Commentaries

United Kingdom Case Commentaries

Starsin v. Owners of Cargo & Others: Establishing the Limits of Himalaya Clauses in Maritime Law

Date: Mar 14, 2003

Starsin v. Owners of Cargo & Others: Establishing the Limits of Himalaya Clauses in Maritime Law Introduction The case of Owners of Cargo recently loaded on the vessel "Starsin" & Ors versus Owners...

Quintavalle: House of Lords Extends HFE Act 1990 to Include Cloned Embryos via Cell Nuclear Replacement

Date: Mar 14, 2003

Quintavalle: House of Lords Extends HFE Act 1990 to Include Cloned Embryos via Cell Nuclear Replacement Introduction The landmark case of Quintavalle v Secretary of State for Health ([2003] UKHL 13)...

Balancing Article 8 Rights and Immigration Control: Insights from MD (Medical Facilities) Sierra Leone CG [2002] UKIAT 06638

Date: Mar 13, 2003

Balancing Article 8 Rights and Immigration Control: Insights from MD (Medical Facilities) Sierra Leone CG [2002] UKIAT 06638 Introduction The case of MD (Medical Facilities) Sierra Leone CG ([2002]...

Lawson v. Serco Ltd: Expanding Territorial Jurisdiction of Employment Tribunals

Date: Mar 12, 2003

Lawson v. Serco Ltd: Expanding Territorial Jurisdiction of Employment Tribunals Introduction Lawson v. Serco Ltd ([2003] UKEAT 0018_02_1103) is a pivotal case adjudicated by the United Kingdom...

Manifestation of Disability and Employer Justification under the Disability Discrimination Act: Insights from Murray v. Newham Citizens Advice Bureau Ltd

Date: Mar 12, 2003

Manifestation of Disability and Employer Justification under the Disability Discrimination Act: Insights from Murray v. Newham Citizens Advice Bureau Ltd Introduction Murray v. Newham Citizens Advice...

Extra-Territorial Application of UK Employment Law: Insights from Bryant v. Foreign & Commonwealth Office

Date: Mar 11, 2003

Extra-Territorial Application of UK Employment Law: Insights from Bryant v. Foreign & Commonwealth Office Introduction Case: Bryant v. Foreign & Commonwealth Office ([2003] UKEAT 174_02_1003) Court:...

P (a minor) v Re: Expansion of Trade Union Immunity and Balloting Procedures

Date: Feb 28, 2003

P (a Minor) v Re: Expansion of Trade Union Immunity and Balloting Procedures Introduction P (a minor) v Re ([2003] IRLR 307) is a landmark judgment delivered by the United Kingdom House of Lords on...

Dietschmann v Regina [2003] UKHL 10: Defining the Intersection of Intoxication and Diminished Responsibility in Homicide Cases

Date: Feb 28, 2003

Dietschmann v Regina [2003] UKHL 10: Defining the Intersection of Intoxication and Diminished Responsibility in Homicide Cases Introduction Dietschmann v Regina [2003] UKHL 10 is a landmark case...

Shamoon v Chief Constable RUC [2003]: Establishing Proper Comparator Identification in Sex Discrimination Claims

Date: Feb 28, 2003

Shamoon v Chief Constable RUC [2003]: Establishing Proper Comparator Identification in Sex Discrimination Claims Introduction Shamoon v. Chief Constable of the Royal Ulster Constabulary ([2003] 2 All...

L (a Minor) Re: Reinstatement Principles under the School Standards and Framework Act 1998

Date: Feb 28, 2003

L (a Minor) Re: Reinstatement Principles under the School Standards and Framework Act 1998 Introduction The case of L (a minor) Re ([2003] 1 FCR 548) heard by the United Kingdom House of Lords on...

Strict Adherence to Appeal Time Limits Affirmed: Kanapathiar v. London Borough of Harrow [2003] UKEAT 1281_02_2502

Date: Feb 26, 2003

Strict Adherence to Appeal Time Limits Affirmed: Kanapathiar v. London Borough of Harrow [2003] UKEAT 1281_02_2502 Introduction The case of Kanapathiar v. London Borough of Harrow ([2003] UKEAT...

Transfer of Consultation Duties Under TUPE: Alamo Group (Europe) Ltd v Tucker & Anor ([2003] ICR 829)

Date: Feb 25, 2003

Transfer of Consultation Duties Under TUPE: Alamo Group (Europe) Ltd v Tucker & Anor ([2003] ICR 829) Introduction The case of Alamo Group (Europe) Ltd v Tucker & Anor ([2003] ICR 829) addresses a...

Patterson v Legal Services Commission [2003]: Affirming Sole Practitioners as 'Persons' under the Race Relations Act

Date: Feb 22, 2003

Patterson v Legal Services Commission [2003]: Affirming Sole Practitioners as 'Persons' under the Race Relations Act Introduction The case of Patterson v Legal Services Commission [2003] UKEAT...

Asylum Granted Due to Imputed Political Opinion: GM v Democratic Republic of Congo

Date: Feb 22, 2003

Asylum Granted Due to Imputed Political Opinion: GM v Democratic Republic of Congo Introduction The case of GM (risk, failed asylum seekers) v Democratic Republic of Congo ([2002] UKIAT 06741)...

House of Lords Clarifies Exclusion of Liability for Agent Misrepresentation in Insurance Contracts

Date: Feb 21, 2003

House of Lords Clarifies Exclusion of Liability for Agent Misrepresentation in Insurance Contracts Introduction The case of HIH Casualty and General Insurance Ltd & Ors v. Chase Manhattan Bank & Ors...

Unlawful Stop and Seizure: Dickinson v. Customs and Excise [2003]

Date: Feb 21, 2003

Unlawful Stop and Seizure: Dickinson v. Customs and Excise [2003] Introduction Dickinson v. Customs and Excise ([2003] UKVAT(Excise) E00387) is a pivotal case adjudicated by the United Kingdom VAT &...

House of Lords Establishes Criteria for VAT Exemption on Insurance-Related Services in C R Smith Glaziers Case

Date: Feb 21, 2003

House of Lords Establishes Criteria for VAT Exemption on Insurance-Related Services in C R Smith Glaziers Case Introduction The case of C R Smith Glaziers (Dunfermline) Ltd v. Commissioners of...

Draft Evasion as Grounds for Persecution under Article 3: CA (Human Rights, Military Service, Sentence) Turkey ([2002] UKIAT 6709)

Date: Feb 21, 2003

Draft Evasion as Grounds for Persecution under Article 3: CA (Human Rights, Military Service, Sentence) Turkey ([2002] UKIAT 6709) Introduction The case of Cengiz Aydogdu, a Turkish national,...

Redundancy Defined by Business Reorganization: Kingwell & Ors v. Elizabeth Bradley Designs Ltd

Date: Feb 20, 2003

Redundancy Defined by Business Reorganization: Kingwell & Ors v. Elizabeth Bradley Designs Ltd Introduction The case of Kingwell & Ors v. Elizabeth Bradley Designs Ltd ([2003] UKEAT 0661_02_1902)...

Essa v. Laing Ltd [2003]: Expanding Compensation Criteria in Racial Discrimination Claims

Date: Feb 18, 2003

Essa v. Laing Ltd [2003]: Expanding Compensation Criteria in Racial Discrimination Claims Introduction Essa v. Laing Ltd ([2003] UKEAT 0697_01_1702) is a pivotal case adjudicated by the United...

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