United Kingdom Case Commentaries

PAS Property Services Ltd v HAYES: Service Charge Recovery for Common Heating Systems

Date: Jan 28, 2014

PAS Property Services Ltd v HAYES: Service Charge Recovery for Common Heating Systems Introduction PAS Property Services Ltd v HAYES ([2014] UKUT 26 (LC)) is a pivotal case adjudicated by the Upper...

Establishing Knowledge of Fraud in VAT Deduction: Edgeskill Limited v. HMRC [2014] STI 691

Date: Jan 28, 2014

Establishing Knowledge of Fraud in VAT Deduction: Edgeskill Limited v. HMRC [2014] STI 691 Introduction The case of Edgeskill Limited v. HMRC ([2014] STI 691) was adjudicated by the Upper Tribunal...

Ryanair Holdings Plc v. Competition Commission: Establishing Boundaries in National and EU Competition Jurisdictions

Date: Jan 28, 2014

Ryanair Holdings Plc v. Competition Commission: Establishing Boundaries in National and EU Competition Jurisdictions Introduction The case of Ryanair Holdings Plc v. Competition Commission ([2014]...

Upper Tribunal Reinforces the Need for Detailed Reasoning in Employment Support Allowance Assessments

Date: Jan 25, 2014

Upper Tribunal Reinforces the Need for Detailed Reasoning in Employment Support Allowance Assessments Introduction The case of DB v. Secretary for Works and Pensions (ESA) ([2014] UKUT 41 (AAC))...

Qualifying Protected Disclosures: Insights from Norbrook Laboratories (GB) Ltd v Shaw

Date: Jan 25, 2014

Qualifying Protected Disclosures: Insights from Norbrook Laboratories (GB) Ltd v Shaw Introduction The case of Norbrook Laboratories (GB) Ltd v Shaw (Victimisation Discrimination: Protected...

Marley v. Rawlings & Anor: Broadened Interpretation of Clerical Errors in Wills

Date: Jan 23, 2014

Marley v. Rawlings & Anor: Broadened Interpretation of Clerical Errors in Wills Introduction Marley v. Rawlings & Anor ([2014] 2 WLR 213) is a pivotal case decided by the United Kingdom Supreme Court...

Supreme Court Confirms Hybrid Bill Procedure for HS2 Complies with SEA and EIA Directives

Date: Jan 23, 2014

Supreme Court Confirms Hybrid Bill Procedure for HS2 Complies with Strategic Environmental Assessment and EIA Directives Introduction The case of HS2 Action Alliance Ltd, R (on the application of) v....

Nasim and Others: Establishing the Limited Application of Article 8 in Post-Study Work Immigration Cases

Date: Jan 18, 2014

Nasim and Others: Establishing the Limited Application of Article 8 in Post-Study Work Immigration Cases Introduction The case of Nasim and Others v. Secretary of State for the Home Department...

Procedural Fairness in the Assessment of Veiled Witnesses: The AAN (Veil) Afghanistan Case

Date: Jan 18, 2014

Procedural Fairness in the Assessment of Veiled Witnesses: The AAN (Veil) Afghanistan Case Introduction The AAN (Veil) Afghanistan case ([2014] UKUT 102 (IAC)) serves as a pivotal judgment in the...

Secretary of State for Defence v CM: Establishing Standards for Tribunal Reasoning and Evaluation of Credibility in Armed Forces Compensation Scheme Appeals

Date: Jan 17, 2014

Secretary of State for Defence v CM: Establishing Standards for Tribunal Reasoning and Evaluation of Credibility in Armed Forces Compensation Scheme Appeals Introduction The case of Secretary of...

Recognition of Proxy Customary Marriages under EU Law: Insights from Kareem v Upper Tribunal (2014)

Date: Jan 17, 2014

Recognition of Proxy Customary Marriages under EU Law: Insights from Kareem v Upper Tribunal (2014) 1. Introduction The case of Kareem v Upper Tribunal [2014] UKUT 24 (IAC) presents a pivotal...

Habitual Residence and the Child’s State of Mind: Insights from LC (Children), Re ([2014] 1 All ER 1181)

Date: Jan 16, 2014

Habitual Residence and the Child’s State of Mind: Insights from LC (Children), Re ([2014] 1 All ER 1181) Introduction The case of LC (Children), Re ([2014] 1 All ER 1181) brought before the United...

Albion Riverside RTM Appeal: Defining 'Self-Contained Building' for Right to Manage under the 2002 Act

Date: Jan 15, 2014

Albion Riverside RTM Appeal: Defining 'Self-Contained Building' for Right to Manage under the 2002 Act Introduction The case of Albion Residential Ltd v. Albion Riverside Residents RTM Company Ltd...

Mainly Holding Investments: Best v. Revenue & Customs [2014] UKFTT 77

Date: Jan 14, 2014

Mainly Holding Investments: Best v. Revenue & Customs [2014] UKFTT 77 Introduction Best v. Revenue & Customs ([2014] UKFTT 77 (TC)) is a pivotal case adjudicated by the First-tier Tribunal (Tax...

Upper Tribunal Upholds Rigorous Enforcement of Appeal Time Limits: Revenue And Customs v. McCarthy & Stone (2014)

Date: Jan 11, 2014

Upper Tribunal Upholds Rigorous Enforcement of Appeal Time Limits: Revenue And Customs v. McCarthy & Stone (2014) Introduction In the landmark case Revenue And Customs v. McCarthy & Stone...

Comprehensive Commentary on NAS & Co Ltd v. Revenue & Customs ([2014] UKFTT 50 (TC))

Date: Jan 7, 2014

Deeming Seizure Decisions Unreasonable: Insights from NAS & Co Ltd v. Revenue & Customs ([2014] UKFTT 50 (TC)) Introduction The case of NAS & Co Ltd v. Revenue & Customs ([2014] UKFTT 50 (TC))...

Upper Tribunal Clarifies 'Trade' Status for Limited Liability Partnerships in Eclipse Film Partners (No. 35) LLP v HMRC

Date: Dec 21, 2013

Upper Tribunal Clarifies 'Trade' Status for Limited Liability Partnerships in Eclipse Film Partners (No. 35) LLP v HMRC Introduction The case of Eclipse Film Partners (No. 35) LLP v HMRC ([2014] BTC...

G v. Scottish Ministers & Anor (2014) SC: Clarifying the Right to Appeal Against Excessive Security Detention under the Mental Health (Care and Treatment) (Scotland) Act 2003

Date: Dec 19, 2013

G v. Scottish Ministers & Anor (2014) SC: Clarifying the Right to Appeal Against Excessive Security Detention under the Mental Health (Care and Treatment) (Scotland) Act 2003 Introduction The case G...

AA v Entry Clearance Officer: Defining Parental Responsibility Under Kafala for Immigration Purposes

Date: Dec 19, 2013

AA v Entry Clearance Officer: Defining Parental Responsibility Under Kafala for Immigration Purposes Introduction The case AA v. Entry Clearance Officer (Addis Ababa) ([2014] 1 WLR 43) before the...

Reinforcing the Integrity of Disciplinary Investigations in NHS Employment Contracts: West London Mental Health NHS Trust v. Chhabra

Date: Dec 19, 2013

Reinforcing the Integrity of Disciplinary Investigations in NHS Employment Contracts: West London Mental Health NHS Trust v. Chhabra Introduction The case of West London Mental Health NHS Trust v....