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  • Commentaries

United Kingdom Case Commentaries

Total Gas Marketing Ltd v. ARCO British Ltd [1998] UKHL 22: Clarifying Conditions Precedent in Long-Term Commercial Contracts

Total Gas Marketing Ltd v. ARCO British Ltd [1998] UKHL 22: Clarifying Conditions Precedent in Long-Term Commercial Contracts

Date: May 21, 1998
Total Gas Marketing Ltd v. ARCO British Ltd [1998] UKHL 22 Clarifying Conditions Precedent in Long-Term Commercial Contracts Introduction Total Gas Marketing Ltd ("Total") entered into an identical...
Anastasiou v. Minister of Agriculture: Establishing New Standards for Phytosanitary Certification of Non-Member State Imports

Anastasiou v. Minister of Agriculture: Establishing New Standards for Phytosanitary Certification of Non-Member State Imports

Date: May 21, 1998
Anastasiou v. Minister of Agriculture: Establishing New Standards for Phytosanitary Certification of Non-Member State Imports Introduction The case of Minister of Agriculture, Fisheries and Food, Ex...
In re T (A Minor): Financial Constraints Irrelevant in Determining Suitable Education under Section 298

In re T (A Minor): Financial Constraints Irrelevant in Determining Suitable Education under Section 298

Date: May 21, 1998
In re T (A Minor): Financial Constraints Irrelevant in Determining Suitable Education under Section 298 Introduction The case of In re T (A Minor) [1998] UKHL 20 addresses a pivotal issue in the...
Overruling Crouch: Reaffirming Court Jurisdiction in Construction Contracts

Overruling Crouch: Reaffirming Court Jurisdiction in Construction Contracts

Date: May 21, 1998
Overruling Crouch: Reaffirming Court Jurisdiction in Construction Contracts Introduction The case of Beaufort Developments (NI) Ltd v. Gilbert-Ash NI Ltd and Others ([1998] UKHL 19) represents a...
Baker v. Black Sea & Baltic General Insurance Co Ltd: Proportional Re-insurance and Recovery of Defense Costs

Baker v. Black Sea & Baltic General Insurance Co Ltd: Proportional Re-insurance and Recovery of Defense Costs

Date: May 21, 1998
Baker v. Black Sea & Baltic General Insurance Co Ltd: Proportional Re-insurance and Recovery of Defense Costs 1. Introduction Baker v. Black Sea & Baltic General Insurance Company Ltd ([1998] UKHL...
Holland v. Glendale Industries Ltd: Establishing the Necessity of Clear Intent in Constructive Dismissal Claims

Holland v. Glendale Industries Ltd: Establishing the Necessity of Clear Intent in Constructive Dismissal Claims

Date: May 15, 1998
Holland v. Glendale Industries Ltd: Establishing the Necessity of Clear Intent in Constructive Dismissal Claims Introduction Holland v. Glendale Industries Ltd ([1998] UKEAT 903_97_1405) is a pivotal...
Re-employment Offers and Extension of Limitation Period: Insights from London Underground Ltd v. Noel

Re-employment Offers and Extension of Limitation Period: Insights from London Underground Ltd v. Noel

Date: May 14, 1998
Re-employment Offers and Extension of Limitation Period: Insights from London Underground Ltd v. Noel ([1998] UKEAT 1351_97_1305) 1. Introduction The case of London Underground Ltd v. Noel ([1998]...
Scope of Compromise Agreements under s.203 ERA 1996: Insights from Lunt v. Merseyside TEC Ltd

Scope of Compromise Agreements under s.203 ERA 1996: Insights from Lunt v. Merseyside TEC Ltd

Date: May 14, 1998
Scope of Compromise Agreements under s.203 ERA 1996: Insights from Lunt v. Merseyside TEC Ltd Introduction Lunt v. Merseyside TEC Ltd ([1998] UKEAT 951_97_1305) is a pivotal case adjudicated by the...
Affirming Appellate Jurisdiction for Judicial Review Applications: Kemper Reinsurance v Minister of Finance

Affirming Appellate Jurisdiction for Judicial Review Applications: Kemper Reinsurance v Minister of Finance

Date: May 6, 1998
Affirming Appellate Jurisdiction for Judicial Review Applications: Kemper Reinsurance v Minister of Finance Introduction Kemper Reinsurance Company v. The Minister of Finance and Others (Bermuda)...
Morse v. Wiltshire County Council: Strengthening Procedural Compliance in Disability Discrimination Redundancy Cases

Morse v. Wiltshire County Council: Strengthening Procedural Compliance in Disability Discrimination Redundancy Cases

Date: May 2, 1998
Morse v. Wiltshire County Council: Strengthening Procedural Compliance in Disability Discrimination Redundancy Cases Introduction Morse v. Wiltshire County Council ([1998] IRLR 352) is a landmark...
Williams v. Natural Life Health Foods Ltd: Establishing Director Liability under the Extended Hedley Byrne Principle

Williams v. Natural Life Health Foods Ltd: Establishing Director Liability under the Extended Hedley Byrne Principle

Date: May 1, 1998
Williams v. Natural Life Health Foods Ltd: Establishing Director Liability under the Extended Hedley Byrne Principle Introduction The case of Williams & Anor v. Natural Life Health Foods Ltd & Anor...
Employment Status Determination in Sponsored Schemes: Bearman & Ors [1998] UKEAT 1201

Employment Status Determination in Sponsored Schemes: Bearman & Ors [1998] UKEAT 1201

Date: Apr 7, 1998
Employment Status Determination in Sponsored Schemes: Bearman & Ors [1998] UKEAT 1201 Introduction The case of Secretary Of State For Education & Employment v. Bearman & Ors ([1998] UKEAT...
Clarifying 'Trading Up' under Section 34 of the Gaming Act 1968: Insights from Burt & Adams Ltd, R v.

Clarifying 'Trading Up' under Section 34 of the Gaming Act 1968: Insights from Burt & Adams Ltd, R v.

Date: Apr 3, 1998
Clarifying 'Trading Up' under Section 34 of the Gaming Act 1968: Insights from Burt & Adams Ltd, R v. Introduction The case of Burt & Adams Ltd, R v. [1998] 2 All ER 417 represents a significant...
Rey v. The Government of Switzerland and Others: Broad Conduct Test for Extraditable Offences Established

Rey v. The Government of Switzerland and Others: Broad Conduct Test for Extraditable Offences Established

Date: Apr 3, 1998
Rey v. The Government of Switzerland and Others: Broad Conduct Test for Extraditable Offences Established Introduction Rey v. The Government of Switzerland and Others (Bahamas) ([1999] AC 54) is a...
Limits of English Courts in Granting Anti-Suit Injunctions: Airbus Industrie GIE v. Patel and Others

Limits of English Courts in Granting Anti-Suit Injunctions: Airbus Industrie GIE v. Patel and Others

Date: Apr 3, 1998
Limits of English Courts in Granting Anti-Suit Injunctions: Airbus Industrie GIE v. Patel and Others Introduction The case of Airbus Industrie GIE v. Patel and Others ([1999] 1 AC 119) was...
Upholding the Validity of Subordinate Legislation in Criminal Proceedings: Boddington v. British Transport Police [1998] UKHL 13

Upholding the Validity of Subordinate Legislation in Criminal Proceedings: Boddington v. British Transport Police [1998] UKHL 13

Date: Apr 3, 1998
Upholding the Validity of Subordinate Legislation in Criminal Proceedings: Boddington v. British Transport Police [1998] UKHL 13 Introduction Boddington v. British Transport Police ([1998] UKHL 13)...
Current Well-Founded Fear Required for Refugee Status: Insights from Secretary of State v. Ex parte Adan

Current Well-Founded Fear Required for Refugee Status: Insights from Secretary of State v. Ex parte Adan

Date: Apr 3, 1998
Current Well-Founded Fear Required for Refugee Status: Insights from Secretary of State for the Home Department v. Ex parte Adan Introduction The landmark judgment in Secretary of State for the Home...
Interpretation of Section 93H of the Criminal Justice Act 1988: Limiting Production Orders to Proceeds of Criminal Conduct

Interpretation of Section 93H of the Criminal Justice Act 1988: Limiting Production Orders to Proceeds of Criminal Conduct

Date: Apr 3, 1998
Interpretation of Section 93H of the Criminal Justice Act 1988: Limiting Production Orders to Proceeds of Criminal Conduct Introduction The case of Regina v. Southwark Crown Court, Ex Parte Bowles,...
Defining 'The Transfer': Morris v. John Grose Group Ltd – A New Precedent on Unfair Dismissal Under TUPE Regulations

Defining 'The Transfer': Morris v. John Grose Group Ltd – A New Precedent on Unfair Dismissal Under TUPE Regulations

Date: Mar 28, 1998
Defining 'The Transfer': Morris v. John Grose Group Ltd – A New Precedent on Unfair Dismissal Under TUPE Regulations Introduction Morris v. John Grose Group Ltd ([1998] ICR 655) is a landmark case...
Employment Appeal Tribunal Sets Precedent on Fair Dismissal for One-Off Misjudgments

Employment Appeal Tribunal Sets Precedent on Fair Dismissal for One-Off Misjudgments

Date: Mar 24, 1998
Employment Appeal Tribunal Sets Precedent on Fair Dismissal for One-Off Misjudgments Introduction The case of Lock v. Cardiff Railway Company Ltd ([1998] UKEAT 1022_97_2303) marks a significant point...
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