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  • Commentaries

United Kingdom Case Commentaries

Judgment Commentary: Establishing Judicial Discretion in Capital Sentencing

Judgment Commentary: Establishing Judicial Discretion in Capital Sentencing

Date: Mar 9, 2006
Establishing Judicial Discretion in Capital Sentencing: Bowe (Junior) & Anor v. R Rev 1 (Bahamas) [2006] WLR 1623 Introduction The case of Bowe (Junior) & Anor v. R Rev 1 (Bahamas), adjudicated by...
Unjustifiable Discrimination in Child Support Calculations: Extending Human Rights Protections to Same-Sex Partnerships

Unjustifiable Discrimination in Child Support Calculations: Extending Human Rights Protections to Same-Sex Partnerships

Date: Mar 9, 2006
Unjustifiable Discrimination in Child Support Calculations: Extending Human Rights Protections to Same-Sex Partnerships Introduction The case of Secretary of State for Work and Pensions v. M ([2006]...
Affirming the Legality of Anti-Terrorism Stop and Search Powers under the Terrorism Act 2000

Affirming the Legality of Anti-Terrorism Stop and Search Powers under the Terrorism Act 2000

Date: Mar 9, 2006
Affirming the Legality of Anti-Terrorism Stop and Search Powers under the Terrorism Act 2000 Introduction The case of Gillan, R (on the application of) v. Commissioner of Police for the Metropolis &...
Reaffirming Individual Assessment in Sectors-Based Immigration: AA and Others v UK Asylum and Immigration Tribunal

Reaffirming Individual Assessment in Sectors-Based Immigration: AA and Others v UK Asylum and Immigration Tribunal

Date: Mar 9, 2006
Reaffirming Individual Assessment in Sectors-Based Immigration: AA and Others v UK Asylum and Immigration Tribunal Introduction The case of AA and Others (Sectors Based Work: General Principles)...
Reaffirming Property Rights: Kay & Anor v. London Borough of Lambeth & Ors (2006)

Reaffirming Property Rights: Kay & Anor v. London Borough of Lambeth & Ors (2006)

Date: Mar 9, 2006
Reaffirming Property Rights: Kay & Anor v. London Borough of Lambeth & Ors (2006) Introduction The case of Kay & Anor v. London Borough of Lambeth & Ors ([2006] 2 WLR 570) represents a significant...
Impact of TUPE on Statutory Time Limits: Powerhouse Retail Ltd v Burroughs Analysis

Impact of TUPE on Statutory Time Limits: Powerhouse Retail Ltd v Burroughs Analysis

Date: Mar 9, 2006
Impact of TUPE on Statutory Time Limits: Powerhouse Retail Ltd v Burroughs Analysis Introduction The case of Powerhouse Retail Ltd & Ors v. Burroughs & Ors ([2006] 3 All ER 193) was adjudicated by...
Dependency Alone Insufficient: Clarifying Discretion under EEA Regulation 10(1)

Dependency Alone Insufficient: Clarifying Discretion under EEA Regulation 10(1)

Date: Mar 8, 2006
Dependency Alone Insufficient: Clarifying Discretion under EEA Regulation 10(1) Introduction The case of SY and Others (EEA regulation 10(1), dependency alone insufficient) Sri Lanka ([2006] UKAIT...
Knapton & Ors v. ECC Card Clothing Ltd: Reinforcing Compensation Principles in Unfair Dismissal Cases

Knapton & Ors v. ECC Card Clothing Ltd: Reinforcing Compensation Principles in Unfair Dismissal Cases

Date: Mar 8, 2006
Knapton & Ors v. ECC Card Clothing Ltd: Reinforcing Compensation Principles in Unfair Dismissal Cases Introduction Knapton & Ors v. ECC Card Clothing Ltd ([2006] UKEAT 0664_05_0703) is a pivotal case...
Silman v. ICTS (UK) Ltd: Establishing Procedural Fairness under Section 98A of the Employment Rights Act 1996

Silman v. ICTS (UK) Ltd: Establishing Procedural Fairness under Section 98A of the Employment Rights Act 1996

Date: Mar 7, 2006
Silman v. ICTS (UK) Ltd: Establishing Procedural Fairness under Section 98A of the Employment Rights Act 1996 Introduction Silman v. ICTS (UK) Ltd ([2006] UKEAT 0630_05_0603) is a pivotal case...
PN (Lord's Resistance Army) Uganda CG [2006]: Establishing Credibility Standards in Asylum Claims

PN (Lord's Resistance Army) Uganda CG [2006]: Establishing Credibility Standards in Asylum Claims

Date: Mar 7, 2006
PN (Lord's Resistance Army) Uganda CG [2006]: Establishing Credibility Standards in Asylum Claims Introduction The case of PN (Lord's Resistance Army) Uganda CG [2006] UKAIT 00022 presents a pivotal...
Clarification on Grievance Procedures under Employment Act 2002: Canary Wharf v. Edebi Sets New Precedent on Disability Discrimination Claims

Clarification on Grievance Procedures under Employment Act 2002: Canary Wharf v. Edebi Sets New Precedent on Disability Discrimination Claims

Date: Mar 4, 2006
Clarification on Grievance Procedures under Employment Act 2002: Canary Wharf v. Edebi Sets New Precedent on Disability Discrimination Claims Introduction The case of Canary Wharf Management Ltd v....
Establishing Goodwill as a Separate Asset for Rollover Relief: Balloon Promotions Ltd & Ors v Revenue and Customs ([2006] UKSPC SPC00524)

Establishing Goodwill as a Separate Asset for Rollover Relief: Balloon Promotions Ltd & Ors v Revenue and Customs ([2006] UKSPC SPC00524)

Date: Mar 4, 2006
Establishing Goodwill as a Separate Asset for Rollover Relief Introduction The case of Balloon Promotions Ltd & Ors v. Revenue and Customs ([2006] UKSPC SPC00524) addresses a pivotal issue in the...
Haward v. Fawcetts: Establishing the Knowledge Required for Limitation Periods in Negligence Claims

Haward v. Fawcetts: Establishing the Knowledge Required for Limitation Periods in Negligence Claims

Date: Mar 2, 2006
Haward v. Fawcetts: Establishing the Knowledge Required for Limitation Periods in Negligence Claims Introduction The case of Haward & Ors v. Fawcetts (a firm) & Ors ([2007] Lloyd's Rep PN 19)...
Defining Comparable Employment Contracts under Part-time Workers Regulations: Matthews v. Kent Fire Authorities

Defining Comparable Employment Contracts under Part-time Workers Regulations: Matthews v. Kent Fire Authorities

Date: Mar 2, 2006
Defining Comparable Employment Contracts under Part-time Workers Regulations: Matthews v. Kent Fire Authorities Introduction Matthews & Ors v. Kent and Medway Towns and Fire Authority & Ors ([2006]...
Proportionality in Immigration Removal: EY v. UK Asylum and Immigration Tribunal (2006)

Proportionality in Immigration Removal: EY v. UK Asylum and Immigration Tribunal (2006)

Date: Mar 1, 2006
Proportionality in Immigration Removal: EY v. UK Asylum and Immigration Tribunal (2006) Introduction The case of EY (Asylum Determinations, Date of Service) revolves around the appeal of an Iraqi...
Interpretation of "On a Regular Basis" under Immigration Rule 159A(ii): Insights from NG v. Bulgaria [2006] UKAIT 20

Interpretation of "On a Regular Basis" under Immigration Rule 159A(ii): Insights from NG v. Bulgaria [2006] UKAIT 20

Date: Mar 1, 2006
Interpretation of "On a Regular Basis" under Immigration Rule 159A(ii): Insights from NG v. Bulgaria [2006] UKAIT 20 Introduction The case of NG (on a regular basis, para 159A(ii)) Bulgaria ([2006]...
Jurisdictional Constraints on Norwich Pharmacal Relief in Foreign Sovereign Contexts

Jurisdictional Constraints on Norwich Pharmacal Relief in Foreign Sovereign Contexts

Date: Feb 28, 2006
Jurisdictional Constraints on Norwich Pharmacal Relief in Foreign Sovereign Contexts Introduction The case of The President of the State of Equatorial Guinea & Anor v. Bank of Scotland International...
Clarificatory Interventions by Immigration Adjudicators: Best Practices Established in SA [2006] UKAIT 00017

Clarificatory Interventions by Immigration Adjudicators: Best Practices Established in SA [2006] UKAIT 00017

Date: Feb 28, 2006
Clarificatory Interventions by Immigration Adjudicators: Best Practices Established in SA [2006] UKAIT 00017 Introduction The case of SA [2006] UKAIT 00017 presents a significant examination of the...
Expanding the Scope of Tribunal Case Management: Hart v. English Heritage [2006]

Expanding the Scope of Tribunal Case Management: Hart v. English Heritage [2006]

Date: Feb 24, 2006
Expanding the Scope of Tribunal Case Management: Hart v. English Heritage [2006] Introduction The case of Hart v. English Heritage ([2006] UKEAT 0055_06_2302) presents a pivotal examination of the...
Reconsideration Procedures in Immigration Appeals: Application of Wani in JA (Ecuador) Case

Reconsideration Procedures in Immigration Appeals: Application of Wani in JA (Ecuador) Case

Date: Feb 23, 2006
Reconsideration Procedures in Immigration Appeals: Application of Wani in JA (Ecuador) Case Introduction The case of JA (Practice on reconsideration: Wani applied) Ecuador ([2006] UKAIT 13) before...
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