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  • Commentaries

United Kingdom Case Commentaries

O'Brien v. Ministry of Justice: Extending EU Directive Temporal Scope to Part-Time Judicial Pensions

O'Brien v. Ministry of Justice: Extending EU Directive Temporal Scope to Part-Time Judicial Pensions

Date: Jul 13, 2017
O'Brien v. Ministry of Justice: Extending EU Directive Temporal Scope to Part-Time Judicial Pensions Introduction O'Brien v. Ministry of Justice ([2017] UKSC 46) is a seminal case adjudicated by the...
Defining Patent Infringement through the Doctrine of Equivalents: Analysis of Eli Lilly v Actavis UK Ltd [2017] UKSC 48

Defining Patent Infringement through the Doctrine of Equivalents: Analysis of Eli Lilly v Actavis UK Ltd [2017] UKSC 48

Date: Jul 13, 2017
Defining Patent Infringement through the Doctrine of Equivalents: Analysis of Eli Lilly v Actavis UK Ltd [2017] UKSC 48 Introduction The case of Eli Lilly v Actavis UK Ltd & Ors ([2017] UKSC 48)...
Equal Treatment of Same-Sex Partners in Occupational Pension Schemes: Walker v. Innospec Ltd & Ors [2017]

Equal Treatment of Same-Sex Partners in Occupational Pension Schemes: Walker v. Innospec Ltd & Ors [2017]

Date: Jul 13, 2017
Equal Treatment of Same-Sex Partners in Occupational Pension Schemes: Walker v. Innospec Ltd & Ors [2017] Introduction Walker v. Innospec Ltd & Ors ([2017] WLR(D) 477) is a landmark judgment...
Appearance of Bias in Administrative Tribunals: Insights from Sivapatham [2017] UKUT 293 (IAC)

Appearance of Bias in Administrative Tribunals: Insights from Sivapatham [2017] UKUT 293 (IAC)

Date: Jul 8, 2017
Appearance of Bias in Administrative Tribunals: Insights from Sivapatham [2017] UKUT 293 (IAC) Introduction The case of Sivapatham ([2017] UKUT 293 (IAC)) addresses significant concerns regarding the...
Lyth v. Revenue and Customs: Deliberate Inaccuracy in Tax Returns

Lyth v. Revenue and Customs: Deliberate Inaccuracy in Tax Returns

Date: Jul 7, 2017
Lyth v. Revenue and Customs: Deliberate Inaccuracy in Tax Returns Introduction The case of Lyth v. Revenue and Customs ([2017] UKFTT 549 (TC)) presents a significant examination of the nuances...
Pearson v. Primeo Fund: Defining Redemption Priority in Winding Up under Cayman Islands Companies Law

Pearson v. Primeo Fund: Defining Redemption Priority in Winding Up under Cayman Islands Companies Law

Date: Jul 7, 2017
Pearson v. Primeo Fund: Defining Redemption Priority in Winding Up under Cayman Islands Companies Law Introduction The case of Pearson v. Primeo Fund (Cayman Islands) ([2017] UKPC 19) presents a...
UK Supreme Court Establishes Tax Liability on Third-Party Employee Remuneration: RFC 2012 v. Advocate General for Scotland

UK Supreme Court Establishes Tax Liability on Third-Party Employee Remuneration: RFC 2012 v. Advocate General for Scotland

Date: Jul 6, 2017
UK Supreme Court Establishes Tax Liability on Third-Party Employee Remuneration: RFC 2012 v. Advocate General for Scotland Introduction The case of RFC 2012 Plc (formerly The Rangers Football Club...
Chard v. Trowbridge Office Cleaning Services Ltd: Defining Minor Errors in Early Conciliation Certificates

Chard v. Trowbridge Office Cleaning Services Ltd: Defining Minor Errors in Early Conciliation Certificates

Date: Jul 5, 2017
Chard v. Trowbridge Office Cleaning Services Ltd: Defining Minor Errors in Early Conciliation Certificates Introduction The case of Chard v. Trowbridge Office Cleaning Services Ltd, adjudicated by...
Tribunal's Discretion in Rent Repayment Orders Affirmed: The London Borough of Newham v. Harris

Tribunal's Discretion in Rent Repayment Orders Affirmed: The London Borough of Newham v. Harris

Date: Jul 5, 2017
Tribunal's Discretion in Rent Repayment Orders Affirmed: The London Borough of Newham v. Harris Introduction The case of The London Borough of Newham v. Harris ([2017] UKUT 264 (LC)) addresses the...
Globalia Business Travel SAU v. Fulton Shipping Inc: Establishing Principles on Mitigation and Benefit Attribution in Charterparty Repudiations

Globalia Business Travel SAU v. Fulton Shipping Inc: Establishing Principles on Mitigation and Benefit Attribution in Charterparty Repudiations

Date: Jun 29, 2017
Globalia Business Travel SAU v. Fulton Shipping Inc: Establishing Principles on Mitigation and Benefit Attribution in Charterparty Repudiations Introduction In the landmark case of Globalia Business...
Supreme Court Upholds Compatibility of Extradition Procedures with ECHR: Lord Advocate v. Dean

Supreme Court Upholds Compatibility of Extradition Procedures with ECHR: Lord Advocate v. Dean

Date: Jun 29, 2017
Supreme Court Upholds Compatibility of Extradition Procedures with ECHR: Lord Advocate v. Dean Introduction The case of Lord Advocate (representing the Taiwanese Judicial Authorities) v. Dean ([2017]...
Upper Tribunal Establishes Libya's Indiscriminate Violence as Grounds for Subsidiary Protection under Article 15(c)

Upper Tribunal Establishes Libya's Indiscriminate Violence as Grounds for Subsidiary Protection under Article 15(c)

Date: Jun 29, 2017
Upper Tribunal Establishes Libya's Indiscriminate Violence as Grounds for Subsidiary Protection under Article 15(c) Introduction The case of ZMM (Article 15(c)) Libya CG [2017] UKUT 263 (IAC)...
Ordinary Judicial Review Principles Confirmed for Deception Findings in ETS Immigration Cases

Ordinary Judicial Review Principles Confirmed for Deception Findings in ETS Immigration Cases

Date: Jun 21, 2017
Ordinary Judicial Review Principles Confirmed for Deception Findings in ETS Immigration Cases Introduction The case of Nawaz, R (on the application of) v. Secretary of State for the Home Department...
Clarifying VAT on Excess Payments in Car Park Services: NCP v HMRC [2017] UKUT 247

Clarifying VAT on Excess Payments in Car Park Services: NCP v HMRC [2017] UKUT 247

Date: Jun 17, 2017
Clarifying VAT on Excess Payments in Car Park Services: NCP v HMRC [2017] UKUT 247 Introduction The case National Car Parks Limited v. Revenue and Customs ([2017] UKUT 247 (TCC)) addresses a...
Effective Participation in Out-of-Country Deportation Appeals: Kiarie and Byndloss v Home Department [2017] UKSC 42

Effective Participation in Out-of-Country Deportation Appeals: Kiarie and Byndloss v Home Department [2017] UKSC 42

Date: Jun 15, 2017
Effective Participation in Out-of-Country Deportation Appeals: Kiarie and Byndloss v Home Department [2017] UKSC 42 Introduction The case of Kiarie and Byndloss v Secretary of State for the Home...
UK Supreme Court Establishes Duty to Provide Equal NHS Abortion Services for Northern Ireland Residents

UK Supreme Court Establishes Duty to Provide Equal NHS Abortion Services for Northern Ireland Residents

Date: Jun 15, 2017
UK Supreme Court Establishes Duty to Provide Equal NHS Abortion Services for Northern Ireland Residents Introduction The United Kingdom Supreme Court delivered a landmark judgment on June 14, 2017,...
Jurisdictional Lapsing in Tax Credits Appeals: LS and RS v HMRC [2017] UKUT 257 (AAC)

Jurisdictional Lapsing in Tax Credits Appeals: LS and RS v HMRC [2017] UKUT 257 (AAC)

Date: Jun 15, 2017
Jurisdictional Lapsing in Tax Credits Appeals: LS and RS v HMRC [2017] UKUT 257 (AAC) 1. Introduction The case of LS and RS v Commissioners for Her Majesty's Revenue and Customs (HMRC) ([2017] UKUT...
Tribunal Decision on Consortium Relief Claims: South Eastern Power Networks PLC & Ors v. Revenue and Customs

Tribunal Decision on Consortium Relief Claims: South Eastern Power Networks PLC & Ors v. Revenue and Customs

Date: Jun 14, 2017
Tribunal Decision on Consortium Relief Claims South Eastern Power Networks PLC & Ors v. Revenue and Customs (2017) Introduction The case of South Eastern Power Networks PLC & Ors v. Revenue and...
Discharge of Restrictive Covenants: The Aclet Case Commentary

Discharge of Restrictive Covenants: The Aclet Case Commentary

Date: Jun 9, 2017
Discharge of Restrictive Covenants: The Aclet Case Commentary Introduction The case of James Hall And Company (Property) Ltd v. Maughan & Ors, Re The Aclet (Restrictive Covenants) ([2017] UKUT 240...
Admissibility of New Grounds and Evidence in Tribunal Appeals – Bramley Ferry Supplies Ltd v HMRC [2017] UKUT 214 (TCC)

Admissibility of New Grounds and Evidence in Tribunal Appeals – Bramley Ferry Supplies Ltd v HMRC [2017] UKUT 214 (TCC)

Date: Jun 8, 2017
Admissibility of New Grounds and Evidence in Tribunal Appeals – Bramley Ferry Supplies Ltd v HMRC [2017] UKUT 214 (TCC) Introduction The case of Bramley Ferry Supplies Ltd v. HM Revenue and Customs...
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