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  • Commentaries

United Kingdom Case Commentaries

Continuing Review Mandate for Juvenile HMP Detainees: Smith v. Secretary of State [2005]

Continuing Review Mandate for Juvenile HMP Detainees: Smith v. Secretary of State [2005]

Date: Jul 29, 2005
Continuing Review Mandate for Juvenile HMP Detainees: Smith v. Secretary of State [2005] Introduction The case Smith, R (on the application of) v. Secretary of State for the Home Department ([2005] 3...
Clarifying VAT Classification and Community Law Rights: Insights from Marks and Spencer Plc v. Customs and Excise

Clarifying VAT Classification and Community Law Rights: Insights from Marks and Spencer Plc v. Customs and Excise

Date: Jul 29, 2005
Clarifying VAT Classification and Community Law Rights: Insights from Marks and Spencer Plc v. Customs and Excise Introduction The case of Marks and Spencer Plc v. Customs and Excise ([2005] BVC 503)...
Implications of R v. Becouarn on Adverse Inferences and Defendant Silence: A Comprehensive Commentary

Implications of R v. Becouarn on Adverse Inferences and Defendant Silence: A Comprehensive Commentary

Date: Jul 29, 2005
Implications of R v. Becouarn on Adverse Inferences and Defendant Silence: A Comprehensive Commentary Introduction The case of R v. Becouarn ([2005] 1 WLR 2589) represents a pivotal moment in the...
Autologic Holdings plc & Ors v. Commissioners of Inland Revenue: Establishing Jurisdictional Boundaries for Group Relief Claims under Community Law

Autologic Holdings plc & Ors v. Commissioners of Inland Revenue: Establishing Jurisdictional Boundaries for Group Relief Claims under Community Law

Date: Jul 29, 2005
Autologic Holdings plc & Ors v. Commissioners of Inland Revenue: Establishing Jurisdictional Boundaries for Group Relief Claims under Community Law Introduction The case of Autologic Holdings plc &...
Dudson v. Secretary of State for the Home Department: Upholding Procedural Fairness in Tariff Reviews

Dudson v. Secretary of State for the Home Department: Upholding Procedural Fairness in Tariff Reviews

Date: Jul 29, 2005
Dudson v. Secretary of State for the Home Department: Upholding Procedural Fairness in Tariff Reviews Introduction Dudson v. Secretary of State for the Home Department ([2005] UKHL 52) is a seminal...
Affirming Quasi-State Clan Protection under Refugee Convention: DM v. Somalia [2005] UKAIT 150

Affirming Quasi-State Clan Protection under Refugee Convention: DM v. Somalia [2005] UKAIT 150

Date: Jul 28, 2005
Affirming Quasi-State Clan Protection under Refugee Convention: DM v. Somalia [2005] UKAIT 150 Introduction The case of DM v. Somalia ([2005] UKAIT 150) presented before the United Kingdom Asylum and...
Strict Adherence to EAT Fax Receipt Logs Affirmed in J P Garrett Electrical Ltd v. Cotton

Strict Adherence to EAT Fax Receipt Logs Affirmed in J P Garrett Electrical Ltd v. Cotton

Date: Jul 27, 2005
Strict Adherence to EAT Fax Receipt Logs Affirmed in J P Garrett Electrical Ltd v. Cotton Introduction The case of J P Garrett Electrical Ltd v. Cotton ([2005] UKEAT 0534_05_2607) presents a pivotal...
Jurisdiction to Set Aside Default Judgments After Damage Assessment: Strachan v. The Gleaner Company Ltd & Anor (Jamaica) [2005]

Jurisdiction to Set Aside Default Judgments After Damage Assessment: Strachan v. The Gleaner Company Ltd & Anor (Jamaica) [2005]

Date: Jul 26, 2005
Jurisdiction to Set Aside Default Judgments After Damage Assessment: Strachan v. The Gleaner Company Ltd & Anor (Jamaica) [2005] Introduction Strachan v. The Gleaner Company Ltd & Anor is a seminal...
Expansion of Risk Categories in UK Asylum Law: Recognition of Tutsi Ethnicity in DRC

Expansion of Risk Categories in UK Asylum Law: Recognition of Tutsi Ethnicity in DRC

Date: Jul 22, 2005
Expansion of Risk Categories in UK Asylum Law: Recognition of Tutsi Ethnicity in DRC Introduction The case of AB and DM versus the United Kingdom Asylum and Immigration Tribunal, adjudicated on July...
Clarifying the Elements of Public Nuisance: R v. Rimmington [2006]

Clarifying the Elements of Public Nuisance: R v. Rimmington [2006]

Date: Jul 22, 2005
Clarifying the Elements of Public Nuisance: R v. Rimmington [2006] Introduction The case of R v. Rimmington ([2006] Crim LR 153) represents a significant landmark in the interpretation of the common...
Knight & Anor, R v: Clarifying Postponement Requirements in Confiscation Proceedings

Knight & Anor, R v: Clarifying Postponement Requirements in Confiscation Proceedings

Date: Jul 22, 2005
Knight & Anor, R v: Clarifying Postponement Requirements in Confiscation Proceedings Introduction The case of Knights & Anor, R v ([2005] 3 WLR 330) was adjudicated by the United Kingdom House of...
Enhancing the Confiscation Regime: Soneji & Anor v R ([2005] HL 49) and the Abandonment of Mandatory/Directory Distinctions

Enhancing the Confiscation Regime: Soneji & Anor v R ([2005] HL 49) and the Abandonment of Mandatory/Directory Distinctions

Date: Jul 22, 2005
Enhancing the Confiscation Regime: Soneji & Anor v R ([2005] HL 49) and the Abandonment of Mandatory/Directory Distinctions 1. Introduction The case of Soneji & Anor v R ([2005] HL 49) represents a...
Clarifying the Scope of Public Nuisance: Rimmington v. UK [2005] UKHL 63

Clarifying the Scope of Public Nuisance: Rimmington v. UK [2005] UKHL 63

Date: Jul 22, 2005
Clarifying the Scope of Public Nuisance: Rimmington v. UK [2005] UKHL 63 Introduction The landmark case of Rimmington, R v ([2005] UKHL 63) deliberated significant questions surrounding the common...
Establishing the Burden of Proof in Detriment Claims Under Section 146 TULR(C)A: Yewdall v. Secretary of State For Work & Pensions

Establishing the Burden of Proof in Detriment Claims Under Section 146 TULR(C)A: Yewdall v. Secretary of State For Work & Pensions

Date: Jul 20, 2005
Establishing the Burden of Proof in Detriment Claims Under Section 146 TULR(C)A: Yewdall v. Secretary of State For Work & Pensions Introduction Yewdall v. Secretary of State For Work & Pensions is a...
Reverter Rights under the School Sites Act 1841: Insights from Fraser & Anor v. Canterbury Diocesan Board of Finance & Ors [2005] UKHL 65

Reverter Rights under the School Sites Act 1841: Insights from Fraser & Anor v. Canterbury Diocesan Board of Finance & Ors [2005] UKHL 65

Date: Jul 19, 2005
Reverter Rights under the School Sites Act 1841: Insights from Fraser & Anor v. Canterbury Diocesan Board of Finance & Ors [2005] UKHL 65 Introduction The case of Fraser & Anor v. Canterbury Diocesan...
Cost Allocation Principles in Competition Appeals: Insights from Umbro Holdings Ltd v. Office of Fair Trading

Cost Allocation Principles in Competition Appeals: Insights from Umbro Holdings Ltd v. Office of Fair Trading

Date: Jul 16, 2005
Cost Allocation Principles in Competition Appeals: Insights from Umbro Holdings Ltd v. Office of Fair Trading ([2005] CAT 26) Introduction The case of Umbro Holdings Ltd v. Office of Fair Trading...
Kehoe v Secretary of State for Work and Pensions: Defining the Limits of Civil Rights in Child Maintenance Enforcement under the Child Support Act 1991

Kehoe v Secretary of State for Work and Pensions: Defining the Limits of Civil Rights in Child Maintenance Enforcement under the Child Support Act 1991

Date: Jul 15, 2005
Kehoe v Secretary of State for Work and Pensions: Defining the Limits of Civil Rights in Child Maintenance Enforcement under the Child Support Act 1991 Introduction The case of Kehoe v Secretary of...
Employment Tribunal's Reinforcement of Discretion Principles in Default Judgment Reviews

Employment Tribunal's Reinforcement of Discretion Principles in Default Judgment Reviews

Date: Jul 12, 2005
Employment Tribunal's Reinforcement of Discretion Principles in Default Judgment Reviews Introduction The case of Pendragon Plc (t/a CD Bramall Bradford) v. Gary Copus ([2005] UKEAT 0317_05_1107)...
Risk Assessment for Homosexual Asylum Seekers from Iran: RM and BB (Homosexuals) Iran CG Commentary

Risk Assessment for Homosexual Asylum Seekers from Iran: RM and BB (Homosexuals) Iran CG Commentary

Date: Jul 9, 2005
Risk Assessment for Homosexual Asylum Seekers from Iran: RM and BB (Homosexuals) Iran CG Commentary Introduction The case of RM and BB, both Iranian nationals, presented significant legal questions...
Tax Deductibility of Potential Emoluments: Insights from HM Inspector of Taxes v. Dextra Accessories Ltd

Tax Deductibility of Potential Emoluments: Insights from HM Inspector of Taxes v. Dextra Accessories Ltd

Date: Jul 8, 2005
Tax Deductibility of Potential Emoluments: Insights from HM Inspector of Taxes v. Dextra Accessories Ltd Introduction The case of HM Inspector of Taxes v. Dextra Accessories Ltd ([2005] Pens LR 395)...
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