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  • Commentaries

United Kingdom Case Commentaries

Reclassification of FSD Liabilities as Provable Debts in Insolvency Proceedings

Reclassification of FSD Liabilities as Provable Debts in Insolvency Proceedings

Date: Jul 25, 2013
Reclassification of FSD Liabilities as Provable Debts in Insolvency Proceedings Introduction The landmark case of Nortel Companies & Ors, Re ([2013] WLR(D) 300) adjudicated by the United Kingdom...
Modaresi v Secretary of State for Health: Discretion under Section 67 and ECHR Compliance

Modaresi v Secretary of State for Health: Discretion under Section 67 and ECHR Compliance

Date: Jul 25, 2013
Modaresi v Secretary of State for Health: Discretion under Section 67 and ECHR Compliance Introduction The case of Modaresi v Secretary of State for Health ([2013] WLR(D) 309) addressed critical...
Cabinet Approval and Binding Contractual Obligations: Insights from Antigua Power Company Ltd v. The Attorney General of Antigua and Barbuda

Cabinet Approval and Binding Contractual Obligations: Insights from Antigua Power Company Ltd v. The Attorney General of Antigua and Barbuda

Date: Jul 24, 2013
Cabinet Approval and Binding Contractual Obligations: Insights from Antigua Power Company Ltd v. The Attorney General of Antigua and Barbuda Introduction The case Antigua Power Company Ltd v. The...
Clarifying the Date of Application for Entry Clearance in UK Immigration Law: Kaur [2013] UKUT 381

Clarifying the Date of Application for Entry Clearance in UK Immigration Law: Kaur [2013] UKUT 381

Date: Jul 23, 2013
Clarifying the Date of Application for Entry Clearance in UK Immigration Law: Kaur [2013] UKUT 381 Introduction The case of Kaur (Entry Clearance – date of application) India ([2013] UKUT 381)...
Balancing Family Life and Immigration Control: Upper Tribunal's Landmark Decision in MA and SM (Zambrano) Iran [2013] UKUT 380

Balancing Family Life and Immigration Control: Upper Tribunal's Landmark Decision in MA and SM (Zambrano) Iran [2013] UKUT 380

Date: Jul 20, 2013
Balancing Family Life and Immigration Control: Upper Tribunal's Landmark Decision in MA and SM (Zambrano) Iran [2013] UKUT 380 Introduction The case of MA and SM (Zambrano) Iran ([2013] UKUT 380)...
Boodhoo v Secretary of State for the Home Department [2013] UKUT 346 (IAC)

Boodhoo v Secretary of State for the Home Department [2013] UKUT 346 (IAC)

Date: Jul 19, 2013
Comprehensive Commentary on Boodhoo v Secretary of State for the Home Department [2013] UKUT 346 (IAC) Introduction The case of Boodhoo and another (EEA Regs: relevant evidence), reported as [2013]...
Service Charge Recovery and Lease Compliance: The Precedent Set in London Borough of Southwark v Woelke

Service Charge Recovery and Lease Compliance: The Precedent Set in London Borough of Southwark v Woelke

Date: Jul 19, 2013
Service Charge Recovery and Lease Compliance: The Precedent Set in London Borough of Southwark v Woelke Introduction The case of London Borough Of Southwark v. Woelke ([2013] UKUT 349 (LC)) serves as...
Anoliefo Decision: Establishing Stringent Criteria for Article 8 Claims in Deportation Proceedings

Anoliefo Decision: Establishing Stringent Criteria for Article 8 Claims in Deportation Proceedings

Date: Jul 19, 2013
Anoliefo Decision: Establishing Stringent Criteria for Article 8 Claims in Deportation Proceedings Introduction The case of Ekene Anoliefo versus The Secretary of State for the Home Department...
Extension of Time for Appeal in Immigration Cases: The Wang and Chin Decision

Extension of Time for Appeal in Immigration Cases: The Wang and Chin Decision

Date: Jul 19, 2013
Extension of Time for Appeal in Immigration Cases: The Wang and Chin Decision Introduction The Wang and Chin case ([2013] UKUT 343 (IAC)) is a pivotal decision by the Upper Tribunal (Immigration and...
Benedetti v. Sawiris & Ors: Establishing the Proper Measure in Unjust Enrichment Claims

Benedetti v. Sawiris & Ors: Establishing the Proper Measure in Unjust Enrichment Claims

Date: Jul 18, 2013
Benedetti v. Sawiris & Ors: Establishing the Proper Measure in Unjust Enrichment Claims Introduction Benedetti v. Sawiris & Ors ([2013] 4 All ER 253) is a landmark case in the United Kingdom's legal...
Supreme Court Upholds Legitimacy of Sponsor Licensing in Tier 4 Immigration Control

Supreme Court Upholds Legitimacy of Sponsor Licensing in Tier 4 Immigration Control

Date: Jul 18, 2013
Supreme Court Upholds Legitimacy of Sponsor Licensing in Tier 4 Immigration Control Introduction The Supreme Court of the United Kingdom delivered a landmark judgment on July 17, 2013, in the case of...
Steen v. ASP Packaging Ltd: Clarifying the Effectiveness of Resignation Notices in Unfair Dismissal Claims

Steen v. ASP Packaging Ltd: Clarifying the Effectiveness of Resignation Notices in Unfair Dismissal Claims

Date: Jul 18, 2013
Steen v. ASP Packaging Ltd: Clarifying the Effectiveness of Resignation Notices in Unfair Dismissal Claims Introduction The case of Steen v. ASP Packaging Ltd ([2013] UKEAT 0289_13_3007) addresses...
Vasconcelos v. Upper Tribunal: Reevaluating Rehabilitation Prospects in Deportation Decisions

Vasconcelos v. Upper Tribunal: Reevaluating Rehabilitation Prospects in Deportation Decisions

Date: Jul 17, 2013
Vasconcelos v. Upper Tribunal: Reevaluating Rehabilitation Prospects in Deportation Decisions Introduction The case of Vasconcelos v. Upper Tribunal (Immigration and Asylum Chamber), decided on July...
Halifax Doctrine Reinforced in Massey v. Revenue & Customs: Establishing the Burden of Proof in VAT Abuse Cases

Halifax Doctrine Reinforced in Massey v. Revenue & Customs: Establishing the Burden of Proof in VAT Abuse Cases

Date: Jul 17, 2013
Halifax Doctrine Reinforced in Massey v. Revenue & Customs: Establishing the Burden of Proof in VAT Abuse Cases Introduction The case of Massey & Ors (t/a Hilden Park Partnership) v. Revenue &...
Keeney Construction Ltd v Brooke & Ors [2013] UKUT 329 (LC): Reinforcing Procedural Fairness in Leasehold Disputes

Keeney Construction Ltd v Brooke & Ors [2013] UKUT 329 (LC): Reinforcing Procedural Fairness in Leasehold Disputes

Date: Jul 12, 2013
Keeney Construction Ltd v Brooke & Ors [2013] UKUT 329 (LC): Reinforcing Procedural Fairness in Leasehold Disputes Introduction The case of Keeney Construction Ltd v Brooke & Ors ([2013] UKUT 329...
AA v. Secretary of State for the Home Department: Upholding Detention Legality under Section 55 Compliance

AA v. Secretary of State for the Home Department: Upholding Detention Legality under Section 55 Compliance

Date: Jul 11, 2013
AA v. Secretary of State for the Home Department: Upholding Detention Legality under Section 55 Compliance Introduction The case AA, R (on the application of) v. Secretary of State for the Home...
Systemic Judicial Corruption as a Bar to Extradition Under the Human Rights Act: Kapri v. The Lord Advocate

Systemic Judicial Corruption as a Bar to Extradition Under the Human Rights Act: Kapri v. The Lord Advocate

Date: Jul 11, 2013
Systemic Judicial Corruption as a Bar to Extradition Under the Human Rights Act: Kapri v. The Lord Advocate Introduction Kapri v. The Lord Advocate is a landmark judgment delivered by the United...
Kitching v. Revenue & Customs: Assessing Commercial Basis and Profit Expectation for Tax Loss Relief

Kitching v. Revenue & Customs: Assessing Commercial Basis and Profit Expectation for Tax Loss Relief

Date: Jul 10, 2013
Kitching v. Revenue & Customs: Assessing Commercial Basis and Profit Expectation for Tax Loss Relief 1. Introduction The case of Kitching v. Revenue & Customs ([2013] UKFTT 384 (TC)) presents a...
Estoppel by Deed in Prime Sight Ltd v. Lavarello: A New Precedent

Estoppel by Deed in Prime Sight Ltd v. Lavarello: A New Precedent

Date: Jul 10, 2013
Estoppel by Deed in Prime Sight Ltd v. Lavarello: A New Precedent Introduction Prime Sight Ltd v. Lavarello (Gibraltar) (Rev.1 ) ([2013] UKPC 22) is a landmark judgment delivered by the Privy Council...
Legal Analysis of Asylum Risk Assessment in GJ (Post-Civil War: Returnees) Sri Lanka CG (Rev 1) [2013] UKUT 319 (IAC)

Legal Analysis of Asylum Risk Assessment in GJ (Post-Civil War: Returnees) Sri Lanka CG (Rev 1) [2013] UKUT 319 (IAC)

Date: Jul 6, 2013
Legal Analysis of Asylum Risk Assessment in GJ (Post-Civil War: Returnees) Sri Lanka CG (Rev 1) [2013] UKUT 319 (IAC) Introduction The case of GJ (Post-Civil War: Returnees) Sri Lanka CG (Rev 1)...
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