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  • Commentaries

United Kingdom Case Commentaries

Firm and Settled Intention: The Supreme Court's Approach in S Franses Limited v. The Cavendish Hotel (London) Ltd [2018] UKSC 62

Firm and Settled Intention: The Supreme Court's Approach in S Franses Limited v. The Cavendish Hotel (London) Ltd [2018] UKSC 62

Date: Dec 6, 2018
Firm and Settled Intention: The Supreme Court's Approach in S Franses Limited v. The Cavendish Hotel (London) Ltd [2018] UKSC 62 Introduction The case of S Franses Limited v. The Cavendish Hotel...
Supreme Court Clarifies Highway Property Transfer: Southwark v TfL and the Limitation of Baird Principle

Supreme Court Clarifies Highway Property Transfer: Southwark v TfL and the Limitation of Baird Principle

Date: Dec 6, 2018
Supreme Court Clarifies Highway Property Transfer: Southwark v Transport for London and the Limitation of Baird Principle Introduction The case of London Borough of Southwark & Anor v. Transport for...
Carrier Bears Burden of Proof in Proving Non-Negligence under Hague Rules

Carrier Bears Burden of Proof in Proving Non-Negligence under Hague Rules

Date: Dec 6, 2018
Carrier Bears Burden of Proof in Proving Non-Negligence under Hague Rules Introduction Volcafe Ltd & Ors v. Compania Sud Americana De Vapores SA ([2018] UKSC 61) is a landmark decision by the United...
Secretary of State for Justice v MM: A Landmark Decision on Conditional Discharge and Deprivation of Liberty under the Mental Health Act 1983

Secretary of State for Justice v MM: A Landmark Decision on Conditional Discharge and Deprivation of Liberty under the Mental Health Act 1983

Date: Nov 29, 2018
Secretary of State for Justice v MM: A Landmark Decision on Conditional Discharge and Deprivation of Liberty under the Mental Health Act 1983 Introduction The case of Secretary of State for Justice...
UK Supreme Court Upholds Extended Determinate Sentences: No Violation of ECHR Article 14

UK Supreme Court Upholds Extended Determinate Sentences: No Violation of ECHR Article 14

Date: Nov 29, 2018
UK Supreme Court Upholds Extended Determinate Sentences: No Violation of ECHR Article 14 Introduction The case of Stott, R (on the application of) v. Secretary of State for Justice ([2018] UKSC 59)...
Upper Tribunal Establishes Strict Interpretation of Section 225 ITEPA 2003 in Tax Avoidance Schemes

Upper Tribunal Establishes Strict Interpretation of Section 225 ITEPA 2003 in Tax Avoidance Schemes

Date: Nov 28, 2018
Upper Tribunal Establishes Strict Interpretation of Section 225 ITEPA 2003 in Tax Avoidance Schemes Introduction In the case of The First De Sales Ltd Partnership & Ors v. Revenue and Customs ([2018]...
Upper Tribunal Refines Jurisdiction for Appeals Beyond 13-Month Limit in DLA and JSA Claims Based on Official Error

Upper Tribunal Refines Jurisdiction for Appeals Beyond 13-Month Limit in DLA and JSA Claims Based on Official Error

Date: Nov 24, 2018
Upper Tribunal Refines Jurisdiction for Appeals Beyond 13-Month Limit in DLA and JSA Claims Based on Official Error Introduction The Upper Tribunal (Administrative Appeals Chamber) delivered a...
Beagles v. Revenue and Customs: Establishing 'Staleness' in Discovery Assessments under s29(5) TMA 1970

Beagles v. Revenue and Customs: Establishing 'Staleness' in Discovery Assessments under s29(5) TMA 1970

Date: Nov 21, 2018
Beagles v. Revenue and Customs: Establishing 'Staleness' in Discovery Assessments under s29(5) TMA 1970 Introduction Beagles v. Revenue and Customs (Tax) ([2018] UKUT 380 (TCC)) is a landmark case...
Establishing Sufficiency and Infringement Standards in Second Medical Use Patents: Warner-Lambert v Generics (UK) Ltd [2018] UKSC 56

Establishing Sufficiency and Infringement Standards in Second Medical Use Patents: Warner-Lambert v Generics (UK) Ltd [2018] UKSC 56

Date: Nov 15, 2018
Establishing Sufficiency and Infringement Standards in Second Medical Use Patents: Warner-Lambert v Generics (UK) Ltd [2018] UKSC 56 Introduction The case of Warner-Lambert Company LLC v. Generics...
Establishing Recreational Easements: Comprehensive Analysis of Regency Villas v. Diamond Resorts

Establishing Recreational Easements: Comprehensive Analysis of Regency Villas v. Diamond Resorts

Date: Nov 15, 2018
Establishing Recreational Easements: Comprehensive Analysis of Regency Villas Title Ltd & Ors v. Diamond Resorts (Europe) Ltd & Ors ([2018] UKSC 57) Introduction The case of Regency Villas Title Ltd...
Defining 'Precarious Immigration Status': Insights from Rhuppiah v. Secretary of State for the Home Department [2018] UKSC 58

Defining 'Precarious Immigration Status': Insights from Rhuppiah v. Secretary of State for the Home Department [2018] UKSC 58

Date: Nov 15, 2018
Defining 'Precarious Immigration Status': Insights from Rhuppiah v. Secretary of State for the Home Department [2018] UKSC 58 Introduction Rhuppiah v. Secretary of State for the Home Department...
Safi & Ors [2018] UKUT 388 (IAC): Necessity of Explicitly Limited Grounds in Permission to Appeal Decisions

Safi & Ors [2018] UKUT 388 (IAC): Necessity of Explicitly Limited Grounds in Permission to Appeal Decisions

Date: Nov 14, 2018
Safi & Ors [2018] UKUT 388 (IAC): Necessity of Explicitly Limited Grounds in Permission to Appeal Decisions Introduction The case of Safi & Ors [2018] UKUT 388 (IAC) involves appellants who were...
Gateway Holdings v. McKenzie: Affirming Leaseholders' Rights to Challenge Predecessors' Service Charges

Gateway Holdings v. McKenzie: Affirming Leaseholders' Rights to Challenge Predecessors' Service Charges

Date: Nov 13, 2018
Gateway Holdings (NWB) Ltd v. McKenzie: Affirming Leaseholders' Rights to Challenge Predecessors' Service Charges Introduction The case of Gateway Holdings (NWB) Ltd v. McKenzie & Anor ([2018] UKUT...
Limitation of Article 1C(5) to Statutory Refugees and Principles of Internal Relocation: Insights from AMA [2019] UKUT 11 (IAC)

Limitation of Article 1C(5) to Statutory Refugees and Principles of Internal Relocation: Insights from AMA [2019] UKUT 11 (IAC)

Date: Nov 13, 2018
Limitation of Article 1C(5) to Statutory Refugees and Principles of Internal Relocation: Insights from AMA [2019] UKUT 11 (IAC) Introduction The case of AMA versus the Secretary of State for the Home...
Final Distribution under a Voluntary Trust Deed: Dooneen Ltd v Mond [2018] UKSC 54

Final Distribution under a Voluntary Trust Deed: Dooneen Ltd v Mond [2018] UKSC 54

Date: Nov 1, 2018
Final Distribution under a Voluntary Trust Deed: Dooneen Ltd v Mond [2018] UKSC 54 Introduction The case of Dooneen Ltd (t/a McGinness Associates) & Anor v. Mond (Scotland) ([2018] UKSC 54) presents...
Clarifying the Requirements for Ten Years Lawful Residence under Immigration Rules: Ahmed v. Secretary of State for the Home Department

Clarifying the Requirements for Ten Years Lawful Residence under Immigration Rules: Ahmed v. Secretary of State for the Home Department

Date: Oct 24, 2018
Clarifying the Requirements for Ten Years Lawful Residence under Immigration Rules: Ahmed v. Secretary of State for the Home Department Introduction In the case R (on the application of Ahmed) v...
Reaffirming Burden and Standard of Proof for Article 3 Asylum Claims: Upper Tribunal Decision in HKK [2018] UKUT 386 (IAC)

Reaffirming Burden and Standard of Proof for Article 3 Asylum Claims: Upper Tribunal Decision in HKK [2018] UKUT 386 (IAC)

Date: Oct 23, 2018
Reaffirming Burden and Standard of Proof for Article 3 Asylum Claims: Upper Tribunal Decision in HKK [2018] UKUT 386 (IAC) Introduction The Upper Tribunal (Immigration and Asylum Chamber) rendered a...
Spaceman v. ISS Mediclean Ltd: Narrow Interpretation of Section 104 ERA in Unfair Dismissal Claims

Spaceman v. ISS Mediclean Ltd: Narrow Interpretation of Section 104 ERA in Unfair Dismissal Claims

Date: Oct 20, 2018
Spaceman v. ISS Mediclean Ltd: Narrow Interpretation of Section 104 ERA in Unfair Dismissal Claims Introduction Spaceman v. ISS Mediclean Ltd (t/a ISS Facility Service Healthcare) ([2018] UKEAT...
Stubbs v. The Queen (Bahamas) [2018] UKPC 30: Establishing Standards for Judicial Recusal on Grounds of Apparent Bias

Stubbs v. The Queen (Bahamas) [2018] UKPC 30: Establishing Standards for Judicial Recusal on Grounds of Apparent Bias

Date: Oct 19, 2018
Stubbs v. The Queen (Bahamas) [2018] UKPC 30: Establishing Standards for Judicial Recusal on Grounds of Apparent Bias Introduction Stubbs v. The Queen (Bahamas) is a landmark case adjudicated by the...
Warner v. Scapa Flow Charters: Interpretation of Suspension of Limitation Periods under the Athens Convention

Warner v. Scapa Flow Charters: Interpretation of Suspension of Limitation Periods under the Athens Convention

Date: Oct 18, 2018
Warner v. Scapa Flow Charters: Interpretation of Suspension of Limitation Periods under the Athens Convention Introduction Warner v. Scapa Flow Charters (Scotland) ([2018] UKSC 52) is a landmark...
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