United Kingdom Case Commentaries

Protection Against Unreasonable Delay in Criminal Prosecutions: R v Her Majesty Advocate & Anor

Date: Nov 29, 2002

Protection Against Unreasonable Delay in Criminal Prosecutions: R v Her Majesty Advocate & Anor (2003 SC (PC) 21) Introduction The case of R v Her Majesty Advocate & Anor (2003 SC (PC) 21) represents...

Whitely v. Marton Electrical Ltd: Establishing Protections for Modern Apprentices

Date: Nov 27, 2002

Whitely v. Marton Electrical Ltd: Establishing Protections for Modern Apprentices Introduction The case of Whitely v. Marton Electrical Ltd ([2002] UKEAT 0841_01_2611) addresses crucial issues...

House of Lords Upholds Mandatory Life Sentences for Murderers: R v Lichniak and R v Pyrah [2002] UKHL 47

Date: Nov 26, 2002

House of Lords Upholds Mandatory Life Sentences for Murderers: R v Lichniak and R v Pyrah [2002] UKHL 47 Introduction The consolidated appeals in R v Lichniak and R v Pyrah [2002] UKHL 47 addressed...

Separation of Powers in Sentencing: The Mandatory Life Sentence Tariff Fixing in Anderson v. Secretary of State for the Home Department [2002] UKHL 46

Date: Nov 26, 2002

Separation of Powers in Sentencing: The Mandatory Life Sentence Tariff Fixing in Anderson v. Secretary of State for the Home Department [2002] UKHL 46 Introduction Anderson v. Secretary of State for...

Clarifying the Burden of Proof in Article 6 Asylum Claims: Insight from H (Fair Trial) Bangladesh [2002] UKIAT 05410

Date: Nov 26, 2002

Clarifying the Burden of Proof in Article 6 Asylum Claims: Insight from H (Fair Trial) Bangladesh [2002] UKIAT 05410 Introduction The case of H (Fair Trial) Bangladesh [2002] UKIAT 05410 centers on...

Refusal of Asylum Based on Internal Relocation Feasibility: Insights from Kabu Pashtun [2002] UKIAT 05345

Date: Nov 22, 2002

Refusal of Asylum Based on Internal Relocation Feasibility: Insights from Kabu Pashtun [2002] UKIAT 05345 Introduction The case of Kabu Pashtun [2002] UKIAT 05345 is a landmark decision by the United...

London Borough of Harrow v. Knight: Establishing the Requirement for Employer's Motivational Ground in Whistleblower Victimization Claims

Date: Nov 19, 2002

London Borough of Harrow v. Knight: Establishing the Requirement for Employer's Motivational Ground in Whistleblower Victimization Claims Introduction The case of London Borough of Harrow v. Knight...

Assessment of Internal Relocation in Asylum Cases: Insights from AV (IFA) v. Russia CG [2002] UKIAT 05260

Date: Nov 16, 2002

Assessment of Internal Relocation in Asylum Cases: Insights from AV (IFA) v. Russia CG [2002] UKIAT 05260 Introduction The case of AV (IFA) v. Russia CG [2002] UKIAT 05260 is a seminal decision by...

A v. B ([2003] IRLR 405): Reaffirming Fair Investigative Standards in Unfair Dismissal Cases

Date: Nov 15, 2002

A v. B ([2003] IRLR 405): Reaffirming Fair Investigative Standards in Unfair Dismissal Cases Introduction The case of A v. B ([2003] IRLR 405) serves as a pivotal reference in employment law,...

Right to Buy Under Housing Act 1985 Not Subject to Green Belt Act 1938 Section 5 Requirements

Date: Nov 15, 2002

Right to Buy Under Housing Act 1985 Not Subject to Green Belt Act 1938 Section 5 Requirements Introduction The case of O'Byrne v Secretary of State for the Environment, Transport and the Regions &...

Whitefield v. General Medical Council: Establishing Strict Conditions for Medical Practitioners with Health Impairments

Date: Nov 15, 2002

Whitefield v. General Medical Council: Establishing Strict Conditions for Medical Practitioners with Health Impairments Introduction Whitefield v. General Medical Council (GMC) ([2002] UKPC 62) is a...

Supremacy of Domestic Legislation Over International Human Rights Obligations in Regina v Lyons and Others [2003] AC 976

Date: Nov 15, 2002

Supremacy of Domestic Legislation Over International Human Rights Obligations in Regina v Lyons and Others [2003] AC 976 Introduction Regina v Lyons and Others [2003] AC 976 is a landmark decision by...

Establishing Family Life Provisions in Asylum Cases: PK vs. UK Asylum and Immigration Tribunal

Date: Nov 14, 2002

Establishing Family Life Provisions in Asylum Cases: PK (Article 8, Return, Marriage-Refugee) Democratic Republic of Congo ([2002] UKIAT 5220) Introduction The case of PK, a citizen of the Democratic...

Strengthening the Internal Relocation Criterion: STARRED v. AE & Anor Sri Lanka ([2002] UKIAT 05237)

Date: Nov 13, 2002

Strengthening the Internal Relocation Criterion: STARRED v. AE & Anor Sri Lanka ([2002] UKIAT 05237) Introduction STARRED v. AE & Anor Sri Lanka ([2002] UKIAT 05237) is a pivotal case in United...

Mutuality of Obligation in Agency Employment Relationships: Stephenson v. Delphi Diesel Systems Ltd

Date: Nov 12, 2002

Mutuality of Obligation in Agency Employment Relationships: Stephenson v. Delphi Diesel Systems Ltd ([2002] UKEAT 1314_01_1111) Introduction Stephenson v. Delphi Diesel Systems Ltd is a significant...

Fraudulent Asylum Claims and the Proper Use of Section 66(2): Insights from STARRED H v. Secretary of State for the Home Department (Kenya) [2002] UKIAT 05185

Date: Nov 12, 2002

Fraudulent Asylum Claims and the Proper Use of Section 66(2): Insights from STARRED H v. Secretary of State for the Home Department (Kenya) [2002] UKIAT 05185 Introduction The case of STARRED H v....

House of Lords Establishes Personal Liability in Corporate Fraud: Standard Chartered Bank v PNSC

Date: Nov 7, 2002

House of Lords Establishes Personal Liability in Corporate Fraud: Standard Chartered Bank v Pakistan National Shipping Corp Introduction Standard Chartered Bank v Pakistan National Shipping Corp...

Earl of Balfour v. Keeper of the Registers of Scotland: Clarifying Succession under the Entail Amendment Act 1848

Date: Nov 7, 2002

Earl of Balfour v. Keeper of the Registers of Scotland: Clarifying Succession under the Entail Amendment Act 1848 Introduction The case of Earl of Balfour v. Keeper of the Registers of Scotland & Ors...

Risk of Persecution for ELF-RC Affiliates: Insights from FA (Risk, ELF-RC, Activity) Eritrea ([2002] UKIAT 5039)

Date: Nov 1, 2002

Risk of Persecution for ELF-RC Affiliates: Insights from FA (Risk, ELF-RC, Activity) Eritrea ([2002] UKIAT 5039) Introduction Freweini Ashmelash, an Eritrean national, appealed the decision of the...

Legality of Detention of Asylum Seekers: Saadi & Ors v. Secretary of State for the Home Department

Date: Nov 1, 2002

Legality of Detention of Asylum Seekers: Saadi & Ors v. Secretary of State for the Home Department Introduction The case of Saadi & Ors v. Secretary of State for the Home Department ([2003] UKHRR...