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  • Commentaries

United Kingdom Case Commentaries

Chester v Afshar: Expanding Causation Principles in Medical Negligence Cases

Chester v Afshar: Expanding Causation Principles in Medical Negligence Cases

Date: Oct 15, 2004
Chester v Afshar: Expanding Causation Principles in Medical Negligence Cases Introduction Chester v Afshar ([2004] 4 All ER 587) is a landmark decision by the United Kingdom House of Lords that has...
Preserving Fair Trial Rights: Judicial Authority to Investigate Telecommunication Interception under RIPA 2000

Preserving Fair Trial Rights: Judicial Authority to Investigate Telecommunication Interception under RIPA 2000

Date: Oct 15, 2004
Preserving Fair Trial Rights: Judicial Authority to Investigate Telecommunication Interception under RIPA 2000 Introduction The case of Attorney General's Reference No 5 of 2002 ([2005] 1 AC 167)...
Ministerial Declarations and Due Process in Immigration Detention: Insights from Naidike v Attorney General of Trinidad and Tobago

Ministerial Declarations and Due Process in Immigration Detention: Insights from Naidike v Attorney General of Trinidad and Tobago

Date: Oct 13, 2004
Ministerial Declarations and Due Process in Immigration Detention: Insights from Naidike v Attorney General of Trinidad and Tobago Introduction Naidike & Ors v Attorney General of Trinidad and Tobago...
Privy Council Upholds State's Vicarious Liability in Bernard v. Attorney General of Jamaica

Privy Council Upholds State's Vicarious Liability in Bernard v. Attorney General of Jamaica

Date: Oct 8, 2004
Privy Council Upholds State's Vicarious Liability in Bernard v. Attorney General of Jamaica Introduction The case of Bernard v. Attorney General of Jamaica ([2005] IRLR 398) represents a significant...
Evaluation of Asylum Claims: Weighting of Translations and Applicant’s Demeanor in the WK Case

Evaluation of Asylum Claims: Weighting of Translations and Applicant’s Demeanor in the WK Case

Date: Oct 5, 2004
Evaluation of Asylum Claims: Weighting of Translations and Applicant’s Demeanor in the WK Case Introduction The case of WK (Credibility, Hizb-i-Islami, Pashtuns, Kabul) Afghanistan ([2004] UKIAT...
Indirect Assurances and Complaints as Cartel Conduct: CAT clarifies civil standard of proof and the scope of “agreement” and “concerted practice” in JJB Sports plc v OFT

Indirect Assurances and Complaints as Cartel Conduct: CAT clarifies civil standard of proof and the scope of “agreement” and “concerted practice” in JJB Sports plc v OFT

Date: Oct 2, 2004
Indirect Assurances and Complaints as Cartel Conduct: CAT clarifies civil standard of proof and the scope of “agreement” and “concerted practice” in JJB Sports plc v OFT Case: JJB Sports plc v Office...
Disproportionate Interference with Family Life in Immigration Removal: AM v. UKIAT

Disproportionate Interference with Family Life in Immigration Removal: AM v. UKIAT

Date: Oct 1, 2004
Disproportionate Interference with Family Life in Immigration Removal: AM v. UKIAT Introduction The case of AM (Inability to make entry clearance application) Somalia ([2004] UKIAT 00276) was...
Credibility and Expert Evidence in Asylum Tribunals: Insights from RS (Hezbe Islami, Expert Evidence) Afghanistan [2004] UKIAT 278

Credibility and Expert Evidence in Asylum Tribunals: Insights from RS (Hezbe Islami, Expert Evidence) Afghanistan [2004] UKIAT 278

Date: Oct 1, 2004
Credibility and Expert Evidence in Asylum Tribunals: Insights from RS (Hezbe Islami, Expert Evidence) Afghanistan [2004] UKIAT 278 Introduction The RS (Hezbe Islami, Expert Evidence) Afghanistan...
Rwandan Heritage and Risk of Persecution in Asylum Law: VK v Home Department [2004] UKIAT337

Rwandan Heritage and Risk of Persecution in Asylum Law: VK v Home Department [2004] UKIAT337

Date: Sep 30, 2004
Rwandan Heritage and Risk of Persecution in Asylum Law: VK v Home Department [2004] UKIAT337 Introduction The case of VK (Risk on return, Rwandan heritage) v Secretary of State for the Home...
Rahanweyn Clan: Reclassification from Minority to Non-Minority and Its Implications for Asylum Claims

Rahanweyn Clan: Reclassification from Minority to Non-Minority and Its Implications for Asylum Claims

Date: Sep 29, 2004
Rahanweyn Clan: Reclassification from Minority to Non-Minority and Its Implications for Asylum Claims Introduction The case of SH (Rahanweyn not a minority clan) Somalia CG ([2004] UKIAT 00272)...
Imminence of Removal and Human Rights Jurisdiction: AR Iraq ([2004] UKIAT 00273)

Imminence of Removal and Human Rights Jurisdiction: AR Iraq ([2004] UKIAT 00273)

Date: Sep 29, 2004
Imminence of Removal and Human Rights Jurisdiction: AR Iraq ([2004] UKIAT 00273) Introduction The case of AR Iraq ([2004] UKIAT 00273) before the United Kingdom Asylum and Immigration Tribunal...
Establishing Sexual Harassment through Offensive Workplace Behavior: Moonsar v. Fiveways Express Transport Ltd

Establishing Sexual Harassment through Offensive Workplace Behavior: Moonsar v. Fiveways Express Transport Ltd

Date: Sep 28, 2004
Establishing Sexual Harassment through Offensive Workplace Behavior: Moonsar v. Fiveways Express Transport Ltd Introduction Moonsar v. Fiveways Express Transport Ltd ([2004] UKEAT 0476_04_2709) is a...
Recognition of Bajuni Clan Membership and Language in Asylum Claims: KS (Minority Clans, Bajuni, Ability to Speak Kibajuni) v. Somalia

Recognition of Bajuni Clan Membership and Language in Asylum Claims: KS (Minority Clans, Bajuni, Ability to Speak Kibajuni) v. Somalia

Date: Sep 25, 2004
Recognition of Bajuni Clan Membership and Language in Asylum Claims: KS (Minority Clans, Bajuni, Ability to Speak Kibajuni) v. Somalia, UKIAT 271 (2004) Introduction The case of KS (Minority Clans,...
Application of the Under 12 Concession in In-Country Cases: A Comprehensive Analysis of KK (2004) UKIAT 268

Application of the Under 12 Concession in In-Country Cases: A Comprehensive Analysis of KK (2004) UKIAT 268

Date: Sep 24, 2004
Application of the Under 12 Concession in In-Country Cases: A Comprehensive Analysis of KK (2004) UKIAT 268 Introduction The case of KK (Under 12 Policy, in country implications) Jamaica ([2004]...
Mungiki Not Recognized as a Religion for Asylum Purposes: Comprehensive Legal Commentary

Mungiki Not Recognized as a Religion for Asylum Purposes: Comprehensive Legal Commentary

Date: Sep 23, 2004
Mungiki Not Recognized as a Religion for Asylum Purposes: Comprehensive Legal Commentary Introduction The case of Mungik, not a religion in Kenya ([2004] UKIAT 266) presents a significant precedent...
SJ (Risk of Suicide) Sri Lanka: Establishing the Balance Between Mental Health and Asylum Claims

SJ (Risk of Suicide) Sri Lanka: Establishing the Balance Between Mental Health and Asylum Claims

Date: Sep 23, 2004
SJ (Risk of Suicide) Sri Lanka: Establishing the Balance Between Mental Health and Asylum Claims Introduction The case of SJ (Risk of Suicide) Sri Lanka ([2004] UKIAT 00265) presents a pivotal...
Assessment of Asylum Claims: The AM (IWCP, Conditions in Mosul) Precedent

Assessment of Asylum Claims: The AM (IWCP, Conditions in Mosul) Precedent

Date: Sep 23, 2004
Assessment of Asylum Claims: The AM (IWCP, Conditions in Mosul) Precedent Introduction The case of AM (IWCP, Conditions in Mosul) Iraq CG ([2004] UKIAT 263) presents a pivotal moment in UK asylum...
Reaffirming Standards for Article 3 Risk Assessment in Asylum Claims: The AB Sudan Case

Reaffirming Standards for Article 3 Risk Assessment in Asylum Claims: The AB Sudan Case

Date: Sep 18, 2004
Reaffirming Standards for Article 3 Risk Assessment in Asylum Claims: The AB Sudan Case Introduction The AB (Return of Southern Sudanese) Sudan case ([2004] UKIAT 00260) addressed critical issues...
Coutts & Co Plc v. Cure & Anor: Extending Time Limits for Fixed-Term Employee Complaints

Coutts & Co Plc v. Cure & Anor: Extending Time Limits for Fixed-Term Employee Complaints

Date: Sep 18, 2004
Coutts & Co Plc v. Cure & Anor: Extending Time Limits for Fixed-Term Employee Complaints Introduction The case of Coutts & Co Plc & Anor v. Cure & Anor ([2004] UKEAT 0395_04_1709) scrutinizes the...
Rigorous Standards for Evidence Submission in Asylum Appeals: A Commentary on KK (Afghanistan) [2004] UKIAT 258

Rigorous Standards for Evidence Submission in Asylum Appeals: A Commentary on KK (Afghanistan) [2004] UKIAT 258

Date: Sep 17, 2004
Rigorous Standards for Evidence Submission in Asylum Appeals: A Commentary on KK (Afghanistan) [2004] UKIAT 258 Introduction The case of KK (Afghanistan) [2004] UKIAT 258 involves an appeal by a Sikh...
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