United Kingdom Case Commentaries

Inclusion of Non-Guaranteed Overtime in Holiday Pay under Working Time Regulations

Date: Nov 5, 2014

Inclusion of Non-Guaranteed Overtime in Holiday Pay under Working Time Regulations Introduction The case of Bear Scotland Ltd & Ors v Fulton & Ors ([2015] ICR 221) addressed critical issues regarding...

Limits on First-tier Tribunal's Jurisdiction in Criminal Injuries Compensation Appeals

Date: Nov 5, 2014

Limits on First-tier Tribunal's Jurisdiction in Criminal Injuries Compensation Appeals Introduction The case of R (SB & Ors) v. First-tier Tribunal and CICA (Criminal Injuries Compensation: other)...

UK Supreme Court Limits Illegality Defense to Public Interest in Servier v Apotex

Date: Oct 30, 2014

UK Supreme Court Limits Illegality Defense to Public Interest in Servier v Apotex Introduction The case of Les Laboratoires Servier & Anor v. Apotex Inc & Ors ([2015] 1 All ER 671) adjudicated by the...

Oludoyi & Ors v Secretary of State for the Home Department: Upholding Comprehensive Article 8 Assessments Without Threshold Barriers

Date: Oct 30, 2014

Oludoyi & Ors v Secretary of State for the Home Department: Upholding Comprehensive Article 8 Assessments Without Threshold Barriers Introduction The case of Oludoyi & Ors v Secretary of State for...

Fair Consultation Requirements in Local Authority Tax Scheme Revisions: Moseley v London Borough of Haringey [2014] UKSC 56

Date: Oct 30, 2014

Fair Consultation Requirements in Local Authority Tax Scheme Revisions: Moseley v London Borough of Haringey [2014] UKSC 56 1. Introduction The case of Moseley, R (on the application of) v. London...

Affirmation of Burden of Proof and Procedural Rigor in VAT Hardship Appeals: Insights from Totel Ltd v Revenue and Customs [2014] UKUT 0485

Date: Oct 28, 2014

Affirmation of Burden of Proof and Procedural Rigor in VAT Hardship Appeals: Insights from Totel Ltd v Revenue and Customs [2014] UKUT 0485 Introduction The case of Totel Ltd v Revenue and Customs...

Occupancy Conditions as Prohibition on Separate Use for VAT Refund Eligibility

Date: Oct 25, 2014

Occupancy Conditions as Prohibition on Separate Use for VAT Refund Eligibility Introduction In the case of Revenue and Customs v. Shields ([2014] UKUT 453 (TCC)), the Upper Tribunal addressed...

McDonald v National Grid: Expanding the Scope of Asbestos Regulations in Occupational Safety

Date: Oct 23, 2014

McDonald v National Grid: Expanding the Scope of Asbestos Regulations in Occupational Safety Introduction The case of McDonald v. National Grid Electricity Transmission Plc ([2015] 1 AC 1128) is a...

Scott v Southern Pacific Mortgages Ltd & Ors: Establishing the Indivisibility of Conveyance and Mortgage Transactions

Date: Oct 23, 2014

Scott v Southern Pacific Mortgages Ltd & Ors: Establishing the Indivisibility of Conveyance and Mortgage Transactions Introduction Scott v Southern Pacific Mortgages Ltd & Ors ([2014] UKSC 52) is a...

Supreme Court Clarifies Jurisdiction over Channel Islands Legislative Processes in Barclay v Secretary of State for Justice

Date: Oct 23, 2014

Supreme Court Clarifies Jurisdiction over Channel Islands Legislative Processes in Barclay v Secretary of State for Justice Introduction The case of Barclay & Anor, R (on the application of) v....

Upper Tribunal Affirms Metropolitan Police’s Compliance with FOIA Section 12 Cost Limits and Section 16 Duties

Date: Oct 23, 2014

Upper Tribunal Affirms Metropolitan Police’s Compliance with FOIA Section 12 Cost Limits and Section 16 Duties Introduction In the landmark case of Commissioner of Police for the Metropolis v. The...

Nutro UK Ltd v. Revenue & Customs: Striking Out Appeals for Lack of Cooperation

Date: Oct 22, 2014

Nutro UK Ltd v. Revenue & Customs: Striking Out Appeals for Lack of Cooperation Introduction The case of Nutro UK Ltd v. Revenue & Customs ([2014] UKFTT 971 (TC)) was adjudicated by the First-tier...

Upper Tribunal Establishes ESA as a Unified Benefit with Dual Entitlement Pathways

Date: Oct 22, 2014

Upper Tribunal Establishes ESA as a Unified Benefit with Dual Entitlement Pathways Introduction The case of ILH v. Secretary of State for Work and Pensions (ESA) ([2014] UKUT 480 (AAC)) adjudicated...

VAT Exemption for Private Yoga Tuition: Tranter v. Revenue & Customs Commentary

Date: Oct 16, 2014

VAT Exemption for Private Yoga Tuition: Tranter v. Revenue & Customs Commentary Introduction The case of Tranter (t/a Dynamic Yoga) v. Revenue & Customs ([2014] STI 3180) delves into the intricacies...

Clarifying the Duty to Make Reasonable Adjustments in Disability Discrimination and Unfair Dismissal: General Dynamics IT Ltd v. Carranza

Date: Oct 11, 2014

Clarifying the Duty to Make Reasonable Adjustments in Disability Discrimination and Unfair Dismissal: General Dynamics IT Ltd v. Carranza Introduction General Dynamics Information Technology Ltd v....

Proper Application of Income Tax Act Sections 67 and 68(3) on Farming Loss Relief

Date: Oct 8, 2014

Proper Application of Income Tax Act Sections 67 and 68(3) on Farming Loss Relief Introduction The case of Christopher John French & Margaret Alexander French v. The Commissioners for Her Majesty's...

Country Guidance Reset on Somalia: No General Article 15(c) Risk to Ordinary Civilians in Mogadishu; Clan as Social Support, No Forced Recruitment, and Structured Returnee Assessment (MOJ & Ors [2014] UKUT 442 (IAC))

Date: Oct 4, 2014

Country Guidance Reset on Somalia: No General Article 15(c) Risk to Ordinary Civilians in Mogadishu; Clan as Social Support, No Forced Recruitment, and Structured Returnee Assessment (MOJ & Ors...

Revenue and Customs v. BPP Holdings Ltd & Ors: Upholding Fair Tribunal Processes

Date: Oct 4, 2014

Revenue and Customs v. BPP Holdings Ltd & Ors: Upholding Fair Tribunal Processes Introduction The case of Revenue and Customs v. BPP Holdings Ltd & Ors ([2015] STC 415) was adjudicated by the Upper...

Substantive Legitimate Expectation in Immigration Law: Analysis of Mehmood (2014) UKUT 469 (IAC)

Date: Oct 3, 2014

Substantive Legitimate Expectation in Immigration Law: Analysis of Mehmood ([2014] UKUT 469 (IAC)) Introduction The case of Mehmood ([2014] UKUT 469 (IAC)) presents a significant examination of the...

Clarifying Housing Benefit Eligibility: Blackburn with Darwen Borough Council v. DA (HB) [2014] UKUT 431 (AAC)

Date: Sep 26, 2014

Clarifying Housing Benefit Eligibility: Blackburn with Darwen Borough Council v. DA (HB) [2014] UKUT 431 (AAC) Introduction The case of Blackburn with Darwen Borough Council v. DA (HB) ([2014] UKUT...