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  • Commentaries

United Kingdom Case Commentaries

Upper Tribunal Establishes Equitable Estoppel in Service Charge Certification Disputes

Upper Tribunal Establishes Equitable Estoppel in Service Charge Certification Disputes

Date: Aug 14, 2015
Upper Tribunal Establishes Equitable Estoppel in Service Charge Certification Disputes Introduction The case of Clacy & Anor v. Sanchez & Ors ([2015] UKUT 387 (LC)) presents a pivotal development in...
Distinguishing Human Rights and Public Law Grounds in Immigration Judicial Reviews: SA v. Secretary of State [2015] UKUT 536

Distinguishing Human Rights and Public Law Grounds in Immigration Judicial Reviews: SA v. Secretary of State [2015] UKUT 536

Date: Aug 14, 2015
Distinguishing Human Rights and Public Law Grounds in Immigration Judicial Reviews: SA v. Secretary of State [2015] UKUT 536 Introduction The case R (on the application of SA) v Secretary of State...
Upper Tribunal Affirms Dismissal of BM's Appeal on False Passport Use: Comprehensive Legal Commentary

Upper Tribunal Affirms Dismissal of BM's Appeal on False Passport Use: Comprehensive Legal Commentary

Date: Aug 13, 2015
Upper Tribunal Affirms Dismissal of BM's Appeal on False Passport Use: Comprehensive Legal Commentary Introduction The case of BM (False Passport) [2015] UKUT 467 (IAC) presents significant...
Upper Tribunal Establishes Criteria for NCND Responses under FOIA in Data Protection Context

Upper Tribunal Establishes Criteria for NCND Responses under FOIA in Data Protection Context

Date: Aug 11, 2015
Upper Tribunal Establishes Criteria for NCND Responses under FOIA in Data Protection Context Introduction The case of Information Commissioner v. CF & Anor (Information rights: Data protection)...
Clarifying Communication Understanding in ESA Assessments: AT & Anor v. Secretary of State for Work and Pensions

Clarifying Communication Understanding in ESA Assessments: AT & Anor v. Secretary of State for Work and Pensions

Date: Aug 8, 2015
Clarifying Communication Understanding in ESA Assessments: AT & Anor v. Secretary of State for Work and Pensions Introduction The case of AT & Anor v. Secretary of State for Work and Pensions...
Civil Standard of Proof and Dishonesty Test in Tax Penalties: N'Diaye v Revenue & Customs [2015] UKFTT 380 (TC)

Civil Standard of Proof and Dishonesty Test in Tax Penalties: N'Diaye v Revenue & Customs [2015] UKFTT 380 (TC)

Date: Aug 7, 2015
Civil Standard of Proof and Dishonesty Test in Tax Penalties: N'Diaye v Revenue & Customs [2015] UKFTT 380 (TC) Introduction The case of N'Diaye v Revenue & Customs [2015] UKFTT 380 (TC) presents a...
Condition Precedent to Service Charge Liability in Lease Agreements: Insights from Elysian Fields Management Company Ltd v. Nixon & Anor

Condition Precedent to Service Charge Liability in Lease Agreements: Insights from Elysian Fields Management Company Ltd v. Nixon & Anor

Date: Aug 7, 2015
Condition Precedent to Service Charge Liability in Lease Agreements: Insights from Elysian Fields Management Company Ltd v. Nixon & Anor Introduction The case of Elysian Fields Management Company Ltd...
Restricting Article 8 ECHR Challenges in EEA Appeals: Amirteymour & Ors [2015] UKUT 466 (IAC)

Restricting Article 8 ECHR Challenges in EEA Appeals: Amirteymour & Ors [2015] UKUT 466 (IAC)

Date: Aug 5, 2015
Restricting Article 8 ECHR Challenges in EEA Appeals: Amirteymour & Ors [2015] UKUT 466 (IAC) Introduction The case of Amirteymour & Ors [2015] UKUT 466 (IAC) represents a significant development in...
Establishing Backward Tracing in Equitable Tracing: The Federal Republic of Brazil & Anor v. Durant International Corporation & Anor (Jersey) [2016] AC 297

Establishing Backward Tracing in Equitable Tracing: The Federal Republic of Brazil & Anor v. Durant International Corporation & Anor (Jersey) [2016] AC 297

Date: Aug 4, 2015
Establishing Backward Tracing in Equitable Tracing: The Federal Republic of Brazil & Anor v. Durant International Corporation & Anor (Jersey) [2016] AC 297 Introduction The case, The Federal Republic...
Revisiting Proportionality in VAT Default Surcharges: Insights from Revenue and Customs v. Trinity Mirror Plc [2015]

Revisiting Proportionality in VAT Default Surcharges: Insights from Revenue and Customs v. Trinity Mirror Plc [2015]

Date: Aug 4, 2015
Revisiting Proportionality in VAT Default Surcharges: Insights from Revenue and Customs v. Trinity Mirror Plc [2015] Introduction The case of Revenue and Customs v. Trinity Mirror Plc ([2015] BVC...
Agency Workers’ Entitlement to Vacancy Information Without Priority in Redeployment: Coles v. Ministry of Defence [2015]

Agency Workers’ Entitlement to Vacancy Information Without Priority in Redeployment: Coles v. Ministry of Defence [2015]

Date: Aug 1, 2015
Agency Workers’ Entitlement to Vacancy Information Without Priority in Redeployment: Coles v. Ministry of Defence [2015] Introduction The case of Coles v. Ministry of Defence (Agency Workers) ([2015]...
Affirmation of HMRC's 250,000 Premises Guarantee for General Storage and Distribution Warehouses: Atom Supplies Ltd v Revenue & Customs

Affirmation of HMRC's 250,000 Premises Guarantee for General Storage and Distribution Warehouses: Atom Supplies Ltd v Revenue & Customs

Date: Aug 1, 2015
Affirmation of HMRC's 250,000 Premises Guarantee for General Storage and Distribution Warehouses: Atom Supplies Ltd v Revenue & Customs Introduction The case of Atom Supplies Ltd (trading as Masters...
Defining 'Reasonable Excuse' for Late Tax Returns: Insights from Edwards v Revenue & Customs [2015] UKFTT

Defining 'Reasonable Excuse' for Late Tax Returns: Insights from Edwards v Revenue & Customs [2015] UKFTT

Date: Aug 1, 2015
Defining 'Reasonable Excuse' for Late Tax Returns: Insights from Edwards v. Revenue & Customs [2015] UKFTT Introduction The case of Edwards v. Revenue & Customs ([2012] UKFTT 157 (TC)) adjudicated by...
Comprehensive Commentary on Deelah and Others [2015] UKUT 515 (IAC): Section 117B and Article 8 ECHR

Comprehensive Commentary on Deelah and Others [2015] UKUT 515 (IAC): Section 117B and Article 8 ECHR

Date: Jul 31, 2015
Comprehensive Commentary on Deelah and Others [2015] UKUT 515 (IAC): Section 117B and Article 8 ECHR Introduction The case of Deelah and Others [2015] UKUT 515 (IAC) presents a significant...
Supreme Court Establishes Portability of Disability Living Allowance Under EU Regulation

Supreme Court Establishes Portability of Disability Living Allowance Under EU Regulation

Date: Jul 30, 2015
Supreme Court Establishes Portability of Disability Living Allowance Under EU Regulation Introduction The case of Secretary of State for Work and Pensions v. Tolley ([2016] 1 CMLR 23) reached the...
Defining Hereditament for Non-Domestic Rating: Insights from Woolway v Mazars [2015] AC 1862

Defining Hereditament for Non-Domestic Rating: Insights from Woolway v Mazars [2015] AC 1862

Date: Jul 30, 2015
Defining Hereditament for Non-Domestic Rating: Insights from Woolway v Mazars [2015] AC 1862 Introduction Woolway v. Mazars ([2015] AC 1862) is a landmark decision by the United Kingdom Supreme Court...
Supreme Court Upholds Retroactive Tax Charge for Withdrawn Pension Scheme Approvals: John Mander Case Analysis

Supreme Court Upholds Retroactive Tax Charge for Withdrawn Pension Scheme Approvals: John Mander Case Analysis

Date: Jul 30, 2015
Supreme Court Upholds Retroactive Tax Charge for Withdrawn Pension Scheme Approvals: John Mander Case Analysis Introduction The case of John Mander Pension Trustees Ltd v. Revenue and Customs (Rev 1)...
Bourgass & Anor v Secretary of State for Justice: Landmark Ruling on Prison Segregation Procedures

Bourgass & Anor v Secretary of State for Justice: Landmark Ruling on Prison Segregation Procedures

Date: Jul 30, 2015
Bourgass & Anor v Secretary of State for Justice: Landmark Ruling on Prison Segregation Procedures Introduction The case of Bourgass & Anor v Secretary of State for Justice ([2015] UKSC 54)...
Strengthening Article 8 Protections for Family Life in Immigration Decisions: The Abbasi Case

Strengthening Article 8 Protections for Family Life in Immigration Decisions: The Abbasi Case

Date: Jul 30, 2015
Strengthening Article 8 Protections for Family Life in Immigration Decisions: The Abbasi Case 1. Introduction The Abbasi and another case, heard by the Upper Tribunal (Immigration and Asylum Chamber)...
Discrimination in Student Loan Eligibility: Supreme Court Rules Settlement Criteria Violate Convention Rights in Tigere v. BISS

Discrimination in Student Loan Eligibility: Supreme Court Rules Settlement Criteria Violate Convention Rights in Tigere v. BISS

Date: Jul 30, 2015
Discrimination in Student Loan Eligibility: Supreme Court Rules Settlement Criteria Violate Convention Rights in Tigere v. Secretary of State for Business, Innovation and Skills Introduction The...
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