United Kingdom Case Commentaries

Upper Tribunal Clarifies "New Matter" in EEA Appeals: Oksuzoglu v Secretary of State for the Home Department

Date: Oct 18, 2018

Upper Tribunal Clarifies "New Matter" in EEA Appeals: Oksuzoglu v Secretary of State for the Home Department Introduction The case of Oksuzoglu v Secretary of State for the Home Department ([2018]...

Balancing Anti-Discrimination and Freedom of Expression: Lee v. Ashers Baking Company Ltd [2018] UKSC 49

Date: Oct 11, 2018

Balancing Anti-Discrimination and Freedom of Expression: Lee v. Ashers Baking Company Ltd [2018] UKSC 49 1. Introduction Lee v. Ashers Baking Company Ltd & Ors (Northern Ireland) ([2018] UKSC 49) is...

Duty of Care for Non-Medical Staff in Emergency Departments: Darnley v. Croydon Health Services NHS Trust [2018] UKSC 50

Date: Oct 11, 2018

Duty of Care for Non-Medical Staff in Emergency Departments: Darnley v. Croydon Health Services NHS Trust [2018] UKSC 50 Introduction The case of Darnley v. Croydon Health Services NHS Trust ([2018]...

Supreme Court Affirms Local Authority's Power to Impose Category-Specific Conditions on HMOs

Date: Oct 11, 2018

Supreme Court Affirms Local Authority's Power to Impose Category-Specific Conditions on HMOs Introduction The case of Nottingham City Council v. Parr & Anor ([2018] UKSC 51) addresses the extent of...

Requirement to Incorporate Child's Views in EHC Plan Appeal Proceedings Established in M and M v West Sussex County Council

Date: Oct 1, 2018

Requirement to Incorporate Child's Views in EHC Plan Appeal Proceedings Established in M and M v West Sussex County Council Introduction The case of M and M v West Sussex County Council (SEN) ([2018]...

Relativity in Lease Extension Valuation: Upper Tribunal Sets New Precedent in Reiss v. Ironhawk Ltd

Date: Sep 28, 2018

Relativity in Lease Extension Valuation: Upper Tribunal Sets New Precedent in Reiss v. Ironhawk Ltd Introduction The case of Reiss v. Ironhawk Ltd, Re: 76 Hampden Lane ([2018] UKUT 311 (LC)) stands...

Benton v. HM Revenue & Customs: Establishing the Reasonableness Standard in FN Penalties

Date: Sep 28, 2018

Benton v. HM Revenue & Customs: Establishing the Reasonableness Standard in FN Penalties Introduction Benton & Ors v. Revenue & Customs ([2018] UKFTT 593 (TC)) is a significant judgment delivered by...

Reeves v. Revenue and Customs: Redefining Hold-Over Relief Eligibility under Capital Gains Tax

Date: Sep 27, 2018

Reeves v. Revenue and Customs: Redefining Hold-Over Relief Eligibility under Capital Gains Tax Introduction Reeves v. Revenue and Customs ([2018] UKUT 293 (TCC)) is a pivotal case adjudicated by the...

Ping Europe Ltd v. Competition and Markets Authority: Establishing New Standards for Internet Sales Bans in Selective Distribution Systems

Date: Sep 8, 2018

Ping Europe Ltd v. Competition and Markets Authority: Establishing New Standards for Internet Sales Bans in Selective Distribution Systems Introduction In Ping Europe Ltd v. Competition and Markets...

Expanding Anti-Discrimination in Survivors’ Benefits: McLaughlin v UK Supreme Court Sets New Precedent

Date: Aug 31, 2018

Expanding Anti-Discrimination in Survivors’ Benefits: McLaughlin v UK Supreme Court Sets New Precedent Introduction In the landmark case McLaughlin, Re Judicial Review (Northern Ireland) (Rev 1)...

Hastings Insurance Services Ltd v Revenue & Customs: Upholding Open Justice through Inherent Tribunal Jurisdiction for Document Access

Date: Aug 16, 2018

Hastings Insurance Services Ltd v Revenue & Customs: Upholding Open Justice through Inherent Tribunal Jurisdiction for Document Access Introduction Hastings Insurance Services Ltd v. Revenue &...

Ignorance of Tax Law Does Not Constitute a Reasonable Excuse: Gilbert v. Revenue & Customs

Date: Aug 9, 2018

Ignorance of Tax Law Does Not Constitute a Reasonable Excuse: Gilbert v. Revenue & Customs Introduction Gilbert v. Revenue & Customs ([2018] UKFTT 437 (TC)) is a pivotal case adjudicated by the...

Ortega Remittal Decision: Balancing Immigration Conduct and Parental Relationships

Date: Aug 7, 2018

Ortega Remittal Decision: Balancing Immigration Conduct and Parental Relationships Introduction The case of Mr. Victor Omar Ortega ([2018] UKUT 298 (IAC)) addresses critical issues surrounding...

Upper Tribunal Permits Admission of Previously Undisclosed Evidence in Best Judgment VAT Assessments

Date: Aug 4, 2018

Upper Tribunal Permits Admission of Previously Undisclosed Evidence in Best Judgment VAT Assessments Introduction The case of Karoulla (trading as Brockley's Rock) v. Revenue and Customs (Tax)...

Clarifying Structural Detachment under the Right to Manage: CQN RTM Co. Ltd v. Broad Quay North Block Freehold & Anor

Date: Aug 1, 2018

Clarifying Structural Detachment under the Right to Manage: CQN RTM Co. Ltd v. Broad Quay North Block Freehold & Anor Introduction The case CQN RTM Co. Ltd v. Broad Quay North Block Freehold & Anor...

Marlborough Park Services Ltd v. Leitner: Jurisdictional Limits of the FTT in Service Charge Determinations

Date: Aug 1, 2018

Marlborough Park Services Ltd v. Leitner: Jurisdictional Limits of the FTT in Service Charge Determinations Introduction The case of Marlborough Park Services Ltd v. Leitner ([2018] UKUT 230 (LC))...

Bashir v. Secretary of State for the Home Department: Upholding the Applicability of the Refugee Convention to the Sovereign Base Areas

Date: Jul 31, 2018

Bashir v. Secretary of State for the Home Department: Upholding the Applicability of the Refugee Convention to the Sovereign Base Areas Introduction In the landmark case of Bashir & Ors v. Secretary...

Supreme Court Establishes Framework for Disclosure of Acquitted Allegations in Enhanced Criminal Record Certificates

Date: Jul 31, 2018

Supreme Court Establishes Framework for Disclosure of Acquitted Allegations in Enhanced Criminal Record Certificates Introduction The case of AR, R (on the application of) v. Chief Constable of...

Court of Protection Not Mandatory for Withdrawal of CANH in PDOC Cases

Date: Jul 31, 2018

Court of Protection Not Mandatory for Withdrawal of CANH in PDOC Cases Introduction The Supreme Court case An NHS Trust & Ors v. Y & Anor (Rev 1) ([2018] UKSC 46) addresses a pivotal question in...

Banca Nazionale del Lavoro v. Playboy Club: Establishing Duty of Care in Undisclosed Principal Scenarios

Date: Jul 27, 2018

Banca Nazionale del Lavoro v. Playboy Club: Establishing Duty of Care in Undisclosed Principal Scenarios Introduction The case of Banca Nazionale del Lavoro SPA v. Playboy Club London Ltd & Ors...