United Kingdom Case Commentaries

Affirming the Duty of Candour: Upper Tribunal's Ruling in R (Saha & Anor) v Secretary of State for the Home Department

Date: Jan 14, 2017

Affirming the Duty of Candour: Upper Tribunal's Ruling in R (Saha & Anor) v Secretary of State for the Home Department Introduction The case of R (Saha & Anor) v Secretary of State for the Home...

Establishing Criteria for Genuine and Effective Self-Employment: Insights from Revenue and Customs v. HD and GP (CHB)

Date: Jan 13, 2017

Establishing Criteria for Genuine and Effective Self-Employment: Insights from Revenue and Customs v. HD and GP (CHB) Introduction The case Revenue and Customs v. HD and GP (CHB) ([2017] UKUT 11...

Upper Tribunal Establishes Obligation to Consider Relevant PIP Evidence in ESA Claims

Date: Jan 13, 2017

Upper Tribunal Establishes Obligation to Consider Relevant PIP Evidence in ESA Claims Introduction The case JB v. Secretary of State for Work and Pensions (ESA) (2017) was adjudicated by the Upper...

Kaur [2017] UKUT 14: Balancing Children's Best Interests and Public Interest in Immigration Law

Date: Jan 11, 2017

Kaur [2017] UKUT 14: Balancing Children's Best Interests and Public Interest in Immigration Law Introduction The Upper Tribunal (Immigration and Asylum Chamber) decision in Kaur [2017] UKUT 14 (IAC)...

Reinforcing Due Diligence and Proportionality in Excise Duty Approval Revocation: Safe Cellars Ltd v HMRC

Date: Jan 11, 2017

Reinforcing Due Diligence and Proportionality in Excise Duty Approval Revocation: Safe Cellars Ltd v HMRC Introduction The case of Safe Cellars Ltd v. Revenue and Customs (Excise Warehouse: Approval)...

Reasonableness of On-Account Service Charge Payments: Knapper v. Francis [2017] UKUT 3 (LC)

Date: Jan 11, 2017

Reasonableness of On-Account Service Charge Payments: Knapper v. Francis [2017] UKUT 3 (LC) Introduction The case of Knapper & Ors (Members of Point Curlew Tenants Association) v. Francis & Anor...

Broad Interpretation of 'In Connection With' in Unauthorized Pension Scheme Payments: Mark Danvers v. Revenue and Customs

Date: Jan 11, 2017

Broad Interpretation of 'In Connection With' in Unauthorized Pension Scheme Payments: Mark Danvers v. Revenue and Customs Introduction The case of Mark Danvers v. Revenue and Customs (INCOME TAX :...

Clarifying the Compelling Circumstances Test under NIAA 2002 Part 5A: Treebhawon and Others [2017] UKUT 13 (IAC)

Date: Jan 10, 2017

Clarifying the Compelling Circumstances Test under NIAA 2002 Part 5A: Treebhawon and Others [2017] UKUT 13 (IAC) Introduction The case of Treebhawon and Others [2017] UKUT 13 (IAC) represents a...

Defining Reasonable Requirement for HMRC Information Notices: The Phillipou v. Revenue and Customs Decision

Date: Jan 6, 2017

Defining Reasonable Requirement for HMRC Information Notices: The Phillipou v. Revenue and Customs Decision Introduction The case of Marylin May Phillipou v. Revenue and Customs ([2017] UKFTT 20...

Tribunal Upholds Appeals in Hill v. Revenue and Customs: Clarifying Jurisdiction and Reasonable Prospect in Excise Duty Cases

Date: Jan 4, 2017

Tribunal Upholds Appeals in Hill v. Revenue and Customs: Clarifying Jurisdiction and Reasonable Prospect in Excise Duty Cases Introduction In the case of Hill v. Revenue and Customs ([2017] UKFTT 18...

Clarifying the Burden of Proof in Out-of-Time Discovery Assessments: Munford v Revenue and Customs

Date: Jan 4, 2017

Clarifying the Burden of Proof in Out-of-Time Discovery Assessments: Munford v Revenue and Customs Introduction In the case of Munford v. Revenue and Customs [2017] UKFTT 19 (TC), Mr. Paul Munford...

Nonyane v HMRC: Upholding the Validity of Discovery Assessments for High Income Child Benefit Charge Without Direct Taxpayer Notification

Date: Dec 31, 2016

Nonyane v HMRC: Upholding the Validity of Discovery Assessments for High Income Child Benefit Charge Without Direct Taxpayer Notification Introduction The case of Nonyane v. Revenue and Customs...

Mohibullah v. Secretary of State for the Home Department: Upholding Procedural Fairness in Immigration Leave Curtailment

Date: Dec 24, 2016

Mohibullah v. Secretary of State for the Home Department: Upholding Procedural Fairness in Immigration Leave Curtailment Introduction In the landmark case of Mohibullah v. Secretary of State for the...

Reevaluation of Medical Evidence in PIP Appeals: AP v. Secretary of State for Work and Pensions

Date: Dec 23, 2016

Reevaluation of Medical Evidence in PIP Appeals: AP v. Secretary of State for Work and Pensions Introduction The case AP v. Secretary of State for Work and Pensions (PIP) ([2016] UKUT 416 (AAC))...

Scatliffe v. Scatliffe: Reinforcement of the Sharing Principle in Matrimonial Property Distribution

Date: Dec 13, 2016

Scatliffe v. Scatliffe: Reinforcement of the Sharing Principle in Matrimonial Property Distribution Introduction In the case of Scatliffe v. Scatliffe (British Virgin Islands) ([2017] 2 WLR 106), the...

No Reasonable Excuse for Late Enhanced Protection Pension Application

Date: Dec 9, 2016

No Reasonable Excuse for Late Enhanced Protection Pension Application Introduction The case of Yablon v. Revenue and Customs ([2016] UKFTT 814 (TC)) deals with a pivotal issue in tax law concerning...

Supersession in Personal Independence Payment Claims: Insights from DS v. Secretary of State for Work and Pensions

Date: Dec 3, 2016

Supersession in Personal Independence Payment Claims: Insights from DS v. Secretary of State for Work and Pensions Introduction The case DS v. Secretary of State for Work and Pensions (PIP), reported...

Upper Tribunal Decision in KB v. Secretary of State for Work and Pensions (PIP): Supersession Procedure Clarified

Date: Dec 3, 2016

Supersession Procedure in PIP Claims: Insights from KB v. Secretary of State for Work and Pensions Introduction The case KB v. Secretary of State for Work and Pensions (PIP) ([2016] UKUT 537 (AAC))...

Establishing Jurisdiction in Closure Notices: Insights from B&K Lavery Property Trading Partnership v. Revenue & Customs

Date: Dec 2, 2016

Establishing Jurisdiction in Closure Notices: Insights from B&K Lavery Property Trading Partnership v. Revenue & Customs Introduction The case of B&K Lavery Property Trading Partnership v. Revenue &...

Savic v. The Information Commissioner: Re-defining NCND Exemptions and Public Interest Balances under FOIA (2016)

Date: Dec 1, 2016

Savic v. The Information Commissioner: Re-defining NCND Exemptions and Public Interest Balances under FOIA (2016) Introduction Savic v. The Information Commissioner, The Attorney General's Office and...