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  • Commentaries

United Kingdom Case Commentaries

Adopting the Subjective Test in Part-Time Worker Discrimination Cases: Gibson v. The Scottish Ambulance Service

Adopting the Subjective Test in Part-Time Worker Discrimination Cases: Gibson v. The Scottish Ambulance Service

Date: Dec 17, 2004
Adopting the Subjective Test in Part-Time Worker Discrimination Cases: Gibson v. The Scottish Ambulance Service Introduction Gibson v. The Scottish Ambulance Service ([2004] UKEAT 0052_04_1612) is a...
Credibility Assessment and the Limited Role of Psychiatric Reports in Asylum Claims: Insights from HE (DRC) [2005] Imm AR 119

Credibility Assessment and the Limited Role of Psychiatric Reports in Asylum Claims: Insights from HE (DRC) [2005] Imm AR 119

Date: Dec 17, 2004
Credibility Assessment and the Limited Role of Psychiatric Reports in Asylum Claims: Insights from HE (DRC) [2005] Imm AR 119 Introduction The case of HE (DRC) ([2005] Imm AR 119) before the United...
Tyne & Wear Autistic Society v. Smith: Establishing the Validity of Electronic Applications in Employment Tribunals

Tyne & Wear Autistic Society v. Smith: Establishing the Validity of Electronic Applications in Employment Tribunals

Date: Dec 17, 2004
Tyne & Wear Autistic Society v. Smith: Establishing the Validity of Electronic Applications in Employment Tribunals Introduction The case of Tyne & Wear Autistic Society v. Smith ([2005] ICR 663)...
Expansion of Vicarious Liability in Intentional Torts: Brown v Robinson & Anor (Jamaica) [2004] UKPC 56

Expansion of Vicarious Liability in Intentional Torts: Brown v Robinson & Anor (Jamaica) [2004] UKPC 56

Date: Dec 15, 2004
Expansion of Vicarious Liability in Intentional Torts: Brown v Robinson & Anor (Jamaica) [2004] UKPC 56 Introduction Brown v Robinson & Anor (Jamaica) [2004] UKPC 56 is a pivotal judicial decision...
Credit for Earnings During Notice Period in Unfair Dismissal: Voith Turbo Ltd v. Stowe

Credit for Earnings During Notice Period in Unfair Dismissal: Voith Turbo Ltd v. Stowe

Date: Dec 14, 2004
Credit for Earnings During Notice Period in Unfair Dismissal: Voith Turbo Ltd v. Stowe Introduction The case of Voith Turbo Ltd v. Stowe ([2005] IRLR 228) adjudicated by the United Kingdom Employment...
BT v. OFCOM [2004] CAT 23: Confidentiality in Interconnection Agreements

BT v. OFCOM [2004] CAT 23: Confidentiality in Interconnection Agreements

Date: Dec 10, 2004
BT v. OFCOM [2004] CAT 23: Confidentiality in Interconnection Agreements Introduction The case of British Telecommunications Plc (BT) versus the Office of Communications (OFCOM) adjudicated by the...
Discriminatory Practices Against Roma at Prague Airport: A Landmark Judgment

Discriminatory Practices Against Roma at Prague Airport: A Landmark Judgment

Date: Dec 10, 2004
Discriminatory Practices Against Roma at Prague Airport: A Landmark Judgment Introduction In European Roma Rights Centre & Ors, R (on the application of) v. Immigration Officer at Prague Airport &...
Contextual Interpretation in Settlement Agreements: Sirius International Insurance Co v. FAI General Insurance Ltd & Ors

Contextual Interpretation in Settlement Agreements: Sirius International Insurance Co v. FAI General Insurance Ltd & Ors

Date: Dec 3, 2004
Contextual Interpretation in Settlement Agreements: Sirius International Insurance Co v. FAI General Insurance Ltd & Ors Introduction The case of Sirius International Insurance Co v. FAI General...
IK Turkey CG Judgment: Defining the Scope of GBTS and Assessing Internal Relocation in Asylum Claims

IK Turkey CG Judgment: Defining the Scope of GBTS and Assessing Internal Relocation in Asylum Claims

Date: Dec 3, 2004
IK Turkey CG Judgment: Defining the Scope of GBTS and Assessing Internal Relocation in Asylum Claims Introduction The IK (Returnees, Records, IFA) Turkey CG ([2004] UKIAT 00312) judgment delivered by...
Precedent on Asylum Claims for Political Activists: MF (SCNC, Risk on Return) Cameroon [2004] UKIAT 00341

Precedent on Asylum Claims for Political Activists: MF (SCNC, Risk on Return) Cameroon [2004] UKIAT 00341

Date: Nov 30, 2004
Precedent on Asylum Claims for Political Activists: MF (SCNC, Risk on Return) Cameroon [2004] UKIAT 00341 Introduction The case of MF (SCNC, Risk on Return) Cameroon ([2004] UKIAT 00341) is a...
Reinforcing the Ramsay Principle: Inland Revenue v. Scottish Provident Institution

Reinforcing the Ramsay Principle: Inland Revenue v. Scottish Provident Institution

Date: Nov 26, 2004
Reinforcing the Ramsay Principle: Inland Revenue v. Scottish Provident Institution Introduction The case of Inland Revenue v. Scottish Provident Institution ([2005] WLR 3172) stands as a pivotal...
Capital Allowances and Anti-Tax Avoidance: An Analysis of Barclays Mercantile Business Finance Ltd v Mawson (2004) UKHL 51

Capital Allowances and Anti-Tax Avoidance: An Analysis of Barclays Mercantile Business Finance Ltd v Mawson (2004) UKHL 51

Date: Nov 26, 2004
Capital Allowances and Anti-Tax Avoidance: An Analysis of Barclays Mercantile Business Finance Ltd v Mawson (2004) UKHL 51 Introduction The case of Barclays Mercantile Business Finance Ltd v Mawson...
Personal Administration of Drugs by NHS Doctors Exempt from VAT: House of Lords in Beynon and Partners v Customs & Excise

Personal Administration of Drugs by NHS Doctors Exempt from VAT: House of Lords in Beynon and Partners v Customs & Excise

Date: Nov 26, 2004
Personal Administration of Drugs by NHS Doctors Exempt from VAT: House of Lords in Beynon and Partners v Customs & Excise Introduction The case of Beynon and Partners v Customs & Excise ([2004] 4 All...
R v Montila & Ors [2004] WLR 3141: Clarifying the Actus Reus in Money Laundering Offences

R v Montila & Ors [2004] WLR 3141: Clarifying the Actus Reus in Money Laundering Offences

Date: Nov 26, 2004
R v Montila & Ors [2004] WLR 3141: Clarifying the Actus Reus in Money Laundering Offences Introduction The case of Regina v. Montila and others ([2004] WLR 3141) is a seminal judgment delivered by...
Proper Sequencing in Credibility Assessments: Insights from MT v Syria [2004] UKIAT 307

Proper Sequencing in Credibility Assessments: Insights from MT v Syria [2004] UKIAT 307

Date: Nov 26, 2004
Proper Sequencing in Credibility Assessments: Insights from MT v Syria [2004] UKIAT 307 Introduction The case of MT (Credibility assessment flawed, Virjon B applied) Syria ([2004] UKIAT 307) was...
Scottish Provident Institution v. Inland Revenue Commissioners: Reaffirmation of the Ramsay Principle in the Context of Composite Transaction Tax Avoidance Schemes

Scottish Provident Institution v. Inland Revenue Commissioners: Reaffirmation of the Ramsay Principle in the Context of Composite Transaction Tax Avoidance Schemes

Date: Nov 26, 2004
Scottish Provident Institution v. Inland Revenue Commissioners: Reaffirmation of the Ramsay Principle in the Context of Composite Transaction Tax Avoidance Schemes Introduction The case of Scottish...
Capital Allowances in Complex Finance Leasing Schemes: House of Lords Decision in Barclays Mercantile Business Finance Ltd v HM Inspector of Taxes

Capital Allowances in Complex Finance Leasing Schemes: House of Lords Decision in Barclays Mercantile Business Finance Ltd v HM Inspector of Taxes

Date: Nov 26, 2004
Capital Allowances in Complex Finance Leasing Schemes: House of Lords Decision in Barclays Mercantile Business Finance Ltd v HM Inspector of Taxes Introduction The case of Barclays Mercantile...
Affirmation of Carrier Liability Allocation under Hague-Visby Rules: Jindal Iron and Steel Co Ltd v Islamic Solidarity Shipping Company Jordan Inc

Affirmation of Carrier Liability Allocation under Hague-Visby Rules: Jindal Iron and Steel Co Ltd v Islamic Solidarity Shipping Company Jordan Inc

Date: Nov 26, 2004
Affirmation of Carrier Liability Allocation under Hague-Visby Rules Introduction The case of Jindal Iron and Steel Co Ltd & Ors v. Islamic Solidarity Shipping Company Jordan Inc ([2005] 1 WLR 1363)...
VK (Marriage of Convenience) Kenya: Defining "Marriage of Convenience" in EEA Immigration Law

VK (Marriage of Convenience) Kenya: Defining "Marriage of Convenience" in EEA Immigration Law

Date: Nov 25, 2004
VK (Marriage of Convenience) Kenya: Defining "Marriage of Convenience" in EEA Immigration Law Introduction The case of VK (Marriage of Convenience) Kenya ([2004] UKIAT 305) revolves around the...
Establishing Genuine Rolled-Up Holiday Pay: Insights from Smith v Morrisroes & Sons Ltd

Establishing Genuine Rolled-Up Holiday Pay: Insights from Smith v Morrisroes & Sons Ltd

Date: Nov 23, 2004
Establishing Genuine Rolled-Up Holiday Pay: Insights from Smith v Morrisroes & Sons Ltd Introduction The case of Smith v Morrisroes & Sons Ltd ([2004] UKEAT 0563_04_2211) presents a pivotal moment in...
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