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  • Commentaries

United Kingdom Case Commentaries

Clarifying Asset of Community Value: Physical and Functional Relationships in Mixed-Use Properties

Clarifying Asset of Community Value: Physical and Functional Relationships in Mixed-Use Properties

Date: Nov 3, 2015
Clarifying Asset of Community Value: Physical and Functional Relationships in Mixed-Use Properties Introduction The case of Wellington Pub Company v. The Royal Borough of Kensington and Chelsea &...
Article 6 ECHR and Reasonable Time in Overpayment Appeals: Commentary on AS v. Secretary of State for Work and Pensions (2015)

Article 6 ECHR and Reasonable Time in Overpayment Appeals: Commentary on AS v. Secretary of State for Work and Pensions (2015)

Date: Oct 31, 2015
Article 6 ECHR and Reasonable Time in Overpayment Appeals: Commentary on AS v. Secretary of State for Work and Pensions (2015) Introduction The case of AS v. Secretary of State for Work and Pensions...
Defining Dwellings for VAT Zero-Rating in Protected Building Alterations: Insights from Carson Contractors Ltd v. HMRC [2015] UKFTT 530 (TC)

Defining Dwellings for VAT Zero-Rating in Protected Building Alterations: Insights from Carson Contractors Ltd v. HMRC [2015] UKFTT 530 (TC)

Date: Oct 31, 2015
Defining Dwellings for VAT Zero-Rating in Protected Building Alterations: Insights from Carson Contractors Ltd v. HMRC [2015] UKFTT 530 (TC) Introduction The case of Carson Contractors Ltd v. The...
Upper Tribunal Sets New Precedent on Article 15(c) Humanitarian Protection in Iraq

Upper Tribunal Sets New Precedent on Article 15(c) Humanitarian Protection in Iraq

Date: Oct 31, 2015
Upper Tribunal Sets New Precedent on Article 15(c) Humanitarian Protection in Iraq Introduction The case of AA (Article 15(c)) (Rev 2) ([2015] UKUT 544 (IAC)) adjudicated by the Upper Tribunal's...
VAT Exemption Denied for Private Motocross and Motorcycle Maintenance Tuition – Defining 'Ordinarily Taught' Subjects in Educational VAT Exemptions

VAT Exemption Denied for Private Motocross and Motorcycle Maintenance Tuition – Defining 'Ordinarily Taught' Subjects in Educational VAT Exemptions

Date: Oct 29, 2015
VAT Exemption Denied for Private Motocross and Motorcycle Maintenance Tuition – Defining 'Ordinarily Taught' Subjects in Educational VAT Exemptions Introduction The case of Simon Newell t/a Chiltern...
Upper Tribunal Reinforces HMRC's Burden of Proof in Discovery Assessments – Burgess & Anor v. Revenue And Customs

Upper Tribunal Reinforces HMRC's Burden of Proof in Discovery Assessments – Burgess & Anor v. Revenue And Customs

Date: Oct 28, 2015
Upper Tribunal Reinforces HMRC's Burden of Proof in Discovery Assessments Introduction Burgess & Anor v. Revenue And Customs ([2015] BTC 533) is a significant case adjudicated by the Upper Tribunal...
Rathakrishnan v. Pizza Express: Establishing Principles for Just and Equitable Extensions of Time in Employment Discrimination Claims

Rathakrishnan v. Pizza Express: Establishing Principles for Just and Equitable Extensions of Time in Employment Discrimination Claims

Date: Oct 24, 2015
Rathakrishnan v. Pizza Express: Establishing Principles for Just and Equitable Extensions of Time in Employment Discrimination Claims Introduction The case of Rathakrishnan v. Pizza Express...
Reasonableness in Mitigation: Cooper Contracting Ltd v. Lindsey

Reasonableness in Mitigation: Cooper Contracting Ltd v. Lindsey

Date: Oct 23, 2015
Reasonableness in Mitigation: Cooper Contracting Ltd v. Lindsey Introduction The case of Cooper Contracting Ltd v. Lindsey ([2015] UKEAT 0184_15_2210) revolves around an employment dispute concerning...
Defining the Limits of the Surinder Singh Principle: Upper Tribunal's Ruling in Osoro v Secretary of State [2015] UKUT 593 (IAC)

Defining the Limits of the Surinder Singh Principle: Upper Tribunal's Ruling in Osoro v Secretary of State [2015] UKUT 593 (IAC)

Date: Oct 23, 2015
Defining the Limits of the Surinder Singh Principle: Upper Tribunal's Ruling in Osoro v Secretary of State [2015] UKUT 593 (IAC) Introduction The case of Osoro (Surinder Singh) [2015] UKUT 593 (IAC)...
Semeda v. Secretary of State for the Home Department: Establishing Rigorous Adherence to Statelessness Determination Policies

Semeda v. Secretary of State for the Home Department: Establishing Rigorous Adherence to Statelessness Determination Policies

Date: Oct 22, 2015
Semeda v. Secretary of State for the Home Department: Establishing Rigorous Adherence to Statelessness Determination Policies Introduction The case of R (on the application of Semeda) v. Secretary of...
Kelly v. Covance Laboratories Ltd: Clarifying Direct Race Discrimination and Harassment Standards under the Equality Act 2010

Kelly v. Covance Laboratories Ltd: Clarifying Direct Race Discrimination and Harassment Standards under the Equality Act 2010

Date: Oct 21, 2015
Kelly v. Covance Laboratories Ltd: Clarifying Direct Race Discrimination and Harassment Standards under the Equality Act 2010 Introduction Kelly v. Covance Laboratories Ltd ([2015] UKEAT...
Application of Section 118(2) TMA to Late Claims under Schedule 1AB: Raftopoulou v. Revenue & Customs

Application of Section 118(2) TMA to Late Claims under Schedule 1AB: Raftopoulou v. Revenue & Customs

Date: Oct 17, 2015
Application of Section 118(2) TMA to Late Claims under Schedule 1AB: Raftopoulou v. Revenue & Customs Introduction Raftopoulou v. Revenue & Customs ([2016] STC 656) is a pivotal case adjudicated by...
MF v. Secretary of State for Work and Pensions: Reinterpreting Descriptor 5 for Personal Independence Payment Claims

MF v. Secretary of State for Work and Pensions: Reinterpreting Descriptor 5 for Personal Independence Payment Claims

Date: Oct 16, 2015
MF v. Secretary of State for Work and Pensions: Reinterpreting Descriptor 5 for Personal Independence Payment Claims Introduction The case of MF v. Secretary of State for Work and Pensions (Personal...
Shahid v. Scottish Ministers: Reinforcing the Legal Boundaries of Prison Segregation under ECHR Article 8

Shahid v. Scottish Ministers: Reinforcing the Legal Boundaries of Prison Segregation under ECHR Article 8

Date: Oct 15, 2015
Shahid v. Scottish Ministers: Reinforcing the Legal Boundaries of Prison Segregation under ECHR Article 8 Introduction Shahid v. Scottish Ministers (2015 SLT 707) is a landmark case decided by the...
Mandalia v. Secretary of State for the Home Department: Upholding Evidential Flexibility in the Points-Based Immigration System

Mandalia v. Secretary of State for the Home Department: Upholding Evidential Flexibility in the Points-Based Immigration System

Date: Oct 15, 2015
Mandalia v. Secretary of State for the Home Department: Upholding Evidential Flexibility in the Points-Based Immigration System Introduction Mandalia v. Secretary of State for the Home Department...
Gohil v. Gohil: Reassessing the Admissibility of Fresh Evidence in Financial Order Set-Asides

Gohil v. Gohil: Reassessing the Admissibility of Fresh Evidence in Financial Order Set-Asides

Date: Oct 15, 2015
Gohil v. Gohil: Reassessing the Admissibility of Fresh Evidence in Financial Order Set-Asides Introduction Gohil v. Gohil ([2015] Fam Law 1459) is a seminal case decided by the United Kingdom Supreme...
Fraud in Matrimonial Consent Orders: Insights from Sharland v. Sharland [2015] UKSC 42

Fraud in Matrimonial Consent Orders: Insights from Sharland v. Sharland [2015] UKSC 42

Date: Oct 15, 2015
Fraud in Matrimonial Consent Orders: Insights from Sharland v. Sharland [2015] UKSC 42 Introduction Sharland v. Sharland is a landmark decision by the United Kingdom Supreme Court that delves into...
KOL & Ors v. BOWRING: Upholding the Jurisdiction of the First-tier Tribunal in Managerial Accountability

KOL & Ors v. BOWRING: Upholding the Jurisdiction of the First-tier Tribunal in Managerial Accountability

Date: Oct 15, 2015
KOL & Ors v. BOWRING: Upholding the Jurisdiction of the First-tier Tribunal in Managerial Accountability Introduction KOL & Ors v. BOWRING ([2015] UKUT 530 (LC)) is a pivotal case adjudicated by the...
Revenue & Customs v. Glyn: Clarifying the 'Distinct Break' in Tax Residency Law

Revenue & Customs v. Glyn: Clarifying the 'Distinct Break' in Tax Residency Law

Date: Oct 13, 2015
Revenue & Customs v. Glyn: Clarifying the 'Distinct Break' in Tax Residency Law Introduction Revenue & Customs v. Glyn ([2016] STC 1020) is a pivotal case adjudicated by the Upper Tribunal (Tax and...
Mitchell (Basnet Revisited): Clarifying the Burden of Proof in Immigration Application Defects

Mitchell (Basnet Revisited): Clarifying the Burden of Proof in Immigration Application Defects

Date: Oct 9, 2015
Mitchell (Basnet Revisited): Clarifying the Burden of Proof in Immigration Application Defects Introduction The case of Mitchell (Basnet revisited) ([2015] UKUT 562 (IAC)) is a pivotal decision by...
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