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  • Commentaries

United Kingdom Case Commentaries

Procedural Fairness in Financial Restrictions: Insights from Bank Mellat v. HM Treasury (No. 2)

Procedural Fairness in Financial Restrictions: Insights from Bank Mellat v. HM Treasury (No. 2)

Date: Jun 20, 2013
Procedural Fairness in Financial Restrictions: Insights from Bank Mellat v. HM Treasury (No. 2) Introduction The case of Bank Mellat v. Her Majesty's Treasury (No. 2) ([2013] Lloyd's Rep FC 580)...
Access Control Without Compensation: Cusack v. London Borough of Harrow [2013]

Access Control Without Compensation: Cusack v. London Borough of Harrow [2013]

Date: Jun 20, 2013
Access Control Without Compensation: Cusack v. London Borough of Harrow [2013] Introduction The case Cusack v. London Borough of Harrow ([2013] 4 All ER 97) addresses the tension between property...
Smith & Ors v Ministry of Defence: Refining Article 2 Human Rights Obligations and Combat Immunity in Negligence Claims

Smith & Ors v Ministry of Defence: Refining Article 2 Human Rights Obligations and Combat Immunity in Negligence Claims

Date: Jun 20, 2013
Smith & Ors v Ministry of Defence: Refining Article 2 Human Rights Obligations and Combat Immunity in Negligence Claims Introduction Smith & Ors v Ministry of Defence ([2013] HRLR 27) is a seminal...
EK v Secretary of State for the Home Department: Establishing Obligations under Article 4 ECHR and the Anti-Trafficking Convention

EK v Secretary of State for the Home Department: Establishing Obligations under Article 4 ECHR and the Anti-Trafficking Convention

Date: Jun 20, 2013
EK v Secretary of State for the Home Department: Establishing Obligations under Article 4 ECHR and the Anti-Trafficking Convention Introduction The case of EK v Secretary of State for the Home...
Upper Tribunal Clarifies Tracing Obligations and Trafficking Decisions in SHL v. Home Department ([2013] UKUT 312 (IAC))

Upper Tribunal Clarifies Tracing Obligations and Trafficking Decisions in SHL v. Home Department ([2013] UKUT 312 (IAC))

Date: Jun 17, 2013
Upper Tribunal Clarifies Tracing Obligations and Trafficking Decisions in SHL v. Home Department ([2013] UKUT 312 (IAC)) Introduction The case of SHL v. Secretary of State for the Home Department...
Remittal for Rehearing in FCO v. Information Commissioner and Plowden: A Landmark Decision on Freedom of Information Exemptions

Remittal for Rehearing in FCO v. Information Commissioner and Plowden: A Landmark Decision on Freedom of Information Exemptions

Date: Jun 16, 2013
Remittal for Rehearing in FCO v. Information Commissioner and Plowden: A Landmark Decision on Freedom of Information Exemptions Introduction The case of FCO v. Information Commissioner and Plowden...
Ealing Hospital NHS Trust v. Brito-Babapulle: Mitigating Factors in Gross Misconduct Dismissals

Ealing Hospital NHS Trust v. Brito-Babapulle: Mitigating Factors in Gross Misconduct Dismissals

Date: Jun 15, 2013
Ealing Hospital NHS Trust v. Brito-Babapulle: Mitigating Factors in Gross Misconduct Dismissals Introduction The case of Brito-Babapulle v. Ealing Hospital NHS Trust ([2013] UKEAT 0358_12_1406)...
Defining the Commencement of Reasonable Time for Trials Under Article 6(1) ECHR and Impartiality Standards: Insights from O'Neill v HM Advocate No 2 [2013]

Defining the Commencement of Reasonable Time for Trials Under Article 6(1) ECHR and Impartiality Standards: Insights from O'Neill v HM Advocate No 2 [2013]

Date: Jun 14, 2013
Defining the Commencement of Reasonable Time for Trials Under Article 6(1) ECHR and Impartiality Standards: Insights from O'Neill v HM Advocate No 2 [2013] Introduction O'Neill v. Her Majesty's...
Clarifying the Appealability of Interlocutory Judgments under Section 40 of the Court of Session Act 1988

Clarifying the Appealability of Interlocutory Judgments under Section 40 of the Court of Session Act 1988

Date: Jun 14, 2013
Clarifying the Appealability of Interlocutory Judgments under Section 40 of the Court of Session Act 1988 Introduction The case of Apollo Engineering Ltd v. James Scott Ltd ([2013] GWD 21-409)...
Expansion of Malicious Prosecution to Civil Proceedings in Crawford Adjusters v. Sagicor General Insurance

Expansion of Malicious Prosecution to Civil Proceedings in Crawford Adjusters v. Sagicor General Insurance

Date: Jun 14, 2013
Expansion of Malicious Prosecution to Civil Proceedings in Crawford Adjusters v. Sagicor General Insurance Introduction Crawford Adjusters & Ors v. Sagicor General Insurance (Cayman) Ltd & Anor is a...
Discretionary Review under Paragraph 353B: Khanum & Others v. Secretary of State for the Home Department

Discretionary Review under Paragraph 353B: Khanum & Others v. Secretary of State for the Home Department

Date: Jun 14, 2013
Discretionary Review under Paragraph 353B: Khanum & Others v. Secretary of State for the Home Department Introduction The case of Khanum & Others v. Secretary of State for the Home Department [2013]...
Establishing Non-Resident Parent Status in Shared Care: TD v. Secretary of State for Work and Pensions

Establishing Non-Resident Parent Status in Shared Care: TD v. Secretary of State for Work and Pensions

Date: Jun 14, 2013
Establishing Non-Resident Parent Status in Shared Care: TD v. Secretary of State for Work and Pensions Introduction The case of TD v. Secretary of State for Work and Pensions and PS (CSM) ([2013]...
Reaffirming the Limits of Piercing the Corporate Veil in Ancillary Relief: Analysis of Prest v Petrodel Resources Ltd [2013] UKSC 5

Reaffirming the Limits of Piercing the Corporate Veil in Ancillary Relief: Analysis of Prest v Petrodel Resources Ltd [2013] UKSC 5

Date: Jun 13, 2013
Reaffirming the Limits of Piercing the Corporate Veil in Ancillary Relief: Analysis of Prest v Petrodel Resources Ltd & Ors [2013] UKSC 5 Introduction Prest v Petrodel Resources Ltd & Ors ([2013]...
Affirmed: English Courts Retain Power to Enforce Arbitration Agreements via Injunctions Outside Brussels/Lugano Regime – Ust-Kamenogorsk Hydropower Plant JSC v. AES UK

Affirmed: English Courts Retain Power to Enforce Arbitration Agreements via Injunctions Outside Brussels/Lugano Regime – Ust-Kamenogorsk Hydropower Plant JSC v. AES UK

Date: Jun 13, 2013
Affirmed: English Courts Retain Power to Enforce Arbitration Agreements via Injunctions Outside Brussels/Lugano Regime – Ust-Kamenogorsk Hydropower Plant JSC v. AES UK Introduction The case of...
Establishing the Necessity and Proportionality of Care Orders: Insights from B (A Child) Re [2013] Fam Law 946

Establishing the Necessity and Proportionality of Care Orders: Insights from B (A Child) Re [2013] Fam Law 946

Date: Jun 13, 2013
Establishing the Necessity and Proportionality of Care Orders: Insights from B (A Child) Re [2013] Fam Law 946 1. Introduction The case of B (A Child) Re [2013] Fam Law 946 presents a pivotal moment...
Failure to Process Legacy Asylum Cases Does Not Render Subsequent Decisions Unlawful: AZ v. Secretary of State for the Home Department

Failure to Process Legacy Asylum Cases Does Not Render Subsequent Decisions Unlawful: AZ v. Secretary of State for the Home Department

Date: Jun 11, 2013
Failure to Process Legacy Asylum Cases Does Not Render Subsequent Decisions Unlawful: AZ v. Secretary of State for the Home Department Introduction The Upper Tribunal (Immigration and Asylum Chamber)...
Paramount Occupation Determines Separate Hereditament Assessments: Esso v Walker [2013] UKUT 52 (LC)

Paramount Occupation Determines Separate Hereditament Assessments: Esso v Walker [2013] UKUT 52 (LC)

Date: Jun 11, 2013
Paramount Occupation Determines Separate Hereditament Assessments: Esso v Walker [2013] UKUT 52 (LC) Introduction Background The case of Esso Petroleum Company Ltd v. Walker ([2013] UKUT 52 (LC))...
Vaughan v. London Borough Of Lewisham: Costs Orders for Misconceived Employment Claims Can Proceed Without Deposit or Costs Warnings

Vaughan v. London Borough Of Lewisham: Costs Orders for Misconceived Employment Claims Can Proceed Without Deposit or Costs Warnings

Date: Jun 7, 2013
Vaughan v. London Borough Of Lewisham: Costs Orders for Misconceived Employment Claims Can Proceed Without Deposit or Costs Warnings Introduction The case of Vaughan v. London Borough Of Lewisham &...
Woodhouse v. West North West Homes Leeds Ltd: Reevaluating Victimization Claims Under the Equality Act 2010

Woodhouse v. West North West Homes Leeds Ltd: Reevaluating Victimization Claims Under the Equality Act 2010

Date: Jun 6, 2013
Woodhouse v. West North West Homes Leeds Ltd: Reevaluating Victimization Claims Under the Equality Act 2010 Introduction Woodhouse v. West North West Homes Leeds Ltd ([2013] Eq LR 796) is a pivotal...
Clarifying Scheme Administrator Responsibilities under FA 2004: Insights from Willey v. Revenue & Customs [2013] UKFTT 328 (TC)

Clarifying Scheme Administrator Responsibilities under FA 2004: Insights from Willey v. Revenue & Customs [2013] UKFTT 328 (TC)

Date: Jun 4, 2013
Clarifying Scheme Administrator Responsibilities under FA 2004: Insights from Willey v. Revenue & Customs [2013] UKFTT 328 (TC) Introduction Willey v. Revenue & Customs ([2013] UKFTT 328 (TC)) is a...
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