United Kingdom Case Commentaries

Proceeding with Welfare Considerations in 'Uncertain Perpetrator' Cases: In re O and N (Minors) [2004] 1 AC 523

Date: Apr 4, 2003

Proceeding with Welfare Considerations in 'Uncertain Perpetrator' Cases: In re O and N (Minors) [2004] 1 AC 523 Introduction The case of O and N (minors), Re ([2004] 1 AC 523) before the United...

Enforceability of Oral Guarantees under the Statute of Frauds: Limited Scope of Estoppel

Date: Apr 4, 2003

Enforceability of Oral Guarantees under the Statute of Frauds: Limited Scope of Estoppel Introduction The case of Actionstrength Ltd (t/a Vital Resources) v. International Glass Engineering In.Gl.En....

Credibility Assessment in Asylum Applications: MR (Chechen Return) Russia [2002] UKIAT 07562

Date: Apr 3, 2003

Credibility Assessment in Asylum Applications: MR (Chechen Return) Russia [2002] UKIAT 07562 Introduction The case of MR (Chechen Return) Russia [2002] UKIAT 07562 presents a pivotal examination of...

Estoppel and Abuse of Process in Employment Litigation: Analysis of Burns v. Consignia Plc & Anor

Date: Apr 3, 2003

Estoppel and Abuse of Process in Employment Litigation: Analysis of Burns v. Consignia Plc & Anor ([2003] UKEAT 0873_02_0204) Introduction Burns v. Consignia Plc & Anor is a pivotal case adjudicated...

Enforceability of Commission Clauses Post-Employment Termination: Peninsula Business Services Ltd v. Sweeney

Date: Apr 2, 2003

Enforceability of Commission Clauses Post-Employment Termination: Peninsula Business Services Ltd v. Sweeney ([2003] UKEAT 1096_02_0104) Introduction The case of Peninsula Business Services Ltd v....

Balfour Kilpatrick Ltd v. Acheson & Ors (2003): Reinforcing Protections Against Unfair Dismissal in Health and Safety Contexts

Date: Apr 2, 2003

Balfour Kilpatrick Ltd v. Acheson & Ors (2003): Reinforcing Protections Against Unfair Dismissal in Health and Safety Contexts Introduction The case of Balfour Kilpatrick Ltd v. Acheson & Ors ([2003]...

Proportionality in Removal of Unaccompanied Minors: Insights from N v. Secretary of State for the Home Department (Vietnam) [2003]

Date: Apr 2, 2003

Proportionality in Removal of Unaccompanied Minors: Insights from N v. Secretary of State for the Home Department (Vietnam) [2003] Introduction N v. Secretary of State for the Home Department...

Schmidt v Rosewood Trust Ltd (Isle of Man) [2003]: Advancing the Rights of Discretionary Beneficiaries to Trust Information

Date: Mar 28, 2003

Schmidt v Rosewood Trust Ltd (Isle of Man) [2003]: Advancing the Rights of Discretionary Beneficiaries to Trust Information Introduction The case of Schmidt v Rosewood Trust Ltd (Isle of Man) ([2003]...

Bushati & Ors v. Secretary of State: Affirming Article 8 Rights in Asylum Proceedings

Date: Mar 28, 2003

Bushati & Ors v. Secretary of State: Affirming Article 8 Rights in Asylum Proceedings Introduction The case of Bushati & Ors v. The Secretary of State for the Home Department ([2002] UKIAT 07423) was...

Internal Relocation and Sufficiency of Protection under the Michigan Guidelines: Analysis of SF (2002) UKIAT 7376

Date: Mar 25, 2003

Internal Relocation and Sufficiency of Protection under the Michigan Guidelines: Analysis of SF (2002) UKIAT 7376 Introduction The case of SF (Sufficiency of Protection, KAA, Michigan Guidelines)...

Broad Application of Article 33(2) Refugee Convention to Criminally Dangerous Individuals Confirmed in A v. Secretary of State for the Home Department

Date: Mar 22, 2003

Broad Application of Article 33(2) Refugee Convention to Criminally Dangerous Individuals Confirmed in A v. Secretary of State for the Home Department Introduction The case of A v. Secretary of State...

Conscientious Objection and Refugee Status: Insights from Sepet v. Home Department [2003]

Date: Mar 21, 2003

Conscientious Objection and Refugee Status: Insights from Sepet v. Home Department [2003] Introduction The case of Sepet & Anor v. Secretary of State for the Home Department ([2003] Imm AR 428) is a...

Refining the Assessment of Torture in Asylum Claims: Sivakumar v Secretary of State for the Home Department [2003] UKHL 14

Date: Mar 21, 2003

Refining the Assessment of Torture in Asylum Claims: Sivakumar v Secretary of State for the Home Department [2003] UKHL 14 Introduction The landmark case of Sivakumar, R (on the application of) v....

Tait v. RCVS: Ensuring Procedural Fairness in Disciplinary Proceedings

Date: Mar 21, 2003

Tait v. Royal College of Veterinary Surgeons (RCVS) [2003] UKPC 34 Introduction Tait v. Royal College of Veterinary Surgeons (RCVS) is a landmark case adjudicated by the Privy Council on March 20,...

Strict Liability for Normal Animal Behavior: Mirvahedy v. Henley & Anor [2003] UKHL 16

Date: Mar 21, 2003

Strict Liability for Normal Animal Behavior: Mirvahedy v. Henley & Anor [2003] UKHL 16 Introduction Mirvahedy v. Henley & Anor ([2003] UKHL 16) is a landmark decision by the United Kingdom House of...

Establishing Proportionality in Private Life Considerations: AA v Secretary of State for Immigration [2003]

Date: Mar 18, 2003

Establishing Proportionality in Private Life Considerations: AA v Secretary of State for Immigration [2003] Introduction The case of AA v Secretary of State for Immigration ([2003] UKIAT 07246)...

Enforceability of Military Confidentiality Contracts Confirmed in R v. Her Majesty's Attorney-General [2003]

Date: Mar 18, 2003

Enforceability of Military Confidentiality Contracts Confirmed in R v. Her Majesty's Attorney-General [2003] Introduction The case of R v. Her Majesty's Attorney-General for England and Wales (New...

Defining Employer Obligations for Reasonable Adjustments under the Disability Discrimination Act 1995: Mid Staffordshire NHS Trust v. Cambridge

Date: Mar 15, 2003

Defining Employer Obligations for Reasonable Adjustments under the Disability Discrimination Act 1995: Mid Staffordshire NHS Trust v. Cambridge Introduction The case of Mid Staffordshire General...

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)...