United Kingdom Case Commentaries

Reaffirming Parliamentary Sovereignty: House of Lords Bill and the Treaty of Union

Date: Nov 6, 1999

Reaffirming Parliamentary Sovereignty: House of Lords Bill and the Treaty of Union Introduction The Lord Gray Motion ([2000] 2 WLR 664) case addressed a pivotal constitutional question: whether the...

Chairman’s Discretion under s4(5) Industrial Tribunals Act 1996: Reaffirmation in Post Office v Howell

Date: Nov 2, 1999

Chairman’s Discretion under s4(5) Industrial Tribunals Act 1996: Reaffirmation in Post Office v Howell Introduction Post Office v Howell ([2000] ICR 913) is a pivotal judgment delivered by the United...

M v Chief Adjudication Officer: Broadening the Definition of Severe Impairment in Disability Living Allowance Assessments

Date: Oct 30, 1999

M v Chief Adjudication Officer: Broadening the Definition of Severe Impairment in Disability Living Allowance Assessments Introduction The case of M (a child) v. Chief Adjudication Officer ([1999]...

House of Lords Upholds Director of Public Prosecutions’ Discretion Under Section 16A PTA 1989: Affirming Compatibility with Article 6(2) ECHR

Date: Oct 29, 1999

House of Lords Upholds Director of Public Prosecutions’ Discretion Under Section 16A PTA 1989: Affirming Compatibility with Article 6(2) ECHR Introduction The case of Director of Public Prosecutions,...

Prohibition of Franchise Restaurants and Constitutional Rights: An Analysis of Grape Bay Limited v. Attorney General Bermuda [1999] UKPC 43

Date: Oct 29, 1999

Prohibition of Franchise Restaurants and Constitutional Rights: An Analysis of Grape Bay Limited v. Attorney General Bermuda [1999] UKPC 43 1. Introduction The case of Grape Bay Limited v. Attorney...

Supremacy of Community Law in National Legislation: The Factortame Damages Ruling

Date: Oct 29, 1999

Supremacy of Community Law in National Legislation: The Factortame Damages Ruling Introduction The Secretary of State for Transport, Ex Parte Factortame Ltd and Others, R v. ([1999] 3 WLR 1062)...

Recognition of Same-Sex Partners as Family Members for Tenancy Succession: Fitzpatrick v. Sterling Housing Association Ltd [1999] UKHL 42

Date: Oct 29, 1999

Recognition of Same-Sex Partners as Family Members for Tenancy Succession: Fitzpatrick v. Sterling Housing Association Ltd [1999] UKHL 42 Introduction The case of Fitzpatrick v. Sterling Housing...

Reynolds v. Times Newspapers Ltd: Balancing Freedom of Expression and Protection of Reputation

Date: Oct 29, 1999

Reynolds v. Times Newspapers Ltd: Balancing Freedom of Expression and Protection of Reputation Introduction The case of Reynolds v. Times Newspapers Ltd and Others ([2000] UKHL 45; [1999] 4 All ER...

Constructive Notice and Undue Influence in Mortgage Transactions: Barclays Bank Plc v. Boulter and Boulter

Date: Oct 22, 1999

Constructive Notice and Undue Influence in Mortgage Transactions: Barclays Bank Plc v. Boulter and Boulter Introduction Barclays Bank Plc v. Boulter and Boulter ([1999] UKHL 39) is a landmark...

Landlord's Non-Liability for Inherent Noise Due to Lack of Sound Insulation Under Covenant for Quiet Enjoyment

Date: Oct 22, 1999

Landlord's Non-Liability for Inherent Noise Due to Lack of Sound Insulation Under Covenant for Quiet Enjoyment Introduction The case of London Borough of Southwark and Another v. Mills and Others...

House of Lords Establishes Narrow Interpretation of "In Connection With" in Transport Regulations

Date: Oct 22, 1999

House of Lords Establishes Narrow Interpretation of "In Connection With" in Transport Regulations Introduction The case of Vehicle Inspectorate v. Bruce Cook Road Planing Ltd & Anor ([1999] 1 1907)...

House of Lords Establishes Narrow Interpretation of "In Connection With" for Highway Maintenance Exemptions under Transport Regulations

Date: Oct 22, 1999

House of Lords Establishes Narrow Interpretation of "In Connection With" for Highway Maintenance Exemptions under Transport Regulations Introduction The case of Vehicle Inspectorate v. Bruce Cook...

Defining Habitual Residence in Social Security Law: Insights from Nessa v. The Chief Adjudication Officer and Another [1999] UKHL 41

Date: Oct 22, 1999

Defining Habitual Residence in Social Security Law: Insights from Nessa v. The Chief Adjudication Officer and Another [1999] UKHL 41 Introduction The case of Nessa v. The Chief Adjudication Officer...

Kerry Foods Ltd v Creber: Defining TUPE Liability in Business Transfers and Unfair Dismissals

Date: Oct 12, 1999

Kerry Foods Ltd v Creber: Defining TUPE Liability in Business Transfers and Unfair Dismissals Introduction The case of Kerry Foods Ltd v Creber & Ors ([2000] ICR 556) was adjudicated by the United...

Haddon v. Van Den Bergh Foods Ltd: Reinforcing the Reasonableness Test in Fair Dismissal Cases

Date: Sep 30, 1999

Haddon v. Van Den Bergh Foods Ltd: Reinforcing the Reasonableness Test in Fair Dismissal Cases Introduction The case of Haddon v. Van Den Bergh Foods Ltd ([1999] UKEAT 1160_98_2909) serves as a...

Ensuring Adequate Reasoning and Avoiding Perverse Conclusions: Insights from Tchoula v. Icts (UK) Ltd [1999]

Date: Sep 28, 1999

Ensuring Adequate Reasoning and Avoiding Perverse Conclusions: Insights from Tchoula v. Icts (UK) Ltd [1999] Introduction The case of Tchoula v. Icts (UK) Ltd ([1999] UKEAT 465_99_2709) presents...

Preserving Natural Justice in Employment Tribunal Proceedings: A Comprehensive Analysis of London Borough Of Barking & Dagenham v. Oguoko

Date: Sep 28, 1999

Preserving Natural Justice in Employment Tribunal Proceedings: A Comprehensive Analysis of London Borough Of Barking & Dagenham v. Oguoko Introduction The case of London Borough Of Barking & Dagenham...

Reuben v. London Borough Of Brent & Anor: Affirming the Finality of Employment Tribunal Decisions

Date: Sep 15, 1999

Reuben v. London Borough Of Brent & Anor: Affirming the Finality of Employment Tribunal Decisions Introduction Reuben v. London Borough Of Brent & Anor ([2000] IRLR 176) is a significant judgment...

United States v. Bow Street Magistrates Court: Establishing Extradition Parameters for Computer Misuse Offences

Date: Aug 6, 1999

United States v. Bow Street Magistrates Court: Establishing Extradition Parameters for Computer Misuse Offences Introduction The case of United States of America (R) v. Bow Street Magistrates Court...

Severance Payment Calculation and Equal Pay Principles: Analysis of Barry v Midland Bank Plc [1999] UKHL 38

Date: Jul 23, 1999

Severance Payment Calculation and Equal Pay Principles: Analysis of Barry v Midland Bank Plc [1999] UKHL 38 Introduction Barry v Midland Bank Plc [1999] UKHL 38 is a landmark judgment delivered by...