United Kingdom Case Commentaries

Clarifying Equitable Set-Off and Interest Calculations in Advance Corporation Tax: Burton v. Mellham Ltd [2006] UKHL 06

Date: Feb 16, 2006

Clarifying Equitable Set-Off and Interest Calculations in Advance Corporation Tax: Burton v. Mellham Ltd [2006] UKHL 06 Introduction The case of Burton (Collector of Taxes) v. Mellham Ltd ([2006]...

Establishing the Limits of Internal Relocation in Refugee Claims: Januzi v. Secretary of State for the Home Department

Date: Feb 16, 2006

Establishing the Limits of Internal Relocation in Refugee Claims: Juniuzi v. Secretary of State for the Home Department Introduction Januzi v. Secretary of State for the Home Department & Ors ([2006]...

Divestiture Remedies in Merger Reviews: Somerfield PLC v. Competition Commission ([2006] CAT 4)

Date: Feb 14, 2006

Divestiture Remedies in Merger Reviews: Somerfield PLC v. Competition Commission ([2006] CAT 4) Introduction The case of Somerfield PLC v. Competition Commission ([2006] CAT 4) is a significant...

Guidelines for Tribunal's Discretion in Costs Awards: The British Horseracing Board v. Office of Fair Trading [2006] CAT 1

Date: Feb 9, 2006

Guidelines for Tribunal's Discretion in Costs Awards: The British Horseracing Board v. Office of Fair Trading [2006] CAT 1 Introduction The case of The British Horseracing Board (BHB) v. Office of...

House of Lords Establishes Key Precedent on Double Taxation Conventions and Community Law in Pirelli Cable Holding NV v Inland Revenue

Date: Feb 9, 2006

House of Lords Establishes Key Precedent on Double Taxation Conventions and Community Law in Pirelli Cable Holding NV v Inland Revenue Introduction The case of Pirelli Cable Holding NV & Ors v Inland...

Defining 'Truly Exceptional' in Article 8 Family Life Claims: Insights from SP (Pakistan) ([2006] UKAIT 10)

Date: Feb 9, 2006

Defining 'Truly Exceptional' in Article 8 Family Life Claims: Insights from SP (Pakistan) ([2006] UKAIT 10) Introduction The case of SP (Pakistan) ([2006] UKAIT 10) addresses the interplay between...

Comprehensive Commentary on Thornett v. Scope: A New Standard in Assessing Forward Loss in Unfair Dismissal Cases

Date: Feb 8, 2006

Comprehensive Commentary on Thornett v. Scope: A New Standard in Assessing Forward Loss in Unfair Dismissal Cases Introduction The case of Thornett v. Scope ([2006] UKEAT 0477_05_0702) marks a...

Bolton School v. Evans: Clarifying the Scope of Protected Disclosures and Constructive Dismissal

Date: Feb 8, 2006

Bolton School v. Evans: Clarifying the Scope of Protected Disclosures and Constructive Dismissal Introduction The case of Bolton School v. Evans ([2006] IRLR 500) revolves around the contentious...

Affirmation of Temporary Judges' Independence and Impartiality under Article 6 – Kearney v. Her Majesty's Advocate

Date: Feb 7, 2006

Affirmation of Temporary Judges' Independence and Impartiality under Article 6 – Kearney v. Her Majesty's Advocate Introduction Kearney v. Her Majesty's Advocate is a pivotal case adjudicated by the...

Limitation of Grounds in Reconsideration under Rule 62(7): UK Asylum and Immigration Tribunal Decision in STARRED JM (Liberia)

Date: Feb 7, 2006

Limitation of Grounds in Reconsideration under Rule 62(7): UK Asylum and Immigration Tribunal Decision in STARRED JM (Liberia) Introduction The case of STARRED JM (Rule 62(7); human rights...

Acquiescence as a Bar to Suspending Invalid Convictions: An Analysis of Ruddy & Ors v. Procurator Fiscal

Date: Feb 7, 2006

Acquiescence as a Bar to Suspending Invalid Convictions: An Analysis of Ruddy & Ors v. Procurator Fiscal Introduction The case of Ruddy & Ors v. Procurator Fiscal, Perth & Anor ([2006] UKPC D 2)...

Re-defining 'Working Time' in Employment Law: Insights from MacCartney v. Oversley House Management

Date: Feb 1, 2006

Re-defining 'Working Time' in Employment Law: Insights from MacCartney v. Oversley House Management Introduction The case of MacCartney v. Oversley House Management ([2006] IRLR 514) marks a...

Omission of Good Character Direction in Criminal Trials: Insights from Bhola v. The State Rev 1 (Trinidad and Tobago) [2006] UKPC 09

Date: Jan 31, 2006

Omission of Good Character Direction in Criminal Trials: Insights from Bhola v. The State Rev 1 ([2006] UKPC 09) Introduction The case of Bhola v. The State Rev 1 (Trinidad and Tobago) ([2006] UKPC...

Enhancing Family Reunion Policies for Refugees: Insights from HK v Somalia [2006]

Date: Jan 28, 2006

Enhancing Family Reunion Policies for Refugees: Insights from HK v Somalia [2006] Introduction The case of HK v Somalia [2006] Imm AR 320 serves as a pivotal judicial examination of the United...

Establishing Standards for Apparent Bias in Disability Appeal Tribunals: Gillies v. Secretary of State for Work and Pensions

Date: Jan 27, 2006

Establishing Standards for Apparent Bias in Disability Appeal Tribunals: Gillies v. Secretary of State for Work and Pensions Introduction Gillies v. Secretary of State for Work and Pensions ([2006] 1...

Expanding the Territorial Scope of Unfair Dismissal: Insights from Serco Ltd v. Lawson [2006] UKHL 03

Date: Jan 27, 2006

Expanding the Territorial Scope of Unfair Dismissal: Insights from Serco Ltd v. Lawson [2006] UKHL 03 Introduction Serco Ltd v. Lawson ([2006] UKHL 03) is a landmark decision by the United Kingdom...

Longworth R v: Conditional Discharges Do Not Trigger Notification Obligations under the Sex Offenders Act 1997

Date: Jan 27, 2006

Longworth R v: Conditional Discharges Do Not Trigger Notification Obligations under the Sex Offenders Act 1997 Introduction The case of Longworth R v ([2006] 2 Cr App R (S) 62) adjudicated by the...

Limiting Post-Decision Factors in Entry Clearance Appeals under Section 85(5) of the 2002 Act: SA v Pakistan [2006] Imm AR 313

Date: Jan 26, 2006

Limiting Post-Decision Factors in Entry Clearance Appeals under Section 85(5) of the 2002 Act: SA v Pakistan [2006] Imm AR 313 Introduction The case of SA (ambit of s.85(5) of 2002 Act) Pakistan...

Assessment of Real Risk in Asylum Claims Based on Military Service Evasion: BA (Sudan CG [2006] UKAIT 00006) Judgment Commentary

Date: Jan 26, 2006

Assessment of Real Risk in Asylum Claims Based on Military Service Evasion: BA (Sudan CG [2006] UKAIT 00006) Judgment Commentary Introduction The case of BA (military service, no risk) Sudan CG...

Refining the Assessment of Risk for Family Members of Former PDPA and KhaD Members: Insights from SO and SO (KhaD, members and family) Afghanistan CG ([2006] UKAIT 00003)

Date: Jan 25, 2006

Refining the Assessment of Risk for Family Members of Former PDPA and KhaD Members: Insights from SO and SO (KhaD, members and family) Afghanistan CG ([2006] UKAIT 00003) Introduction The case of SO...