United Kingdom Case Commentaries

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)

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

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

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

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

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

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

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

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

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

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

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)

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

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

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...

Establishment of Issue Estoppel in Employment Tribunals: Watt v. Ahsan [2008] AC 696

Date: Nov 22, 2007

Establishment of Issue Estoppel in Employment Tribunals: Watt v. Ahsan [2008] AC 696 Introduction The case of Watt (formerly Carter) v. Ahsan [2008] AC 696 represents a significant judicial decision...

Consideration of Ability to Pay in Employment Tribunal Costs Orders: Jilley v. Birmingham & Solihull Mental Health NHS Trust & Ors

Date: Nov 22, 2007

Consideration of Ability to Pay in Employment Tribunal Costs Orders Introduction Jilley v. Birmingham & Solihull Mental Health NHS Trust & Ors ([2007] UKEAT 0584_06_2111) is a significant case heard...

Examination of Judicial Authority in Extensions of Detention under the Terrorism Act 2000: Ward v. Police Service of Northern Ireland ([2007] 1 WLR 3013)

Date: Nov 22, 2007

Examination of Judicial Authority in Extensions of Detention under the Terrorism Act 2000: Ward v. Police Service of Northern Ireland ([2007] 1 WLR 3013) Introduction Ward v. Police Service of...

Consideration of Ill Health Retirement Provisions in Unfair Dismissal Cases: First West Yorkshire Ltd v. Haigh

Date: Nov 21, 2007

Consideration of Ill Health Retirement Provisions in Unfair Dismissal Cases: First West Yorkshire Ltd v. Haigh ([2008] IRLR 182) Introduction First West Yorkshire Ltd (t/a First Leeds) v. Haigh is a...

Emerson Electric Co & Ors v. Morgan Crucible Company Plc: Permission Granted for Damages Claim under Rule 31(3)

Date: Nov 17, 2007

Emerson Electric Co & Ors v. Morgan Crucible Company Plc: Permission Granted for Damages Claim under Rule 31(3) Introduction The case of Emerson Electric Co & Ors v. Morgan Crucible Company Plc...