United Kingdom Case Commentaries

Millar v. Procurator Fiscal (Scotland) [2001] UKPC D 4: Ensuring Judicial Independence and Impartiality under the Scotland Act 1998 and ECHR Article 6(1)

Date: Jul 25, 2001

Millar v. Procurator Fiscal (Scotland) [2001] UKPC D 4: Ensuring Judicial Independence and Impartiality under the Scotland Act 1998 and ECHR Article 6(1) Introduction Millar v. Procurator Fiscal is a...

Knowledge Sufficiency in the Importation of Prohibited Goods: Insights from Forbesi v. R

Date: Jul 20, 2001

Knowledge Sufficiency in the Importation of Prohibited Goods: Insights from Forbesi v. R Introduction The case of Forbesi, R v. ([2002] 1 Cr App R 1) adjudicated by the United Kingdom House of Lords...

Standard of Proof and State Responsibility under Article 3: Insights from STARRED Kacaj (Albania) Judgment

Date: Jul 20, 2001

Standard of Proof and State Responsibility under Article 3: Insights from STARRED Kacaj (Albania) Judgment Introduction The case of STARRED Kacaj (Article 3, Standard of Proof, Non-State Actors)...

Preiss v. General Dental Council: Establishing Standards in Professional Conduct and Disciplinary Procedures

Date: Jul 18, 2001

Preiss v. General Dental Council: Establishing Standards in Professional Conduct and Disciplinary Procedures Introduction Preiss v. General Dental Council (GDC) ([2001] HRLR 56) is a pivotal case...

Enforcement of Cross-Jurisdictional Warrants: The McGrath v. Chief Constable RUC Decision

Date: Jul 13, 2001

Enforcement of Cross-Jurisdictional Warrants: The McGrath v. Chief Constable RUC Decision Introduction The case McGrath v. Chief Constable of The Royal Ulster Constabulary AN Another (Northern...

Newspaper Licensing Agency Limited v. Marks and Spencer Plc: Establishing Limits on Typographical Copyright

Date: Jul 13, 2001

Newspaper Licensing Agency Limited v. Marks and Spencer Plc: Establishing Limits on Typographical Copyright Introduction The case of Newspaper Licensing Agency Limited v. Marks and Spencer Plc...

Harvest Town Circle Ltd v. Rutherford: Overriding Age-Based Dismissal Provisions under Equal Pay Legislation

Date: Jul 11, 2001

Harvest Town Circle Ltd v. Rutherford: Overriding Age-Based Dismissal Provisions under Equal Pay Legislation Introduction The case of Harvest Town Circle Ltd v. Rutherford ([2001] UKEAT 1128_99_1007)...

Non-Retroactivity of the Human Rights Act 1998 and the Evidential Burden in Drug Possession Cases: A Commentary on R v Lambert [2001] UKHL 37

Date: Jul 6, 2001

Non-Retroactivity of the Human Rights Act 1998 and the Evidential Burden in Drug Possession Cases: A Commentary on R v Lambert [2001] UKHL 37 Introduction In the landmark case of R v Lambert [2001]...

M (A Minor) v. Secretary of State For Social Security: Transitional Protections in Disability Benefits

Date: Jul 6, 2001

M (A Minor) v. Secretary of State For Social Security: Transitional Protections in Disability Benefits Introduction The case of M (A Minor) v. Secretary of State For Social Security ([2001] 1 WLR...

Cantwell v. Criminal Injuries Compensation Board: Clarifying Pension Loss Calculations in Scottish Personal Injury Law

Date: Jul 6, 2001

Cantwell v. Criminal Injuries Compensation Board: Clarifying Pension Loss Calculations in Scottish Personal Injury Law Introduction Cantwell v. Criminal Injuries Compensation Board (Scotland) (2002...

Remunerative Work Determination in Ancillary School Employment: Insights from Chief Adjudication Officer v. Stafford and Banks [2001]

Date: Jun 29, 2001

Remunerative Work Determination in Ancillary School Employment: Insights from Chief Adjudication Officer v. Stafford and Banks [2001] Introduction The case of Chief Adjudication Officer v. Stafford...

Norris v. Customs and Excise: Upholding Third-Party Rights in Confiscation Orders

Date: Jun 29, 2001

Norris v. Customs and Excise: Upholding Third-Party Rights in Confiscation Orders Introduction The case of Norris, In Re [2001] UKHL 34 addresses significant issues surrounding the enforcement of...

Permanent Prohibition on Satisfying Iraqi Claims: Shanning International Ltd v Rasheed Bank [2001] UKHL 31

Date: Jun 29, 2001

Permanent Prohibition on Satisfying Iraqi Claims: Shanning International Ltd v Rasheed Bank [2001] UKHL 31 Introduction The case of Shanning International Ltd and Others v. Rasheed Bank and Others...

Optident Limited v Secretary of State: Definitive Separation of Medical Devices and Cosmetic Products under EU Directives

Date: Jun 29, 2001

Optident Limited v Secretary of State: Definitive Separation of Medical Devices and Cosmetic Products under EU Directives Introduction The case of Optident Limited and Another v. Secretary of State...

Clarifying Social Security Engagement Rules for Cyclical Workers: Banks v. Chief Adjudication Officer

Date: Jun 29, 2001

Clarifying Social Security Engagement Rules for Cyclical Workers: Banks v. Chief Adjudication Officer Introduction Banks v. Chief Adjudication Officer ([2001] UKSSCSC CIS_1118_1997) is a landmark...

Employment Rights Directive Reinforced: National Law Governs Employment Terms Post-Transfer in Ralton & Ors v. Havering College

Date: Jun 28, 2001

Employment Rights Directive Reinforced: National Law Governs Employment Terms Post-Transfer in Ralton & Ors v. Havering College Introduction The case of Ralton & Ors v. Havering College of Further &...

Parkins v. Sodexho Ltd: Extended Analysis on Protected Disclosures and Interim Relief

Date: Jun 23, 2001

Parkins v. Sodexho Ltd: Extended Analysis on Protected Disclosures and Interim Relief Introduction The case of Parkins v. Sodexho Ltd ([2001] UKEAT 1239_00_2206) addresses critical issues surrounding...

Establishing Effective Judicial Remedies Against the State: Insights from Gairy v. Attorney General of Grenada

Date: Jun 20, 2001

Establishing Effective Judicial Remedies Against the State: Insights from Gairy v. Attorney General of Grenada Introduction Gairy v. Attorney General of Grenada ([2002] AC 167) is a landmark case...

Ghosh v General Medical Council: Affirming Strict Enforcement of Conditional Registration in Medical Misconduct Cases

Date: Jun 19, 2001

Ghosh v General Medical Council: Affirming Strict Enforcement of Conditional Registration in Medical Misconduct Cases Introduction The case of Ghosh v General Medical Council (Professional Conduct...

Kuddus v. Chief Constable of Leicestershire Constabulary (2002): Reinforcing Exemplary Damages in Public Office Misfeasance

Date: Jun 8, 2001

Kuddus v. Chief Constable of Leicestershire Constabulary (2002): Reinforcing Exemplary Damages in Public Office Misfeasance Introduction Kuddus (AP) v. Chief Constable of Leicestershire Constabulary...