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  • Commentaries

United Kingdom Case Commentaries

Clarifying OFCOM's Regulatory Jurisdiction: Insights from Orange v OFCOM ([2007] CAT 36)

Clarifying OFCOM's Regulatory Jurisdiction: Insights from Orange v OFCOM ([2007] CAT 36)

Date: Dec 22, 2007
Clarifying OFCOM's Regulatory Jurisdiction: Insights from Orange v OFCOM ([2007] CAT 36) Introduction The case of Orange Personal Communications Services Ltd v. Office of Communications ([2007] CAT...
Territorial Jurisdiction and EU Law in Employment Claims: The Bleuse v. MBT Transport Ltd & Anor Judgment

Territorial Jurisdiction and EU Law in Employment Claims: The Bleuse v. MBT Transport Ltd & Anor Judgment

Date: Dec 22, 2007
Territorial Jurisdiction and EU Law in Employment Claims: The Bleuse v. MBT Transport Ltd & Anor Judgment Introduction Bleuse v. MBT Transport Ltd & Anor ([2008] ICR 488) is a pivotal judgment from...
Legitimate Expectation in Highly Skilled Migrant Programme: AA and Others ([2008] UKAIT 3)

Legitimate Expectation in Highly Skilled Migrant Programme: AA and Others ([2008] UKAIT 3)

Date: Dec 22, 2007
Legitimate Expectation in Highly Skilled Migrant Programme: AA and Others ([2008] UKAIT 3) Introduction The case of AA and Others (Highly Skilled Migrants: Legitimate Expectation) Pakistan ([2008]...
Ensuring Fairness in Redundancy Selection Processes: Analysis of Ralph Martindale & Co Ltd v. Harris

Ensuring Fairness in Redundancy Selection Processes: Analysis of Ralph Martindale & Co Ltd v. Harris

Date: Dec 21, 2007
Ensuring Fairness in Redundancy Selection Processes: Analysis of Ralph Martindale & Co Ltd v. Harris Introduction The case Ralph Martindale & Co Ltd v. Harris ([2007] UKEAT 0166_07_2012) presents a...
Highland Council v TGWU Unison: Requiring Consistency in Comparator Specification for Equal Pay Claims

Highland Council v TGWU Unison: Requiring Consistency in Comparator Specification for Equal Pay Claims

Date: Dec 19, 2007
Highland Council v TGWU Unison: Requiring Consistency in Comparator Specification for Equal Pay Claims Introduction The case of Highland Council v TGWU Unison First & Ors [2007] UKEAT 0020_07_1812...
Consideration of Changed Circumstances in Asylum Determinations: Saber v. Secretary of State for the Home Department

Consideration of Changed Circumstances in Asylum Determinations: Saber v. Secretary of State for the Home Department

Date: Dec 13, 2007
Consideration of Changed Circumstances in Asylum Determinations: Saber v. Secretary of State for the Home Department (2008 SC (HL) 132) Introduction Saber v. Secretary of State for the Home...
Declaratory Competency on Fraudulently Obtained Foreign Judgments: The Precedent Set in Clarke v. Fennoscandia Ltd & Ors (2008 SCLR 142)

Declaratory Competency on Fraudulently Obtained Foreign Judgments: The Precedent Set in Clarke v. Fennoscandia Ltd & Ors (2008 SCLR 142)

Date: Dec 13, 2007
Declaratory Competency on Fraudulently Obtained Foreign Judgments: The Precedent Set in Clarke v. Fennoscandia Ltd & Ors (2008 SCLR 142) Introduction The case of Clarke v. Fennoscandia Ltd & Ors...
Remedying Unreasonable Delays in Criminal Proceedings under Article 6(1): The Spiers v. Ruddy Precedent

Remedying Unreasonable Delays in Criminal Proceedings under Article 6(1): The Spiers v. Ruddy Precedent

Date: Dec 13, 2007
Remedying Unreasonable Delays in Criminal Proceedings under Article 6(1): The Spiers v. Ruddy Precedent Introduction Spiers v. Ruddy ([2008] 2 WLR 608) is a pivotal case adjudicated by the Privy...
Supremacy of UN Security Council Resolutions over ECHR Rights: Al-Jedda v Secretary of State for Defence

Supremacy of UN Security Council Resolutions over ECHR Rights: Al-Jedda v Secretary of State for Defence

Date: Dec 13, 2007
Supremacy of UN Security Council Resolutions over ECHR Rights: Al-Jedda v Secretary of State for Defence Introduction Al-Jedda v Secretary of State for Defence is a landmark case adjudicated by the...
West Midlands Police v Blackburn: Affirmation of Objective Justification in Equal Pay Claims

West Midlands Police v Blackburn: Affirmation of Objective Justification in Equal Pay Claims

Date: Dec 12, 2007
West Midlands Police v Blackburn: Affirmation of Objective Justification in Equal Pay Claims Introduction West Midlands Police v Blackburn & Anor ([2007] UKEAT 0007_07_1112) is a pivotal case...
Clarifying the Scope of Section 83 Appeals: In-Depth Analysis of AN and NN (s.83, Asylum Grounds Only) Albania [2007] UKAIT 00097

Clarifying the Scope of Section 83 Appeals: In-Depth Analysis of AN and NN (s.83, Asylum Grounds Only) Albania [2007] UKAIT 00097

Date: Dec 11, 2007
Clarifying the Scope of Section 83 Appeals: In-Depth Analysis of AN and NN (s.83, Asylum Grounds Only) Albania [2007] UKAIT 00097 Introduction The case of AN and NN (s.83, Asylum Grounds Only)...
Discretion in the Return of Settled Children Under the Hague Convention: Analysis of M & Anor (Children) Re [2008] Fam Law 298

Discretion in the Return of Settled Children Under the Hague Convention: Analysis of M & Anor (Children) Re [2008] Fam Law 298

Date: Dec 6, 2007
Discretion in the Return of Settled Children Under the Hague Convention: Analysis of M & Anor (Children) Re [2008] Fam Law 298 1. Introduction The case of M & Anor (Children) Re [2008] Fam Law 298...
City of Edinburgh Council v Marr: Establishing Procedural Stages in Equal Pay Claims

City of Edinburgh Council v Marr: Establishing Procedural Stages in Equal Pay Claims

Date: Dec 5, 2007
City of Edinburgh Council v Marr: Establishing Procedural Stages in Equal Pay Claims Introduction City of Edinburgh Council v Marr & Ors ([2007] UKEAT 0082_06_0412) is a seminal case adjudicated by...
Establishing Risk Categories for Returned Asylum Seekers: Commentary on HS (Returnng Asylum Seekers) Zimbabwe CG [2007] UKAIT 94

Establishing Risk Categories for Returned Asylum Seekers: Commentary on HS (Returnng Asylum Seekers) Zimbabwe CG [2007] UKAIT 94

Date: Nov 30, 2007
Establishing Risk Categories for Returned Asylum Seekers: Commentary on HS (Returning Asylum Seekers) Zimbabwe CG [2007] UKAIT 94 Introduction The case HS (Returning Asylum Seekers) Zimbabwe CG...
Whaley & Anor v. Lord Advocate (Scotland) [2007] UKHL 53: Judicial Review of Legislative Competence under the Scotland Act 1998

Whaley & Anor v. Lord Advocate (Scotland) [2007] UKHL 53: Judicial Review of Legislative Competence under the Scotland Act 1998

Date: Nov 29, 2007
Whaley & Anor v. Lord Advocate (Scotland) [2007] UKHL 53 Judicial Review of Legislative Competence under the Scotland Act 1998 Introduction Whaley & Anor v. Lord Advocate (Scotland) is a notable...
Kola & Anor v. Secretary of State for Work and Pensions: Expanding the Interpretation of "On Arrival" in Asylum Claims

Kola & Anor v. Secretary of State for Work and Pensions: Expanding the Interpretation of "On Arrival" in Asylum Claims

Date: Nov 29, 2007
Kola & Anor v. Secretary of State for Work and Pensions: Expanding the Interpretation of "On Arrival" in Asylum Claims Introduction The case of Kola & Anor v. Secretary of State for Work and Pensions...
Affirming the Hunting Act 2004: Balancing Animal Welfare and Hunting Practices under the ECHR and EC Law

Affirming the Hunting Act 2004: Balancing Animal Welfare and Hunting Practices under the ECHR and EC Law

Date: Nov 29, 2007
Affirming the Hunting Act 2004: Balancing Animal Welfare and Hunting Practices under the ECHR and EC Law Introduction The case of Countryside Alliance and others, R (on the application of) v....
Recognition of Former Trafficking Victims as a Particular Social Group in Asylum Law: SB (PSG, Protection Regulations, Reg 6) Moldova CG ([2008] UKAIT 2)

Recognition of Former Trafficking Victims as a Particular Social Group in Asylum Law: SB (PSG, Protection Regulations, Reg 6) Moldova CG ([2008] UKAIT 2)

Date: Nov 27, 2007
Recognition of Former Trafficking Victims as a Particular Social Group in Asylum Law Introduction The case of SB (PSG, Protection Regulations, Reg 6) Moldova CG ([2008] UKAIT 2) involves an appeal by...
Service of Notice of Decision: Implications of FO & Ors v Nigeria [2007] UKAIT 93

Service of Notice of Decision: Implications of FO & Ors v Nigeria [2007] UKAIT 93

Date: Nov 27, 2007
Service of Notice of Decision: Implications of FO & Ors v Nigeria [2007] UKAIT 93 Introduction The case of FO & Ors v Nigeria [2007] UKAIT 93 was adjudicated by the United Kingdom Asylum and...
Royal Bank of Scotland v. Bevan: Extending Time Limits in Unfair Dismissal Claims

Royal Bank of Scotland v. Bevan: Extending Time Limits in Unfair Dismissal Claims

Date: Nov 27, 2007
Royal Bank of Scotland v. Bevan: Extending Time Limits in Unfair Dismissal Claims Introduction Royal Bank of Scotland v. Bevan ([2008] ICR 682) is a pivotal case adjudicated by the United Kingdom...
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