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  • Commentaries

United Kingdom Case Commentaries

Roberts & Anor v. Fernandez: Establishing New Standards for Lease Extension Premium Calculations

Roberts & Anor v. Fernandez: Establishing New Standards for Lease Extension Premium Calculations

Date: Mar 24, 2015
Roberts & Anor v. Fernandez: Establishing New Standards for Lease Extension Premium Calculations Introduction The case of Roberts & Anor v. Fernandez ([2015] UKUT 106 (LC)) presented a pivotal moment...
Validating Estimated Service Charges: Insights from Pendra Loweth Management Ltd v. North

Validating Estimated Service Charges: Insights from Pendra Loweth Management Ltd v. North

Date: Mar 20, 2015
Validating Estimated Service Charges: Insights from Pendra Loweth Management Ltd v. North Introduction The case of Pendra Loweth Management Ltd v. North ([2015] UKUT 91 (LC)) addresses critical...
UK Supreme Court Upholds Welfare Benefit Cap: Indirect Discrimination Against Lone Parents Justified under ECHR

UK Supreme Court Upholds Welfare Benefit Cap: Indirect Discrimination Against Lone Parents Justified under ECHR

Date: Mar 19, 2015
UK Supreme Court Upholds Welfare Benefit Cap: Indirect Discrimination Against Lone Parents Justified under ECHR Introduction The case of SG & Ors v. Secretary of State for Work and Pensions (SSWP)...
Trail Riders Fellowship v Dorset County Council: Supreme Court Affirms Flexibility in Map Scale Interpretation

Trail Riders Fellowship v Dorset County Council: Supreme Court Affirms Flexibility in Map Scale Interpretation

Date: Mar 19, 2015
Trail Riders Fellowship v Dorset County Council: Supreme Court Affirms Flexibility in Map Scale Interpretation Introduction Parties Involved: Trail Riders Fellowship (TRF) and Mr. David Tilbury as...
Procedural Fairness in Entry Clearance Decisions: The Mushtaq v ECO Case

Procedural Fairness in Entry Clearance Decisions: The Mushtaq v ECO Case

Date: Mar 19, 2015
Procedural Fairness in Entry Clearance Decisions: The Mushtaq v ECO Case Introduction The case of R (on the application of Mushtaq) v Entry Clearance Officer of Islamabad, Pakistan (ECO – Procedural...
Establishing Reasonableness in Contractual Fact-Finding: Insights from Braganza v BP Shipping Ltd [2015] UKSC 17

Establishing Reasonableness in Contractual Fact-Finding: Insights from Braganza v BP Shipping Ltd [2015] UKSC 17

Date: Mar 19, 2015
Establishing Reasonableness in Contractual Fact-Finding: Insights from Braganza v BP Shipping Ltd [2015] UKSC 17 Introduction Braganza v BP Shipping Ltd ([2015] UKSC 17) is a landmark judgment by the...
Interpretation of 'Site' under Aggregates Levy: Northumbrian Water Ltd Judgment [2015] STC 1458

Interpretation of 'Site' under Aggregates Levy: Northumbrian Water Ltd Judgment [2015] STC 1458

Date: Mar 14, 2015
Interpretation of 'Site' under Aggregates Levy: Northumbrian Water Ltd Judgment [2015] STC 1458 Introduction The case of Revenue & Customs v. Northumbrian Water Ltd ([2015] STC 1458) adjudicated by...
Ensuring Procedural Fairness in Personal Independence Payment Appeals: BTC v. Secretary of State for Work and Pensions

Ensuring Procedural Fairness in Personal Independence Payment Appeals: BTC v. Secretary of State for Work and Pensions

Date: Mar 14, 2015
Ensuring Procedural Fairness in Personal Independence Payment Appeals: BTC v. Secretary of State for Work and Pensions Introduction The case of BTC v. Secretary of State for Work and Pensions...
Carlyle v Royal Bank of Scotland: Upholding Oral Commitments in Development Funding under Scots Law

Carlyle v Royal Bank of Scotland: Upholding Oral Commitments in Development Funding under Scots Law

Date: Mar 12, 2015
Carlyle v Royal Bank of Scotland: Upholding Oral Commitments in Development Funding under Scots Law Introduction The case of Carlyle (Scotland) v. Royal Bank of Scotland Plc (Rev 1) revolved around...
Montgomery v. Lanarkshire Health Board: Establishing the Right to Informed Consent

Montgomery v. Lanarkshire Health Board: Establishing the Right to Informed Consent

Date: Mar 12, 2015
Montgomery v. Lanarkshire Health Board: Establishing the Right to Informed Consent Introduction Montgomery v. Lanarkshire Health Board ((2015) 143 BMLR 47) is a landmark judgment delivered by the...
Distinguishing Discrimination Defences from Article 8 in Possession Actions: Akerman-Livingstone v Aster Communities Ltd

Distinguishing Discrimination Defences from Article 8 in Possession Actions: Akerman-Livingstone v Aster Communities Ltd

Date: Mar 12, 2015
Distinguishing Discrimination Defences from Article 8 in Possession Actions: Akerman-Livingstone v Aster Communities Ltd Introduction The case of Akerman-Livingstone v. Aster Communities Ltd ([2015]...
Self-Assessments Excluded from Section 34(1) Time Restrictions: Higgs v HMRC

Self-Assessments Excluded from Section 34(1) Time Restrictions: Higgs v HMRC

Date: Mar 12, 2015
Self-Assessments Excluded from Section 34(1) Time Restrictions: Higgs v HMRC Introduction The case of Higgs, R (on the application of) v. Revenue & Customs ([2015] UKUT 92 (TCC)) addressed critical...
Wyatt v Vince (2015): Expanding the Interpretation of Rule 4.4 in Long-Delayed Financial Orders

Wyatt v Vince (2015): Expanding the Interpretation of Rule 4.4 in Long-Delayed Financial Orders

Date: Mar 12, 2015
Wyatt v Vince (2015): Expanding the Interpretation of Rule 4.4 in Long-Delayed Financial Orders Introduction Wyatt v Vince ([2015] WLR(D) 124) is a landmark judgment delivered by the United Kingdom...
Allocation of Payment Premiums in Loan Assignments: Tael One Partners Ltd v. Morgan Stanley & Co International PLC [2015] UKSC 12

Allocation of Payment Premiums in Loan Assignments: Tael One Partners Ltd v. Morgan Stanley & Co International PLC [2015] UKSC 12

Date: Mar 12, 2015
Allocation of Payment Premiums in Loan Assignments: Tael One Partners Ltd v. Morgan Stanley & Co International PLC [2015] UKSC 12 Introduction Tael One Partners Ltd v. Morgan Stanley & Co...
Establishing Precedent on Tax-Related Penalties: Revenue & Customs v. Tager

Establishing Precedent on Tax-Related Penalties: Revenue & Customs v. Tager

Date: Mar 7, 2015
Establishing Precedent on Tax-Related Penalties: Revenue & Customs v. Tager Introduction The case of Revenue & Customs v. Tager ([2015] UKUT 40) adjudicated by the Upper Tribunal (Tax and Chancery...
Upper Tribunal Establishes Strict Boundaries for Article 8 Appeals in Entry Clearance Cases

Upper Tribunal Establishes Strict Boundaries for Article 8 Appeals in Entry Clearance Cases

Date: Mar 7, 2015
Upper Tribunal Establishes Strict Boundaries for Article 8 Appeals in Entry Clearance Cases Introduction The Upper Tribunal (Immigration and Asylum Chamber) delivered a pivotal judgment in Mostafa...
Procedural Safeguards in Tax Appeals: Insights from Ingenious Games LLP v HMRC

Procedural Safeguards in Tax Appeals: Insights from Ingenious Games LLP v HMRC

Date: Mar 6, 2015
Procedural Safeguards in Tax Appeals: Insights from Ingenious Games LLP & Ors v. Revenue & Customs Introduction The case of Ingenious Games LLP & Ors v. Revenue & Customs ([2015] BTC 508) was...
Non-Taxable Status of Damages for Injury to Feelings Affirmed: Timothy James Consulting Ltd v Wilton

Non-Taxable Status of Damages for Injury to Feelings Affirmed: Timothy James Consulting Ltd v Wilton

Date: Mar 6, 2015
Non-Taxable Status of Damages for Injury to Feelings Affirmed: Timothy James Consulting Ltd v. Wilton ([2015] IRLR 368) Introduction The case of Timothy James Consulting Ltd v. Wilton ([2015] IRLR...
Carrimjee v. Financial Conduct Authority: Enhancing Standards of Due Diligence in Market Abuse Enforcement

Carrimjee v. Financial Conduct Authority: Enhancing Standards of Due Diligence in Market Abuse Enforcement

Date: Mar 5, 2015
Carrimjee v. Financial Conduct Authority: Enhancing Standards of Due Diligence in Market Abuse Enforcement Introduction Carrimjee v. Financial Conduct Authority ([2015] UKUT 79 (TCC)) is a seminal...
Accessory Liability and Common Design in Tort: Insights from Sea Shepherd UK v Fish & Fish Ltd

Accessory Liability and Common Design in Tort: Insights from Sea Shepherd UK v Fish & Fish Ltd

Date: Mar 5, 2015
Accessory Liability and Common Design in Tort: Insights from Sea Shepherd UK v Fish & Fish Ltd Introduction Sea Shepherd UK v. Fish & Fish Ltd ([2015] 1 Lloyd's Rep 593) is a landmark case...
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