAT...
Remittal of Conviction Due to Mental Impairment and Admissibility of Evidence in Joint Enterprise Cases

Remittal of Conviction Due to Mental Impairment and Admissibility of Evidence in Joint Enterprise Cases

Date: Mar 4, 2008
Remittal of Conviction Due to Mental Impairment and Admissibility of Evidence in Joint Enterprise Cases Introduction Pitman v. The State (Trinidad And Tobago) ([2008] UKPC 16) is a landmark judgment...
Clarifying Employment Status of Controlling Shareholders: Clark v Clark Construction Initiatives Ltd & Anor (2008)

Clarifying Employment Status of Controlling Shareholders: Clark v Clark Construction Initiatives Ltd & Anor (2008)

Date: Mar 1, 2008
Clarifying Employment Status of Controlling Shareholders: Clark v Clark Construction Initiatives Ltd & Anor (2008) Introduction Clark v. Clark Construction Initiatives Ltd & Anor ([2008] IRLR 364) is...
Affirming Children's Services Obligations Over Housing Authorities for Looked-After Adolescents: M v London Borough of Hammersmith and Fulham (2008)

Affirming Children's Services Obligations Over Housing Authorities for Looked-After Adolescents: M v London Borough of Hammersmith and Fulham (2008)

Date: Feb 28, 2008
Affirming Children's Services Obligations Over Housing Authorities for Looked-After Adolescents: M v London Borough of Hammersmith and Fulham (2008) Introduction The case of M, R (on the application...
Suicide Liability under the Fatal Accidents Act: Corr v. IBC Vehicles Ltd [2008] UKHL 13

Suicide Liability under the Fatal Accidents Act: Corr v. IBC Vehicles Ltd [2008] UKHL 13

Date: Feb 28, 2008
Suicide Liability under the Fatal Accidents Act: Corr v. IBC Vehicles Ltd [2008] UKHL 13 Introduction Corr v. IBC Vehicles Ltd ([2008] UKHL 13) is a landmark judgment delivered by the United Kingdom...
Pipersburgh & Anor v. The Queen: Establishing Standards for Dock Identifications and Jury Directions in Criminal Trials

Pipersburgh & Anor v. The Queen: Establishing Standards for Dock Identifications and Jury Directions in Criminal Trials

Date: Feb 22, 2008
Pipersburgh & Anor v. The Queen: Establishing Standards for Dock Identifications and Jury Directions in Criminal Trials Introduction Pipersburgh & Anor v. The Queen (Belize) ([2008] UKPC 11) is a...
Effectiveness of Withholding Notices under Section 111 HGCRA 1996: Insights from Reinwood Ltd v. L Brown & Sons Ltd

Effectiveness of Withholding Notices under Section 111 HGCRA 1996: Insights from Reinwood Ltd v. L Brown & Sons Ltd

Date: Feb 21, 2008
Effectiveness of Withholding Notices under Section 111 HGCRA 1996: Insights from Reinwood Ltd v. L Brown & Sons Ltd Introduction The case of Reinwood Ltd v. L Brown & Sons Ltd ([2008] Bus LR 979) is...
Shipment as Place of Delivery: Jurisdiction under Article 5(1)(b) – S&N v Ghalanos

Shipment as Place of Delivery: Jurisdiction under Article 5(1)(b) – S&N v Ghalanos

Date: Feb 21, 2008
Shipment as Place of Delivery: Jurisdiction under Article 5(1)(b) – Scottish & Newcastle v. Othon Ghalanos Introduction The case of Scottish & Newcastle International Limited v. Othon Ghalanos Ltd...
Interpretation of 'Place of Effective Management' in Double Taxation Treaties: The Trevor Smallwood Trust v Revenue & Customs Judgment

Interpretation of 'Place of Effective Management' in Double Taxation Treaties: The Trevor Smallwood Trust v Revenue & Customs Judgment

Date: Feb 20, 2008
Interpretation of 'Place of Effective Management' in Double Taxation Treaties: The Trevor Smallwood Trust v Revenue & Customs Judgment Introduction The case of Trevor Smallwood Trust v. Revenue &...
Employment Appeal Tribunal Affirms Absolute Immunity for Legal Correspondence in Employment Proceedings

Employment Appeal Tribunal Affirms Absolute Immunity for Legal Correspondence in Employment Proceedings

Date: Feb 19, 2008
Employment Appeal Tribunal Affirms Absolute Immunity for Legal Correspondence in Employment Proceedings Introduction The case of South London & Maudsley NHS Trust v. Dathi ([2008] UKEAT...
Correct Assessment of Continuous Lawful Residence under Para 276A: GK (Lebanon) Case Commentary

Correct Assessment of Continuous Lawful Residence under Para 276A: GK (Lebanon) Case Commentary

Date: Feb 17, 2008
Correct Assessment of Continuous Lawful Residence under Para 276A: GK (Lebanon) Case Commentary Introduction The case of GK (Long residence, immigration history) Lebanon ([2008] UKAIT 00011) was...
Olimpia Technology Ltd v. Revenue & Customs: Establishing the 'Ought to Have Known' Standard in MTIC Fraud

Olimpia Technology Ltd v. Revenue & Customs: Establishing the 'Ought to Have Known' Standard in MTIC Fraud

Date: Feb 16, 2008
Olimpia Technology Ltd v. Revenue & Customs: Establishing the 'Ought to Have Known' Standard in MTIC Fraud Introduction The case of Olimpia Technology Ltd v. Revenue & Customs ([2008] UKVAT V20570)...
Clarification on Student Entry Clearance under Paragraph 57 HC 395: Insights from CT (Rule 60(i), Cameroon) [2008] UKAIT 10

Clarification on Student Entry Clearance under Paragraph 57 HC 395: Insights from CT (Rule 60(i), Cameroon) [2008] UKAIT 10

Date: Feb 13, 2008
Clarification on Student Entry Clearance under Paragraph 57 HC 395: Insights from CT (Rule 60(i), Cameroon) [2008] UKAIT 10 Introduction The case of CT (Rule 60(i), student entry clearance?) Cameroon...
Clarifying the Causal Requirement in Unfair Dismissal Claims Linked to Paternity Leave: Atkins v. Coyle Personnel Plc

Clarifying the Causal Requirement in Unfair Dismissal Claims Linked to Paternity Leave: Atkins v. Coyle Personnel Plc

Date: Feb 9, 2008
Clarifying the Causal Requirement in Unfair Dismissal Claims Linked to Paternity Leave: Atkins v. Coyle Personnel Plc Introduction The case of Atkins v. Coyle Personnel Plc ([2008] UKEAT...
RT v Sri Lanka [2008]: Establishing Standards for Medical Evidence in Asylum Determinations

RT v Sri Lanka [2008]: Establishing Standards for Medical Evidence in Asylum Determinations

Date: Feb 8, 2008
RT v Sri Lanka [2008]: Establishing Standards for Medical Evidence in Asylum Determinations Introduction In the landmark case of RT v Sri Lanka [2008] UKAIT 9, the United Kingdom Asylum and...
Clarke R v ([2008] 1 WLR 338: Reinforcing the Essentiality of Proper Indictment Signing in Criminal Proceedings

Clarke R v ([2008] 1 WLR 338: Reinforcing the Essentiality of Proper Indictment Signing in Criminal Proceedings

Date: Feb 7, 2008
Clarke R v ([2008] 1 WLR 338: Reinforcing the Essentiality of Proper Indictment Signing in Criminal Proceedings 1. Introduction The case of Clarke R v ([2008] 1 WLR 338) adjudicated by the United...
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