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  • Commentaries

United Kingdom Case Commentaries

Khan v. The State (2003) UKPC 79: Defining the Limits of the Felony-Murder Rule and Constitutional Protections Against Cruel and Unusual Punishment in Trinidad and Tobago

Khan v. The State (2003) UKPC 79: Defining the Limits of the Felony-Murder Rule and Constitutional Protections Against Cruel and Unusual Punishment in Trinidad and Tobago

Date: Nov 21, 2003
Khan v. The State (2003) UKPC 79: Defining the Limits of the Felony-Murder Rule and Constitutional Protections Against Cruel and Unusual Punishment in Trinidad and Tobago Introduction Khan v. The...
Kraus v. Penna Plc & Anor: Striking Down a Misconceived Protected Disclosure Claim

Kraus v. Penna Plc & Anor: Striking Down a Misconceived Protected Disclosure Claim

Date: Nov 21, 2003
Kraus v. Penna Plc & Anor: Striking Down a Misconceived Protected Disclosure Claim Introduction The case of Kraus v. Penna Plc & Anor ([2004] IRLR 260) was adjudicated by the United Kingdom...
DK v Croatia [2003] UKIAT 153: Reinforcing the Article 3 Threshold for Persecution in Ethnic Return Cases

DK v Croatia [2003] UKIAT 153: Reinforcing the Article 3 Threshold for Persecution in Ethnic Return Cases

Date: Nov 21, 2003
DK v Croatia [2003] UKIAT 153: Reinforcing the Article 3 Threshold for Persecution in Ethnic Return Cases Introduction In the case of DK v Croatia [2003] UKIAT 153, the United Kingdom Asylum and...
Transco Plc v. Stockport Metropolitan Borough Council: Reevaluating Rylands v Fletcher in Modern Tort Law

Transco Plc v. Stockport Metropolitan Borough Council: Reevaluating Rylands v Fletcher in Modern Tort Law

Date: Nov 20, 2003
Transco Plc v. Stockport Metropolitan Borough Council: Reevaluating Rylands v Fletcher in Modern Tort Law Introduction The case of Transco Plc v. Stockport Metropolitan Borough Council ([2003] NPC...
Shogun Finance Ltd v. Hudson: Redefining Fraudulent Misrepresentation and Contract Formation

Shogun Finance Ltd v. Hudson: Redefining Fraudulent Misrepresentation and Contract Formation

Date: Nov 20, 2003
Shogun Finance Ltd v. Hudson: Redefining Fraudulent Misrepresentation and Contract Formation Introduction In the landmark case Shogun Finance Ltd v. Hudson ([2004] AC 1101), decided by the United...
SN v Sri Lanka [2003] UKIAT 150: Limitations on Scarring Evidence and Bribe-Related Releases in Asylum Claims

SN v Sri Lanka [2003] UKIAT 150: Limitations on Scarring Evidence and Bribe-Related Releases in Asylum Claims

Date: Nov 20, 2003
SN v Sri Lanka [2003] UKIAT 150: Limitations on Scarring Evidence and Bribe-Related Releases in Asylum Claims Introduction In the landmark case of SN (Scarring, Bribes, LTTE Reprisals) Sri Lanka CG...
Clarification on Employer Vicarious Liability under the Race Relations Act 1976 in Hackney v. Sivanandan

Clarification on Employer Vicarious Liability under the Race Relations Act 1976 in Hackney v. Sivanandan

Date: Nov 19, 2003
Clarification on Employer Vicarious Liability under the Race Relations Act 1976 in Hackney v. Sivanandan Introduction Hackney v. Sivanandan & Ors ([2003] UKEAT 0622_03_1811) is a pivotal case...
Procedural Fairness and Proper Notice in Employment Tribunals: Southwark v. Bartholomew

Procedural Fairness and Proper Notice in Employment Tribunals: Southwark v. Bartholomew

Date: Nov 18, 2003
Procedural Fairness and Proper Notice in Employment Tribunals: Southwark v. Bartholomew Introduction Southwark v. Bartholomew ([2004] ICR 358) is a pivotal judgment delivered by the United Kingdom...
Volunteer Status and the Small Business Exemption: Insights from South East Sheffield Citizens Advice Bureau v. Grayson

Volunteer Status and the Small Business Exemption: Insights from South East Sheffield Citizens Advice Bureau v. Grayson

Date: Nov 18, 2003
Volunteer Status and the Small Business Exemption: Insights from South East Sheffield Citizens Advice Bureau v. Grayson Introduction The case of South East Sheffield Citizens Advice Bureau v. Grayson...
Propertycare Ltd v. Gower & Ors: Clarifying Mutuality of Obligation in Employment Relationships

Propertycare Ltd v. Gower & Ors: Clarifying Mutuality of Obligation in Employment Relationships

Date: Nov 15, 2003
Propertycare Ltd v. Gower & Ors: Clarifying Mutuality of Obligation in Employment Relationships Introduction The case of Propertycare Ltd v. Gower & Ors ([2003] UKEAT 0547_03_1411) addressed the...
Reassessing Clan-Based Asylum Claims in Somalia: Insights from FJ (Risk, Return, Tuni) v. Somalia CG [2003] UKIAT 147

Reassessing Clan-Based Asylum Claims in Somalia: Insights from FJ (Risk, Return, Tuni) v. Somalia CG [2003] UKIAT 147

Date: Nov 15, 2003
Reassessing Clan-Based Asylum Claims in Somalia: Insights from FJ (Risk, Return, Tuni) v. Somalia CG [2003] UKIAT 147 Introduction The case of FJ (Risk, Return, Tuni) Somalia CG ([2003] UKIAT 147)...
Defining 'As of Right' in Town and Village Green Registration: Comprehensive Analysis of Beresford v. City of Sunderland [2003]

Defining 'As of Right' in Town and Village Green Registration: Comprehensive Analysis of Beresford v. City of Sunderland [2003]

Date: Nov 14, 2003
Defining 'As of Right' in Town and Village Green Registration: Comprehensive Analysis of Beresford v. City of Sunderland [2003] Introduction The case of Beresford, R (on the application of) v. City...
Justification in Disability Discrimination: Paul v. National Probation Service

Justification in Disability Discrimination: Paul v. National Probation Service

Date: Nov 14, 2003
Justification in Disability Discrimination: Paul v. National Probation Service Introduction The case of Paul v. National Probation Service ([2003] UKEAT 0290_03_1311) addresses critical issues...
Reevaluation of Wanted Person Status in Asylum Claims: JP (Maintenance, Detention Records) Sri Lanka [2003] UKIAT 00142

Reevaluation of Wanted Person Status in Asylum Claims: JP (Maintenance, Detention Records) Sri Lanka [2003] UKIAT 00142

Date: Nov 14, 2003
Reevaluation of Wanted Person Status in Asylum Claims: JP (Maintenance, Detention Records) Sri Lanka [2003] UKIAT 00142 Introduction The case of JP (Maintenance, Detention Records) Sri Lanka [2003]...
Authority of Approved Social Workers in Overriding Mental Health Tribunal Decisions: A Comprehensive Analysis of von Brandenburg v. East London and the City Mental Health NHS Trust

Authority of Approved Social Workers in Overriding Mental Health Tribunal Decisions: A Comprehensive Analysis of von Brandenburg v. East London and the City Mental Health NHS Trust

Date: Nov 14, 2003
Authority of Approved Social Workers in Overriding Mental Health Tribunal Decisions: A Comprehensive Analysis of von Brandenburg v. East London and the City Mental Health NHS Trust 1. Introduction...
Conditional Discharge and Article 5 Rights: Establishing New Legal Precedents in Mental Health Detention

Conditional Discharge and Article 5 Rights: Establishing New Legal Precedents in Mental Health Detention

Date: Nov 14, 2003
Conditional Discharge and Article 5 Rights: Establishing New Legal Precedents in Mental Health Detention Introduction The case of IH, R (on the application of) v. Secretary of State for the Home...
Reaffirmation and Clarification of Asylum Law Regarding Return Risks: The YP Sri Lanka Case

Reaffirmation and Clarification of Asylum Law Regarding Return Risks: The YP Sri Lanka Case

Date: Nov 13, 2003
Reaffirmation and Clarification of Asylum Law Regarding Return Risks: The YP Sri Lanka Case Introduction The case of YP (Maintenance, Detention Records) Sri Lanka [2003] UKIAT 00145 addressed...
Continuous Employment in Phased Transfers: Insights from Celtec Ltd v. Astley & Ors [2003] UKHL 73

Continuous Employment in Phased Transfers: Insights from Celtec Ltd v. Astley & Ors [2003] UKHL 73

Date: Nov 11, 2003
Continuous Employment in Phased Transfers: Insights from Celtec Ltd v. Astley & Ors [2003] UKHL 73 Introduction Celtec Ltd v. Astley & Ors ([2003] UKHL 73) is a landmark case in UK employment law,...
Rojas v. Berllaque: Establishing Non-Discriminatory Jury Selection in Gibraltar

Rojas v. Berllaque: Establishing Non-Discriminatory Jury Selection in Gibraltar

Date: Nov 11, 2003
Rojas v. Berllaque: Establishing Non-Discriminatory Jury Selection in Gibraltar Introduction Rojas v. Berllaque (Gibraltar) ([2004] WLR 201) is a landmark judgment delivered by the Privy Council on...
Proportionality in Article 8(1) Family Life Claims: Insights from S v. Secretary of State for Home Department (Afghanistan) [2003] UKIAT 00132

Proportionality in Article 8(1) Family Life Claims: Insights from S v. Secretary of State for Home Department (Afghanistan) [2003] UKIAT 00132

Date: Nov 7, 2003
Proportionality in Article 8(1) Family Life Claims: Insights from S v. Secretary of State for Home Department (Afghanistan) [2003] UKIAT 00132 Introduction The case of S v. Secretary of State for the...
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