United Kingdom Case Commentaries

Upper Tribunal Establishes Standard Basis for Costs Orders in SEN Appeals Involving Controlled Legal Aid

Date: Apr 25, 2017

Upper Tribunal Establishes Standard Basis for Costs Orders in SEN Appeals Involving Controlled Legal Aid Introduction The case MG v. Cambridgeshire County Council (SEN) ([2017] ELR 351) was...

Islam v HMRC: Establishing the Necessity of Rigorous Compliance with Schedule 55 Penalty Provisions

Date: Apr 22, 2017

Islam v HMRC: Establishing the Necessity of Rigorous Compliance with Schedule 55 Penalty Provisions Introduction The case of Mohammed Samuel Islam (trading as Zainub Takeaway) versus The...

Clarifying Sleep-In Time as Working Time for National Minimum Wage: Focus Care Agency Ltd v. Roberts [2017]

Date: Apr 22, 2017

Clarifying Sleep-In Time as Working Time for National Minimum Wage: Focus Care Agency Ltd v. Roberts [2017] Introduction The case of Focus Care Agency Ltd v. Roberts ([2017] IRLR 588) addresses...

Service of Service Charge Notices: Precedents Established in London Borough of Southwark v Akhtar (2017)

Date: Apr 21, 2017

Service of Service Charge Notices: Precedents Established in London Borough of Southwark v Akhtar (2017) Introduction The case of London Borough of Southwark v. Akhtar concerns disputes over the...

Pirzada [2017] UKUT 196 (IAC): Clarifying Deprivation of British Citizenship Under Section 40(3)

Date: Apr 21, 2017

Pirzada [2017] UKUT 196 (IAC): Clarifying Deprivation of British Citizenship Under Section 40(3) Introduction The case of Pirzada [2017] UKUT 196 (IAC) presents a significant examination of the legal...

Integration of Planning Control in Selective Licensing: Waltham Forest v. Khan [2017]

Date: Apr 13, 2017

Integration of Planning Control in Selective Licensing: Waltham Forest v. Khan [2017] UKUT 153 (LC) Introduction The case of Waltham Forest v. Khan ([2017] UKUT 153 (LC)) addresses the interplay...

RLP (BAH revisited – Expeditious Justice) Jamaica: Reinforcing the Imperative of Timely Case Management in Immigration Appeals

Date: Apr 12, 2017

RLP (BAH revisited – Expeditious Justice) Jamaica: Reinforcing the Imperative of Timely Case Management in Immigration Appeals Introduction The judicial landscape of immigration appeals was...

Double Taxation and the Round the World Scheme: Insights from Lee & Anor v. Revenue and Customs

Date: Apr 8, 2017

Double Taxation and the Round the World Scheme: Insights from Lee & Anor v. Revenue and Customs Introduction The case of Lee & Anor v. Revenue and Customs addresses significant issues surrounding...

Forager Limited v. Natural England: Strengthening the Enforcement of Environmental Stop Notices

Date: Apr 7, 2017

Forager Limited v. Natural England: Strengthening the Enforcement of Environmental Stop Notices Introduction The case of Forager Limited v. Natural England ([2017] UKUT 148 (AAC)) represents a...

Effective Self-Employment Under EEA Regulations: Commentary on DV v. Secretary of State for Work and Pensions

Date: Apr 7, 2017

Effective Self-Employment Under EEA Regulations: Commentary on DV v. Secretary of State for Work and Pensions Introduction The case of DV v. Secretary of State for Work and Pensions ([2017] UKUT 155...

Upper Tribunal Clarifies 'Commercial Basis' and 'Active Membership' Tests in Sideways Loss Relief for LLP Members

Date: Apr 1, 2017

Upper Tribunal Clarifies 'Commercial Basis' and 'Active Membership' Tests in Sideways Loss Relief for LLP Members Introduction Seven Individuals v. Revenue and Customs (INCOME) ([2017] BTC 513) is a...

Gibson v Pride Mobility Products Ltd: Pioneering Opt-Out Collective Proceedings in UK Competition Law

Date: Apr 1, 2017

Gibson v Pride Mobility Products Ltd: Pioneering Opt-Out Collective Proceedings in UK Competition Law Introduction Gibson v. Pride Mobility Products Ltd ([2017] CAT 9) marks a significant milestone...

Banger Case: Expanding the Surinder Singh Principle to Unmarried Partners

Date: Mar 31, 2017

Banger Case: Expanding the Surinder Singh Principle to Unmarried Partners Introduction The Banger (Unmarried Partner of British National: South Africa) case ([2017] UKUT 125 (IAC)) represents a...

Reversing Burden of Proof in Race Discrimination Cases: Analysis of Chief Constable of Kent Constabulary v. Bowler [2017]

Date: Mar 23, 2017

Reversing Burden of Proof in Race Discrimination Cases: Analysis of Chief Constable of Kent Constabulary v. Bowler [2017] Introduction Chief Constable of Kent Constabulary v. Bowler ([2017] UKEAT...

Ordinary Market Operator Test Established for Third-Party Identification in Regulatory Notices

Date: Mar 23, 2017

Ordinary Market Operator Test Established for Third-Party Identification in Regulatory Notices Introduction The case Financial Conduct Authority v. Macris ([2017] UKSC 19) deals with the complexities...

Upper Tribunal Rules Settlement of Turkish Nationals and Families Excluded from Stand-Still Clause under Ankara Agreement

Date: Mar 21, 2017

Upper Tribunal Rules Settlement of Turkish Nationals and Families Excluded from Stand-Still Clause under Ankara Agreement Introduction The case Aydogdu, R (on the application of) v. Secretary of...

Upper Tribunal Establishes Precedent on Revocation of Deportation Orders After Ten Years under Paragraph 391(a)

Date: Mar 18, 2017

Upper Tribunal Establishes Precedent on Revocation of Deportation Orders After Ten Years under Paragraph 391(a) Introduction The case of Kevin Christopher Smith v The Secretary of State for the Home...

Defining Recipient of VAT Supply: Comprehensive Analysis of U-Drive Ltd v. HMRC (2017)

Date: Mar 18, 2017

Defining Recipient of VAT Supply: Comprehensive Analysis of U-Drive Ltd v. HMRC (2017) Introduction The case of U-Drive Limited ("UDL") v. The Commissioners for Her Majesty's Revenue and Customs...

Establishing Timelines for HMRC Closure Notices: BCM Cayman v Revenue and Customs [2017] UKFTT 226 (TC)

Date: Mar 16, 2017

Establishing Timelines for HMRC Closure Notices: BCM Cayman v Revenue and Customs [2017] UKFTT 226 (TC) Introduction The case of BCM Cayman LP & Bluecrest Capital Management Cayman Limited v. Revenue...

Enhanced Scrutiny of Credibility Assessments in Asylum Claims: SS v. Secretary of State for the Home Department

Date: Mar 14, 2017

Enhanced Scrutiny of Credibility Assessments in Asylum Claims: SS v. Secretary of State for the Home Department Introduction The case of R (on the application of SS) v. Secretary of State for the...