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  • Commentaries

United Kingdom Case Commentaries

Enhanced Disclosure Obligations Under Article 6(1) in Sinclair v. HM Advocate: A New Precedent

Enhanced Disclosure Obligations Under Article 6(1) in Sinclair v. HM Advocate: A New Precedent

Date: May 12, 2005
Enhanced Disclosure Obligations Under Article 6(1) in Sinclair v. Her Majesty's Advocate: A New Precedent Introduction Sinclair v. Her Majesty's Advocate (Devolution) ([2005] HRLR 26) is a landmark...
Rigorous Standards in Assessing Risk of Inhuman Treatment: Insights from LJ (China – Prison Conditions) China ([2005] UKAIT 00099)

Rigorous Standards in Assessing Risk of Inhuman Treatment: Insights from LJ (China – Prison Conditions) China ([2005] UKAIT 00099)

Date: May 11, 2005
Rigorous Standards in Assessing Risk of Inhuman Treatment: Insights from LJ (China – Prison Conditions) China ([2005] UKAIT 00099) Introduction The case of LJ (China – Prison Conditions) China...
Hooper & Ors v Secretary of State for Work and Pensions: Upholding Parliamentary Sovereignty in Human Rights Claims

Hooper & Ors v Secretary of State for Work and Pensions: Upholding Parliamentary Sovereignty in Human Rights Claims

Date: May 6, 2005
Hooper & Ors v Secretary of State for Work and Pensions: Upholding Parliamentary Sovereignty in Human Rights Claims Introduction In the landmark case of Hooper & Ors v Secretary of State for Work and...
Only the Aggrieved Party May Appeal: Insights from AN (Only loser can appeal) Afghanistan ([2005] UKIAT 00097)

Only the Aggrieved Party May Appeal: Insights from AN (Only loser can appeal) Afghanistan ([2005] UKIAT 00097)

Date: May 6, 2005
Only the Aggrieved Party May Appeal: Insights from AN (Only loser can appeal) Afghanistan ([2005] UKIAT 00097) Introduction The case of AN (Only loser can appeal) Afghanistan ([2005] UKIAT 00097) is...
Limits of Article 3 in Deportation of HIV/AIDS Patients: House of Lords Decision in N v. Secretary of State for the Home Department [2005] UKHL 31

Limits of Article 3 in Deportation of HIV/AIDS Patients: House of Lords Decision in N v. Secretary of State for the Home Department [2005] UKHL 31

Date: May 6, 2005
Limits of Article 3 in Deportation of HIV/AIDS Patients: House of Lords Decision in N v. Secretary of State for the Home Department [2005] UKHL 31 Introduction The case of N v. Secretary of State for...
Discrimination in Tax Allowances: Wilkinson v Inland Revenue [2005] UKHL 30

Discrimination in Tax Allowances: Wilkinson v Inland Revenue [2005] UKHL 30

Date: May 6, 2005
Discrimination in Tax Allowances: Wilkinson v Inland Revenue [2005] UKHL 30 Introduction Wilkinson v Inland Revenue is a landmark case addressed by the United Kingdom House of Lords in 2005. The...
Ward v. Commissioner of Police for the Metropolis & Ors: Magistrate's Authority under Section 135 of the Mental Health Act 1983

Ward v. Commissioner of Police for the Metropolis & Ors: Magistrate's Authority under Section 135 of the Mental Health Act 1983

Date: May 6, 2005
Ward v. Commissioner of Police for the Metropolis & Ors: Magistrate's Authority under Section 135 of the Mental Health Act 1983 Introduction Ward v. Commissioner of Police for the Metropolis & Ors...
ZN (Warlords, CIPU List Not Comprehensive) Afghanistan: Credibility of Subjective Claims in Asylum Determinations Amid Limited Objective Evidence

ZN (Warlords, CIPU List Not Comprehensive) Afghanistan: Credibility of Subjective Claims in Asylum Determinations Amid Limited Objective Evidence

Date: May 4, 2005
ZN (Warlords, CIPU List Not Comprehensive) Afghanistan: Credibility of Subjective Claims in Asylum Determinations Amid Limited Objective Evidence Introduction The case of ZN (Warlords, CIPU list not...
Internal Relocation in Darfur Asylum Claims: AE (Relocation, Darfur, Khartoum an option) Sudan [2005] UKAIT 101

Internal Relocation in Darfur Asylum Claims: AE (Relocation, Darfur, Khartoum an option) Sudan [2005] UKAIT 101

Date: May 4, 2005
Internal Relocation in Darfur Asylum Claims: AE (Relocation, Darfur, Khartoum an option) Sudan [2005] UKAIT 101 Introduction The case of AE (Relocation, Darfur, Khartoum an option) Sudan [2005] UKAIT...
Equal Treatment in Competition Law: Argos Ltd & Anor v. Office Of Fair Trading ([2005] CAT 13)

Equal Treatment in Competition Law: Argos Ltd & Anor v. Office Of Fair Trading ([2005] CAT 13)

Date: Apr 30, 2005
Equal Treatment in Competition Law: Argos Ltd & Anor v. Office Of Fair Trading ([2005] CAT 13) Introduction The case of Argos Ltd & Anor v. Office Of Fair Trading (OFT) ([2005] CAT 13) is a pivotal...
Admissibility of Similar Fact Evidence in Civil Proceedings: Comprehensive Commentary on O'Brien v. Chief Constable of South Wales Police

Admissibility of Similar Fact Evidence in Civil Proceedings: Comprehensive Commentary on O'Brien v. Chief Constable of South Wales Police

Date: Apr 29, 2005
Admissibility of Similar Fact Evidence in Civil Proceedings: Comprehensive Commentary on O'Brien v. Chief Constable of South Wales Police Introduction The case of O'Brien v. Chief Constable of South...
Clarification of Trustee Obligations in Bond Acceleration Notices: Concord Trust v. Law Debenture Trust Corporation Plc [2005] UKHL 27

Clarification of Trustee Obligations in Bond Acceleration Notices: Concord Trust v. Law Debenture Trust Corporation Plc [2005] UKHL 27

Date: Apr 29, 2005
Clarification of Trustee Obligations in Bond Acceleration Notices Concord Trust v. Law Debenture Trust Corporation Plc [2005] UKHL 27 Introduction The case of Concord Trust v. Law Debenture Trust...
Broadening the Scope of IVF Licensing: Quintavalle v. Human Fertilisation and Embryology Authority and the Interpretation of 'Suitability'

Broadening the Scope of IVF Licensing: Quintavalle v. Human Fertilisation and Embryology Authority and the Interpretation of 'Suitability'

Date: Apr 29, 2005
Broadening the Scope of IVF Licensing: Quintavalle v. Human Fertilisation and Embryology Authority and the Interpretation of 'Suitability' Introduction Quintavalle v. Human Fertilisation and...
Clarifying the Standards for 'Substantial Other Reason' in Unfair Dismissal: Scott & Co v. Richardson

Clarifying the Standards for 'Substantial Other Reason' in Unfair Dismissal: Scott & Co v. Richardson

Date: Apr 27, 2005
Clarifying the Standards for 'Substantial Other Reason' in Unfair Dismissal: Scott & Co v. Richardson Introduction The case of Scott & Co v. Andrew Richardson ([2005] UKEAT 0074_04_2604) stands as a...
Ensuring Adjudicator Impartiality and Proper Evaluation of Psychiatric Evidence: A Comprehensive Analysis of XS (Kosovo) v UK Asylum and Immigration Tribunal

Ensuring Adjudicator Impartiality and Proper Evaluation of Psychiatric Evidence: A Comprehensive Analysis of XS (Kosovo) v UK Asylum and Immigration Tribunal

Date: Apr 27, 2005
Ensuring Adjudicator Impartiality and Proper Evaluation of Psychiatric Evidence: A Comprehensive Analysis of XS (Kosovo) v UK Asylum and Immigration Tribunal Introduction The case of XS (Kosovo) v...
Proportionality in Asylum Decisions: Insights from MB (Huang, Proportionality, Bulletins) Croatia ([2005] UKAIT 00092)

Proportionality in Asylum Decisions: Insights from MB (Huang, Proportionality, Bulletins) Croatia ([2005] UKAIT 00092)

Date: Apr 26, 2005
Proportionality in Asylum Decisions: Insights from MB (Huang, Proportionality, Bulletins) Croatia ([2005] UKAIT 00092) Introduction The case of MB (Huang, Proportionality, Bulletins) Croatia ([2005]...
Privy Council Upholds Criminal Standard of Proof in Professional Misconduct: Campbell v. Hamlet

Privy Council Upholds Criminal Standard of Proof in Professional Misconduct: Campbell v. Hamlet

Date: Apr 26, 2005
Privy Council Upholds Criminal Standard of Proof in Professional Misconduct: Campbell v. Hamlet Introduction Campbell v. Hamlet ([2005] UKPC 19) is a landmark case heard by the Privy Council that...
RA (Christians) Iraq CG Judgment: Reassessing Risk for Christian Asylum Seekers in Iraq

RA (Christians) Iraq CG Judgment: Reassessing Risk for Christian Asylum Seekers in Iraq

Date: Apr 23, 2005
RA (Christians) Iraq CG Judgment: Reassessing Risk for Christian Asylum Seekers in Iraq 1. Introduction The case of RA (Christians) Iraq CG ([2005] UKAIT 00091) involves an appellant, Mr. Al-Najaar,...
Bantu Minority in Somalia: Not Generally at Risk – Comprehensive Commentary on DJ (Bantu, not generally at risk) Somalia CG ([2005] UKAIT 00089)

Bantu Minority in Somalia: Not Generally at Risk – Comprehensive Commentary on DJ (Bantu, not generally at risk) Somalia CG ([2005] UKAIT 00089)

Date: Apr 23, 2005
Bantu Minority in Somalia: Not Generally at Risk – Comprehensive Commentary on DJ (Bantu, not generally at risk) Somalia CG ([2005] UKAIT 00089) Introduction The case DJ (Bantu, not generally at...
Upholding Immigration Integrity Over Family Ties: A Comprehensive Analysis of MA (Seven Year Child Concession) Pakistan ([2005] UKIAT 00090)

Upholding Immigration Integrity Over Family Ties: A Comprehensive Analysis of MA (Seven Year Child Concession) Pakistan ([2005] UKIAT 00090)

Date: Apr 23, 2005
Upholding Immigration Integrity Over Family Ties: A Comprehensive Analysis of MA (Seven Year Child Concession) Pakistan ([2005] UKIAT 00090) Introduction The case of MA (Seven Year Child Concession)...
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