United Kingdom Case Commentaries

Unlawful Sex Discrimination in Approved Premises Provision: Analysis of Coll v. Secretary of State for Justice [2017] UKSC 40

Date: May 25, 2017

Unlawful Sex Discrimination in Approved Premises Provision: Analysis of Coll v. Secretary of State for Justice [2017] UKSC 40 Introduction Coll v. Secretary of State for Justice ([2017] UKSC 40) is a...

TC v. Secretary of State for Work and Pensions: Redefining Habitual Residence Criteria

Date: May 25, 2017

TC v. Secretary of State for Work and Pensions: Redefining Habitual Residence Criteria Introduction The case of TC v. Secretary of State for Work and Pensions (JSA) ([2017] UKUT 222 (AAC)) represents...

Hughes (VO) v. York Museums and Gallery Trust: Establishing the Appropriate Valuation Method for Historic Museums in Non-Domestic Rating

Date: May 24, 2017

Hughes (VO) v. York Museums and Gallery Trust: Establishing the Appropriate Valuation Method for Historic Museums in Non-Domestic Rating Introduction The case of Hughes (VO) v. York Museums and...

Scott v. The Attorney General & Anor (Bahamas) [2017]: Principles for Assessing General Damages in Bahamian Courts

Date: May 17, 2017

Scott v. The Attorney General & Anor (Bahamas) [2017]: Principles for Assessing General Damages in Bahamian Courts Introduction In the landmark case of Scott v. The Attorney General & Anor (Bahamas)...

Proper Classification of Imported Goods: The Vital Nut Co Ltd v. Revenue and Customs Decision

Date: May 17, 2017

Proper Classification of Imported Goods: The Vital Nut Co Ltd v. Revenue and Customs Decision Introduction The case of Vital Nut Co Ltd v. Revenue and Customs ([2017] UKUT 192 (TCC)) addresses the...

Contactreal Ltd v. Smith Re Hitchman Court: Establishing New Valuation Principles in Leasehold Enfranchisement

Date: May 17, 2017

Contactreal Ltd v. Smith Re Hitchman Court: Establishing New Valuation Principles in Leasehold Enfranchisement Introduction The case Contactreal Ltd v. Smith Re Hitchman Court ([2017] UKUT 178 (LC))...

Discovery Assessment Scope in Tax Appeals: Clark v. Revenue and Customs

Date: May 13, 2017

Discovery Assessment Scope in Tax Appeals: Clark v. Revenue and Customs Introduction The case of Gareth Clark v. Revenue and Customs ([2017] UKFTT 392 (TC)) represents a significant judicial...

AC (Wholesale) Ltd v HMRC: Clarifying the 'Should Have Known' Test in VAT Fraud Cases

Date: May 13, 2017

AC (Wholesale) Ltd v HMRC: Clarifying the 'Should Have Known' Test in VAT Fraud Cases Introduction AC (Wholesale) Limited ('ACW'), a UK-based wholesaler of consumer electronics, found itself...

EAT Reaffirms Proper Application of Section 98 in Unfair Dismissal: No Requirement for Employee Conduct to Be Culpable

Date: May 12, 2017

EAT Reaffirms Proper Application of Section 98 in Unfair Dismissal: No Requirement for Employee Conduct to Be Culpable Introduction The Employment Appeal Tribunal (EAT) delivered a landmark judgment...

Tribunal Decision in Sudall v. Revenue and Customs: Penalty for Late Tax Return Submission

Date: May 11, 2017

Tribunal Decision in Sudall v. Revenue and Customs: Penalty for Late Tax Return Submission Introduction Sudall v. Revenue and Customs ([2017] UKFTT 404 (TC)) is a significant judgment rendered by the...

Upper Tribunal Upholds FTT Decision in Revenue and Customs v. Elbrook (Cash & Carry) Limited: A New Precedent on VAT Hardship Applications

Date: May 11, 2017

Upper Tribunal Upholds FTT Decision in Revenue and Customs v. Elbrook (Cash & Carry) Limited: A New Precedent on VAT Hardship Applications Introduction The case of Revenue and Customs v. Elbrook...

Sustainable Development and Housing Supply: Suffolk Coastal DC v. Hopkins Homes Ltd & Anor [2017] UKSC 37

Date: May 11, 2017

Sustainable Development and Housing Supply: Suffolk Coastal DC v. Hopkins Homes Ltd & Anor [2017] UKSC 37 Introduction The case of Suffolk Coastal District Council v. Hopkins Homes Ltd & Anor ([2017]...

Upper Tribunal Sets New Precedent on Rule 17 Withdrawal: Criteria for Continuing Appeals Despite Withdrawal in Immigration Proceedings

Date: May 9, 2017

Upper Tribunal Sets New Precedent on Rule 17 Withdrawal: Criteria for Continuing Appeals Despite Withdrawal in Immigration Proceedings Introduction The case of ZEI & Ors (Decision withdrawn - FtT...

Establishing the Sham Doctrine in Tax Avoidance: The Brain Disorders Research Ltd v HMRC [2017]

Date: May 9, 2017

Establishing the Sham Doctrine in Tax Avoidance: The Brain Disorders Research Ltd v HMRC [2017] Introduction The case of The Brain Disorders Research Ltd Partnership & Anor v. Revenue and Customs...

Legal Effect and Enforcement of Consent Orders in Judicial Review: Insights from MMK v Home Department

Date: May 6, 2017

Legal Effect and Enforcement of Consent Orders in Judicial Review: Insights from MMK v Home Department Introduction The case R (on the application of MMK) v Secretary of State for the Home Department...

HMRC’s Discretion and the Principle of Effectiveness in VAT Input Tax Claims: Revenue and Customs v. Boyce

Date: May 6, 2017

HMRC’s Discretion and the Principle of Effectiveness in VAT Input Tax Claims: Revenue and Customs v. Boyce Introduction The case of Revenue and Customs v. Boyce (t/a Glenwood) ([2017] UKUT 177 (TCC))...

CS and Others v Secretary of State [2017]: Burden of Proof for Foreign Law in Immigration Appeals Under Article 8 ECHR

Date: May 3, 2017

CS and Others v Secretary of State [2017]: Burden of Proof for Foreign Law in Immigration Appeals Under Article 8 ECHR Introduction The case of CS and Others v Secretary of State for the Home...

Best Judgment Assessments Under VATA 1994: Fio's Cash & Carry Ltd v Revenue and Customs

Date: Apr 27, 2017

Best Judgment Assessments Under VATA 1994: Fio's Cash & Carry Ltd v Revenue and Customs Introduction In the case of Fio's Cash & Carry Ltd v Revenue and Customs (VAT – Under-declared Sales) ([2017]...

Gold Nuts Ltd & Ors v. Revenue and Customs: Interpretation of Schedule 36 Notices

Date: Apr 26, 2017

Gold Nuts Ltd & Ors v. Revenue and Customs: Interpretation of Schedule 36 Notices Introduction Gold Nuts Ltd & Ors v. Revenue and Customs ([2017] UKFTT 354 (TC)) is a pivotal case adjudicated by the...

Duncan v. Revenue and Customs: Clarifying the Requirements for HMRC's Daily Penalties under Schedule 55

Date: Apr 25, 2017

Duncan v. Revenue and Customs: Clarifying the Requirements for HMRC's Daily Penalties under Schedule 55 Introduction Duncan v. Revenue and Customs ([2017] UKFTT 340 (TC)) is a pivotal case decided by...