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  • Commentaries

United Kingdom Case Commentaries

Tribunal Discretion on Admitting Prior Warnings in Unfair Dismissal Claims: Digby v East Cambridgeshire DC (2007)

Tribunal Discretion on Admitting Prior Warnings in Unfair Dismissal Claims: Digby v East Cambridgeshire DC (2007)

Date: Dec 1, 2006
Tribunal Discretion on Admitting Prior Warnings in Unfair Dismissal Claims: Digby v. East Cambridgeshire District Council ([2007] IRLR 585) Introduction Digby v. East Cambridgeshire District Council...
Apparent Bias and Tribunal Impartiality in Union Disciplinary Cases: Hamilton v. GMB (Northern Region) [2006]

Apparent Bias and Tribunal Impartiality in Union Disciplinary Cases: Hamilton v. GMB (Northern Region) [2006]

Date: Dec 1, 2006
Apparent Bias and Tribunal Impartiality in Union Disciplinary Cases: Hamilton v. GMB (Northern Region) [2006] Introduction Hamilton v. GMB (Northern Region) ([2006] UKEAT 0184_06_3011) is a pivotal...
The Exceptional Nature of Judicial Review over Prosecutorial Decisions: A Commentary on Sharma v Deputy Director of Public Prosecutions

The Exceptional Nature of Judicial Review over Prosecutorial Decisions: A Commentary on Sharma v Deputy Director of Public Prosecutions

Date: Dec 1, 2006
The Exceptional Nature of Judicial Review over Prosecutorial Decisions: A Commentary on Sharma v Deputy Director of Public Prosecutions Introduction Sharma v. Deputy Director of Public Prosecutions &...
Cairns v Visteon UK Ltd: Clarifying Employment Contracts in Triangular Relationships

Cairns v Visteon UK Ltd: Clarifying Employment Contracts in Triangular Relationships

Date: Nov 30, 2006
Cairns v Visteon UK Ltd: Clarifying Employment Contracts in Triangular Relationships Introduction Cairns v Visteon UK Ltd ([2007] IRLR 175) is a pivotal case decided by the United Kingdom Employment...
Distinguishing Risks for Failed Asylum Seekers in Eritrean Involuntary Returns: AH v. UK Asylum and Immigration Tribunal

Distinguishing Risks for Failed Asylum Seekers in Eritrean Involuntary Returns: AH v. UK Asylum and Immigration Tribunal

Date: Nov 28, 2006
Distinguishing Risks for Failed Asylum Seekers in Eritrean Involuntary Returns: AH v. UK Asylum and Immigration Tribunal Introduction The case of AH (Failed asylum seekers, involuntary returns)...
Just and Equitable Extension of Time Limits in Disability Discrimination Claims: Department for Constitutional Affairs v. Jones

Just and Equitable Extension of Time Limits in Disability Discrimination Claims: Department for Constitutional Affairs v. Jones

Date: Nov 25, 2006
Just and Equitable Extension of Time Limits in Disability Discrimination Claims: Department for Constitutional Affairs v. Jones Introduction The case of Department for Constitutional Affairs v. Jones...
Recognition of In Personam Judgments under Private International Law: Pattni v. Ali & Anor [2007] 2 AC 85

Recognition of In Personam Judgments under Private International Law: Pattni v. Ali & Anor [2007] 2 AC 85

Date: Nov 21, 2006
Recognition of In Personam Judgments under Private International Law Pattni v. Ali & Anor (Isle of Man (Staff of Government Division)) [2007] 2 AC 85 Introduction The case of Pattni v. Ali & Anor...
Balance of Hardship in Late Amendments Under the Disability Discrimination Act: Martin v. Microgen Wealth Management Systems Ltd

Balance of Hardship in Late Amendments Under the Disability Discrimination Act: Martin v. Microgen Wealth Management Systems Ltd

Date: Nov 21, 2006
Balance of Hardship in Late Amendments Under the Disability Discrimination Act: Martin v. Microgen Wealth Management Systems Ltd Introduction Martin v. Microgen Wealth Management Systems Ltd ([2006]...
Clarifying 'Rights of Custody' under the Hague Convention: House of Lords Sets Precedent in International Child Abduction Cases

Clarifying 'Rights of Custody' under the Hague Convention: House of Lords Sets Precedent in International Child Abduction Cases

Date: Nov 17, 2006
Clarifying 'Rights of Custody' under the Hague Convention: House of Lords Sets Precedent in International Child Abduction Cases Introduction The case of D (a child), Re ([2006] 3 WLR 0989) was...
Revolutionizing Compulsory Land Disposal: Insights from Standard Commercial Property Securities Ltd v. Glasgow City Council

Revolutionizing Compulsory Land Disposal: Insights from Standard Commercial Property Securities Ltd v. Glasgow City Council

Date: Nov 17, 2006
Revolutionizing Compulsory Land Disposal: Insights from Standard Commercial Property Securities Ltd v. Glasgow City Council Introduction The landmark case of Standard Commercial Property Securities...
Extending Employment Tribunal Time Limits: Insights from HM Prison Service v. Barua ([2007] ICR 671)

Extending Employment Tribunal Time Limits: Insights from HM Prison Service v. Barua ([2007] ICR 671)

Date: Nov 16, 2006
Extending Employment Tribunal Time Limits: Insights from HM Prison Service v. Barua ([2007] ICR 671) Introduction The case of HM Prison Service v. Barua ([2007] ICR 671) marks a significant precedent...
Limiting the Genuine Material Factor Defence in Equal Pay Claims: Insights from Redcar & Cleveland Borough Council v Bainbridge & Ors

Limiting the Genuine Material Factor Defence in Equal Pay Claims: Insights from Redcar & Cleveland Borough Council v Bainbridge & Ors

Date: Nov 16, 2006
Limiting the Genuine Material Factor Defence in Equal Pay Claims: Insights from Redcar & Cleveland Borough Council v Bainbridge & Ors Introduction The case of Redcar & Cleveland Borough Council v...
Laporte v Chief Constable of Gloucestershire: Defining the Boundaries of Police Intervention in Peaceful Demonstrations

Laporte v Chief Constable of Gloucestershire: Defining the Boundaries of Police Intervention in Peaceful Demonstrations

Date: Nov 14, 2006
Laporte v Chief Constable of Gloucestershire: Defining the Boundaries of Police Intervention in Peaceful Demonstrations Introduction The case of Laporte v Chief Constable of Gloucestershire ([2007] 2...
Public Interest Defence Prevails Over Confidentiality in Freedom of Information Act Claims: Analysis of Derry City Council v. Information Commissioner [2006] UKIT EA_2006_0014

Public Interest Defence Prevails Over Confidentiality in Freedom of Information Act Claims: Analysis of Derry City Council v. Information Commissioner [2006] UKIT EA_2006_0014

Date: Nov 12, 2006
Public Interest Defence Prevails Over Confidentiality in Freedom of Information Act Claims: Analysis of Derry City Council v. Information Commissioner [2006] UKIT EA_2006_0014 Introduction The case...
Mandatory Application of Immigration Rule 321A: Establishing Non-Discretionary Grounds for Cancellation of Leave to Enter

Mandatory Application of Immigration Rule 321A: Establishing Non-Discretionary Grounds for Cancellation of Leave to Enter

Date: Nov 8, 2006
Mandatory Application of Immigration Rule 321A: Establishing Non-Discretionary Grounds for Cancellation of Leave to Enter Introduction The case of BA (321A Immigration Rules mandatory) Nigeria...
Reaffirming Adherence to Authoritative Country Guidance in Asylum Decisions: A Commentary on OM (AA(1) wrong in law) Zimbabwe CG [2006] UKAIT 77

Reaffirming Adherence to Authoritative Country Guidance in Asylum Decisions: A Commentary on OM (AA(1) wrong in law) Zimbabwe CG [2006] UKAIT 77

Date: Nov 4, 2006
Reaffirming Adherence to Authoritative Country Guidance in Asylum Decisions: A Commentary on OM (AA(1) wrong in law) Zimbabwe CG [2006] UKAIT 77 Introduction The case OM (AA(1) wrong in law) Zimbabwe...
Reevaluation of Risks to Muslim Women Draft Evaders in Eritrean Asylum Cases: WA (2006) UKAIT 79

Reevaluation of Risks to Muslim Women Draft Evaders in Eritrean Asylum Cases: WA (2006) UKAIT 79

Date: Oct 31, 2006
Reevaluation of Risks to Muslim Women Draft Evaders in Eritrean Asylum Cases: WA (2006) UKAIT 79 Introduction In the landmark case titled WA (Draft related risks updated, Muslim Women) Eritrea CG...
Exceptional Circumstances under Article 8 ECHR in Light of Historical Discrimination: NH v. United Kingdom

Exceptional Circumstances under Article 8 ECHR in Light of Historical Discrimination: NH v. United Kingdom

Date: Oct 27, 2006
Exceptional Circumstances under Article 8 ECHR in Light of Historical Discrimination: NH v. United Kingdom Introduction The case of NH (Female BOCs, exceptionality, Art 8, para 317) British Overseas...
Gladwell v. Secretary of State for Trade and Industry: Nuances in Defining Employee Status for Director-Shareholders

Gladwell v. Secretary of State for Trade and Industry: Nuances in Defining Employee Status for Director-Shareholders

Date: Oct 26, 2006
Gladwell v. Secretary of State for Trade and Industry: Nuances in Defining Employee Status for Director-Shareholders Introduction In Gladwell v. Secretary of State for Trade and Industry ([2006]...
Ravenscraig Development and the Sequential Approach: A New Precedent in Scottish Planning Law

Ravenscraig Development and the Sequential Approach: A New Precedent in Scottish Planning Law

Date: Oct 26, 2006
Ravenscraig Development and the Sequential Approach: A New Precedent in Scottish Planning Law Introduction The case of Land Securities Group plc v. Scottish Ministers & Ors (2006 SCLR 908) addresses...
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