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  • Commentaries

United Kingdom Case Commentaries

Restitution for Tax Paid Under Mistake of Law: Deutsche Morgan Grenfell Group Plc v Inland Revenue

Restitution for Tax Paid Under Mistake of Law: Deutsche Morgan Grenfell Group Plc v Inland Revenue

Date: Oct 26, 2006
Restitution for Tax Paid Under Mistake of Law: Deutsche Morgan Grenfell Group Plc v Inland Revenue Introduction The case of Deutsche Morgan Grenfell Group Plc v. Inland Revenue & Anor ([2007] 1 CMLR...
Dragon Futures Ltd v. Revenue & Customs: Defining "Means of Knowledge" in VAT Carousel Fraud Cases

Dragon Futures Ltd v. Revenue & Customs: Defining "Means of Knowledge" in VAT Carousel Fraud Cases

Date: Oct 26, 2006
Dragon Futures Ltd v. Revenue & Customs: Defining "Means of Knowledge" in VAT Carousel Fraud Cases Introduction The case of Dragon Futures Ltd v. Revenue & Customs ([2006] UKVAT V19831) revolves...
Affirming the 'Truly Exceptional' Standard for Article 8 Claims in UK Immigration Tribunal: PO v. Nigeria [2006] UKAIT 87

Affirming the 'Truly Exceptional' Standard for Article 8 Claims in UK Immigration Tribunal: PO v. Nigeria [2006] UKAIT 87

Date: Oct 25, 2006
Affirming the 'Truly Exceptional' Standard for Article 8 Claims in UK Immigration Tribunal: PO v. Nigeria [2006] UKAIT 87 Introduction The case of PO (interests of the state) v Nigeria [2006] UKAIT...
Kelly-Madden v Manor Surgery: Clarifying the Application of Section 98A(2) in Unfair Dismissal Proceedings

Kelly-Madden v Manor Surgery: Clarifying the Application of Section 98A(2) in Unfair Dismissal Proceedings

Date: Oct 20, 2006
Kelly-Madden v Manor Surgery: Clarifying the Application of Section 98A(2) in Unfair Dismissal Proceedings Introduction Kelly-Madden v Manor Surgery ([2007] ICR 203) is a pivotal case adjudicated by...
Tehrani v. Secretary of State for the Home Department (Scotland): Supervisory Jurisdiction Over UK-Wide Tribunals

Tehrani v. Secretary of State for the Home Department (Scotland): Supervisory Jurisdiction Over UK-Wide Tribunals

Date: Oct 19, 2006
Tehrani v. Secretary of State for the Home Department (Scotland): Supervisory Jurisdiction Over UK-Wide Tribunals Introduction Tehrani v. Secretary of State for the Home Department (Scotland) is a...
Defining Disability: The Impact of Commissioner of Police of the Metropolis v. Virdi on Disability Discrimination Law

Defining Disability: The Impact of Commissioner of Police of the Metropolis v. Virdi on Disability Discrimination Law

Date: Oct 19, 2006
Defining Disability: The Impact of Commissioner of Police of the Metropolis v. Virdi on Disability Discrimination Law Introduction Commissioner of Police of the Metropolis v. Virdi ([2006] UKEAT...
Redefining "Particular Social Group": Insights from Secretary of State for the Home Department v. K ([2006] UKHL 46)

Redefining "Particular Social Group": Insights from Secretary of State for the Home Department v. K ([2006] UKHL 46)

Date: Oct 19, 2006
Redefining "Particular Social Group": Insights from Secretary of State for the Home Department v. K ([2006] UKHL 46) Introduction Secretary of State for the Home Department v. K ([2006] UKHL 46) is a...
Hogan v. Information Commissioner: Balancing FOIA Exemptions and Public Interest in VIN Disclosure

Hogan v. Information Commissioner: Balancing FOIA Exemptions and Public Interest in VIN Disclosure

Date: Oct 18, 2006
Hogan v. Information Commissioner: Balancing FOIA Exemptions and Public Interest in VIN Disclosure Introduction Hogan v. Information Commissioner ([2006] UKIT EA_2005_0030) is a pivotal case...
Boolell v. The State (Mauritius): Upholding the Right to a Trial Within a Reasonable Time

Boolell v. The State (Mauritius): Upholding the Right to a Trial Within a Reasonable Time

Date: Oct 17, 2006
Boolell v. The State (Mauritius): Upholding the Right to a Trial Within a Reasonable Time Introduction Boolell v. The State (Mauritius) ([2006] UKPC 46) is a landmark case adjudicated by the Privy...
Jameel v. Wall Street Journal Europe: Landmark Ruling on Reynolds Privilege and Corporate Defamation

Jameel v. Wall Street Journal Europe: Landmark Ruling on Reynolds Privilege and Corporate Defamation

Date: Oct 12, 2006
Jameel v. Wall Street Journal Europe: Landmark Ruling on Reynolds Privilege and Corporate Defamation Introduction The case of Jameel & Ors v. Wall Street Journal Europe Sprl ([2007] AC 359)...
Prioritizing Administrative Expenses over Insurers’ Claims in Corporate Insolvency: Insights from Freakley v. Centre Reinsurance

Prioritizing Administrative Expenses over Insurers’ Claims in Corporate Insolvency: Insights from Freakley v. Centre Reinsurance

Date: Oct 12, 2006
Prioritizing Administrative Expenses over Insurers’ Claims in Corporate Insolvency: Insights from Freakley v. Centre Reinsurance Introduction The case of Freakley & Ors v. Centre Reinsurance...
Privy Council Establishes Rigorous Standards for Enforceability of Jurisdiction Clauses in Contractual Agreements

Privy Council Establishes Rigorous Standards for Enforceability of Jurisdiction Clauses in Contractual Agreements

Date: Oct 12, 2006
Privy Council Establishes Rigorous Standards for Enforceability of Jurisdiction Clauses in Contractual Agreements Introduction The case of Bols Distilleries (t/a as Bols Royal Distilleries) & Anor v....
Abusive Domain Registration and Trademark Protection: Royal Bank of Scotland Group Plc v. Jin

Abusive Domain Registration and Trademark Protection: Royal Bank of Scotland Group Plc v. Jin

Date: Oct 10, 2006
Abusive Domain Registration and Trademark Protection: Royal Bank of Scotland Group Plc v. Jin Introduction The case of Royal Bank of Scotland Group Plc v. Jin ([2006] DRS 3931) is a significant legal...
Albion Water Ltd v. Water Services Regulation Authority ([2006] CAT 23): Comprehensive Legal Commentary

Albion Water Ltd v. Water Services Regulation Authority ([2006] CAT 23): Comprehensive Legal Commentary

Date: Oct 7, 2006
Albion Water Ltd v. Water Services Regulation Authority ([2006] CAT 23): Comprehensive Legal Commentary Introduction Albion Water Ltd v. Water Services Regulation Authority ([2006] CAT 23) is a...
IA (applying policies) Mauritius [2006] UKAIT 00082: A Landmark Judgment on Article 8 and Immigration Policies

IA (applying policies) Mauritius [2006] UKAIT 00082: A Landmark Judgment on Article 8 and Immigration Policies

Date: Oct 4, 2006
IA (applying policies) Mauritius [2006] UKAIT 00082: A Landmark Judgment on Article 8 and Immigration Policies Introduction The case of IA (applying policies) Mauritius [2006] UKAIT 00082 addresses...
No In-Country Right of Appeal for Turkish Nationals Under the Ankara Agreement: SS & Ors (2006) UKAIT 74

No In-Country Right of Appeal for Turkish Nationals Under the Ankara Agreement: SS & Ors (2006) UKAIT 74

Date: Sep 30, 2006
No In-Country Right of Appeal for Turkish Nationals Under the Ankara Agreement: SS & Ors (2006) UKAIT 74 Introduction The case of SS & Ors (Ankara Agreement, no in-country right of appeal) Turkey...
Effective Date of Termination in Fixed-Term Contracts upon Successful Appeal

Effective Date of Termination in Fixed-Term Contracts upon Successful Appeal

Date: Sep 27, 2006
Effective Date of Termination in Fixed-Term Contracts upon Successful Appeal Introduction Prakash v. Wolverhampton City Council ([2006] UKEAT 0140_06_0109) is a significant case adjudicated by the...
Recognition of Refugee Status in Mixed Ethnic Marriages: The KX and AB Judgment

Recognition of Refugee Status in Mixed Ethnic Marriages: The KX and AB Judgment

Date: Sep 21, 2006
Recognition of Refugee Status in Mixed Ethnic Marriages: The KX and AB Judgment Introduction The case of KX and AB is a landmark decision by the United Kingdom Asylum and Immigration Tribunal,...
Barnet v Ferguson: Defining Reasonable Adjustments under the Disability Discrimination Act 1995

Barnet v Ferguson: Defining Reasonable Adjustments under the Disability Discrimination Act 1995

Date: Sep 19, 2006
Barnet v Ferguson: Defining Reasonable Adjustments under the Disability Discrimination Act 1995 Introduction The case of London Borough of Barnet v. Ferguson ([2006] UKEAT 0220_06_1809) addresses...
Reassessment of Asylum Claims for Mixed Ashkaelian and Albanian Ethnicity: ES v. Serbia and Montenegro

Reassessment of Asylum Claims for Mixed Ashkaelian and Albanian Ethnicity: ES v. Serbia and Montenegro

Date: Sep 19, 2006
Reassessment of Asylum Claims for Mixed Ashkaelian and Albanian Ethnicity: ES v. Serbia and Montenegro Introduction The case of ES (Ashkaelians, mixed Ashkaelian ethnicity) Serbia and Montenegro CG...
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