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  • Commentaries

United Kingdom Case Commentaries

Upper Tribunal Clarifies Assessment Requirements for Special Educational Needs During School Transitions under the Education Act 1996

Upper Tribunal Clarifies Assessment Requirements for Special Educational Needs During School Transitions under the Education Act 1996

Date: Sep 21, 2013
Upper Tribunal Clarifies Assessment Requirements for Special Educational Needs During School Transitions under the Education Act 1996 Introduction The case of Buckinghamshire County Council v. HW...
Establishing Credibility in Asylum Claims: Insights from AB (Ahmadi Letters) Pakistan [2013] UKUT 511

Establishing Credibility in Asylum Claims: Insights from AB (Ahmadi Letters) Pakistan [2013] UKUT 511

Date: Sep 19, 2013
Establishing Credibility in Asylum Claims: Insights from AB (Ahmadi Letters) Pakistan [2013] UKUT 511 Introduction The case of AB (Ahmadi Letters) Pakistan [2013] UKUT 511 serves as a pivotal...
Enhancing Subletting Rights in Leasehold Enfranchisement: Insights from Burchell v. RAJ Properties Ltd [2013]

Enhancing Subletting Rights in Leasehold Enfranchisement: Insights from Burchell v. RAJ Properties Ltd [2013]

Date: Sep 19, 2013
Enhancing Subletting Rights in Leasehold Enfranchisement: Insights from Burchell v. RAJ Properties Ltd [2013] Introduction Burchell v. RAJ Properties Ltd ([2013] UKUT 443 (LC)) is a pivotal case...
Recovery of Reasonable Overheads and Administration Charges Confirmed for Landlords

Recovery of Reasonable Overheads and Administration Charges Confirmed for Landlords

Date: Sep 19, 2013
Recovery of Reasonable Overheads and Administration Charges Confirmed for Landlords Introduction The case of Paul & Ors v London Borough Of Southwark ([2013] UKUT 0492 (LC)) addresses critical issues...
Upper Tribunal Establishes Robust Criteria for Classifying Dumpers Under EU Customs Law

Upper Tribunal Establishes Robust Criteria for Classifying Dumpers Under EU Customs Law

Date: Sep 17, 2013
Upper Tribunal Establishes Robust Criteria for Classifying Dumpers Under EU Customs Law Introduction The case of EP Barrus Ltd & Kubota (UK) Ltd v HMRC ([2013] UKUT 449 (TCC)) marked a significant...
Reasonableness in Defending Proceedings: Market & Opinion Research International Ltd v. Revenue & Customs [2013] UKFTT 475 (TC)

Reasonableness in Defending Proceedings: Market & Opinion Research International Ltd v. Revenue & Customs [2013] UKFTT 475 (TC)

Date: Sep 14, 2013
Reasonableness in Defending Proceedings: Market & Opinion Research International Ltd v. Revenue & Customs [2013] UKFTT 475 (TC) Introduction The case of Market & Opinion Research International Ltd v....
Admissibility of Non-Expert Opinion Evidence in Tax Tribunals: Insights from Megantic Services Ltd v. Revenue & Customs

Admissibility of Non-Expert Opinion Evidence in Tax Tribunals: Insights from Megantic Services Ltd v. Revenue & Customs

Date: Sep 14, 2013
Admissibility of Non-Expert Opinion Evidence in Tax Tribunals: Insights from Megantic Services Ltd v. Revenue & Customs Introduction The case of Megantic Services Ltd v. Revenue & Customs ([2013]...
Upper Tribunal Establishes Correct Approach to Deducting Income Tax and National Insurance in Child Support Assessments

Upper Tribunal Establishes Correct Approach to Deducting Income Tax and National Insurance in Child Support Assessments

Date: Sep 13, 2013
Upper Tribunal Establishes Correct Approach to Deducting Income Tax and National Insurance in Child Support Assessments Introduction The case SG v. Secretary of State for Work and Pensions and CL...
Establishing Habitual Residence: Jurisdictional Insights from A (Children), Re (Rev 1)

Establishing Habitual Residence: Jurisdictional Insights from A (Children), Re (Rev 1)

Date: Sep 10, 2013
Establishing Habitual Residence: Jurisdictional Insights from A (Children), Re (Rev 1) Introduction In the landmark case A (Children), Re (Rev 1) ([2014] 1 AC 1), the United Kingdom Supreme Court...
Interpreting 'Social Engagement' in ESA Assessments: AR v. Secretary of State for Work and Pensions (ESA) [2013] UKUT 446

Interpreting 'Social Engagement' in ESA Assessments: AR v. Secretary of State for Work and Pensions (ESA) [2013] UKUT 446

Date: Sep 10, 2013
Interpreting 'Social Engagement' in ESA Assessments: AR v. Secretary of State for Work and Pensions (ESA) [2013] UKUT 446 Introduction The case of AR v. Secretary of State for Work and Pensions (ESA)...
Landlord Entitlement to Recover Legal Fees and VAT Under Section 60 of the Leasehold Reform Housing and Urban Development Act 1993

Landlord Entitlement to Recover Legal Fees and VAT Under Section 60 of the Leasehold Reform Housing and Urban Development Act 1993

Date: Sep 10, 2013
Landlord Entitlement to Recover Legal Fees and VAT Under Section 60 of the Leasehold Reform Housing and Urban Development Act 1993 Introduction The case of Metropolitan Property Realizations Ltd v....
Pan v Portigon AG London Branch: Establishing Limits on Race Discrimination Claims and Procedural Integrity in Employment Tribunals

Pan v Portigon AG London Branch: Establishing Limits on Race Discrimination Claims and Procedural Integrity in Employment Tribunals

Date: Sep 5, 2013
Pan v Portigon AG London Branch: Establishing Limits on Race Discrimination Claims and Procedural Integrity in Employment Tribunals Introduction The case of Pan v Portigon AG London Branch ([2013]...
Deliallisi v Secretary of State for the Home Department: Expanding the Scope of Citizenship Deprivation Appeals

Deliallisi v Secretary of State for the Home Department: Expanding the Scope of Citizenship Deprivation Appeals

Date: Aug 31, 2013
Deliallisi v Secretary of State for the Home Department: Expanding the Scope of Citizenship Deprivation Appeals Introduction The case of Deliallisi v Secretary of State for the Home Department...
Upper Tribunal Establishes Precedent on Humanitarian Protection and Article 8 Rights for Former Unaccompanied Children in JS (Afghanistan) [2013] UKUT 568 (IAC)

Upper Tribunal Establishes Precedent on Humanitarian Protection and Article 8 Rights for Former Unaccompanied Children in JS (Afghanistan) [2013] UKUT 568 (IAC)

Date: Aug 30, 2013
Upper Tribunal Establishes Precedent on Humanitarian Protection and Article 8 Rights for Former Unaccompanied Children in JS (Afghanistan) [2013] UKUT 568 (IAC) Introduction The case of JS (Former...
Balancing Historic Injustice and Immigration Control under Article 8: The Ghising & Ors Decision

Balancing Historic Injustice and Immigration Control under Article 8: The Ghising & Ors Decision

Date: Aug 29, 2013
Balancing Historic Injustice and Immigration Control under Article 8: The Ghising & Ors Decision Introduction The Ghising & Ors (Gurkhas/BOCs: historic wrong; weight) judgment ([2013] UKUT 567 (IAC))...
Clarifying the Use of Wheelchairs in ESA Mobilising Assessments: Insights from AR v. Secretary of State for Work and Pensions (ESA) [2013]

Clarifying the Use of Wheelchairs in ESA Mobilising Assessments: Insights from AR v. Secretary of State for Work and Pensions (ESA) [2013]

Date: Aug 29, 2013
Clarifying the Use of Wheelchairs in ESA Mobilising Assessments: Insights from AR v. Secretary of State for Work and Pensions (ESA) [2013] Introduction AR v. Secretary of State for Work and Pensions...
Unconscionable Circumstances and Special Relief in Taxation: Maxwell v Revenue & Customs [2013]

Unconscionable Circumstances and Special Relief in Taxation: Maxwell v Revenue & Customs [2013]

Date: Aug 28, 2013
Unconscionable Circumstances and Special Relief in Taxation: Maxwell v Revenue & Customs [2013] Introduction Maxwell v. Revenue & Customs ([2013] UKFTT 459 (TC)) is a pivotal case adjudicated by the...
Establishing Sufficient Evidence for VAT Zero-Rating on Exported Goods: Insights from HMRC v. Arkeley Limited

Establishing Sufficient Evidence for VAT Zero-Rating on Exported Goods: Insights from HMRC v. Arkeley Limited

Date: Aug 23, 2013
Establishing Sufficient Evidence for VAT Zero-Rating on Exported Goods: Insights from HMRC v. Arkeley Limited Introduction The case of HMRC v. Arkeley Limited (In liquidation) ([2014] STC 309) serves...
Refining the Assessment of Mobilising Aids in ESA: TB v. Secretary of State for Work and Pensions

Refining the Assessment of Mobilising Aids in ESA: TB v. Secretary of State for Work and Pensions

Date: Aug 23, 2013
Refining the Assessment of Mobilising Aids in ESA: TB v. Secretary of State for Work and Pensions Introduction The case of TB v. Secretary of State for Work and Pensions (ESA) ([2013] UKUT 408 (AAC))...
Upper Tribunal Upholds Five-Year Maximum Study Limit for Tier 4 Students

Upper Tribunal Upholds Five-Year Maximum Study Limit for Tier 4 Students

Date: Aug 21, 2013
Upper Tribunal Upholds Five-Year Maximum Study Limit for Tier 4 Students Introduction In the landmark case of Islam (Para 245X(ha): five years’ study : Bangladesh) ([2013] UKUT 608 (IAC)), the Upper...
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