United Kingdom Case Commentaries

Clarifying the Distinct Standards for Imposition and Release Under Imprisonment for Public Protection

Date: Jul 4, 2013

Clarifying the Distinct Standards for Imposition and Release Under Imprisonment for Public Protection Introduction The case of Sturnham v. The Parole Board of England and Wales & Anor (No. 2) ([2013]...

Reaffirming the Role of Employer's Repudiatory Breach in Constructive Dismissal: Wright v. North Ayrshire Council

Date: Jun 28, 2013

Reaffirming the Role of Employer's Repudiatory Breach in Constructive Dismissal: Wright v. North Ayrshire Council ([2013] UKEAT 0017_13_2706) Introduction The case of Wright v. North Ayrshire Council...

Allocation of Common Costs in Price Controls: Insights from Verizon UK Ltd & Anor v Office of Communications

Date: Jun 28, 2013

Allocation of Common Costs in Price Controls: Insights from Verizon UK Ltd & Anor v Office of Communications Introduction The case of Verizon UK Ltd & Anor v. Office of Communications ([2013] CAT 15)...

Clarifying the Treatment of Covenant Relief in Leasehold Enfranchisement: Money & Ors v. Cadogan Holdings Ltd [2013] UKUT 211 (LC)

Date: Jun 27, 2013

Clarifying the Treatment of Covenant Relief in Leasehold Enfranchisement: Money & Ors v. Cadogan Holdings Ltd [2013] UKUT 211 (LC) Introduction The case of Money & Ors v. Cadogan Holdings Ltd ([2013]...

Interpreting "Same Employment" under the Equal Pay Act 1970: Insights from North & Ors v. Dumfries and Galloway Council

Date: Jun 27, 2013

Interpreting "Same Employment" under the Equal Pay Act 1970: Insights from North & Ors v. Dumfries and Galloway Council Introduction The case of North & Ors v. Dumfries and Galloway Council ([2013]...

Presumption of Mens Rea in Unlawful Carnal Knowledge Offences: Insights from Brown v R (Northern Ireland) [2013] UKSC 43

Date: Jun 27, 2013

Presumption of Mens Rea in Unlawful Carnal Knowledge Offences: Insights from Brown v R (Northern Ireland) [2013] UKSC 43 Introduction The case of Brown, R v. (Northern Ireland) [2013] UKSC 43...

Good Service of Claim Forms Abroad under CPR 6.15(2): Insights from Abela & Ors v. Baadarani

Date: Jun 27, 2013

Good Service of Claim Forms Abroad under CPR 6.15(2): Insights from Abela & Ors v. Baadarani Introduction Abela & Ors v. Baadarani ([2013] ILPr 40) is a landmark case adjudicated by the United...

Reassessment of Asylum Claims for Unaccompanied Children: The ST (Child Asylum Seekers) Sri Lanka [2013] UKUT 292 (IAC) Decision

Date: Jun 26, 2013

Reassessment of Asylum Claims for Unaccompanied Children: The ST (Child Asylum Seekers) Sri Lanka [2013] UKUT 292 (IAC) Decision Introduction The case of ST (Child Asylum Seekers) Sri Lanka ([2013]...

Risk Assessment for Political Opponents Returning to Burma: TS v Secretary of State for Home Department [2013] UKUT 281 (IAC)

Date: Jun 26, 2013

Risk Assessment for Political Opponents Returning to Burma: TS v Secretary of State for Home Department [2013] UKUT 281 (IAC) Introduction The case TS (Political opponents risk) Burma/Myanmar CG...

Upper Tribunal Clarifies Costs Approach in Judicial Review Cases

Date: Jun 26, 2013

Upper Tribunal Clarifies Costs Approach in Judicial Review Cases Introduction In the landmark case LR, R (on the application of) v. FTT (HESC) and Hertfordshire CC ([2013] UKUT 294 (AAC)), the Upper...

Shabani Case Establishes New Precedent on Derivative Rights of EEA Jobseekers and Nursery Education

Date: Jun 25, 2013

Shabani Case Establishes New Precedent on Derivative Rights of EEA Jobseekers and Nursery Education Introduction The Shabani v. Secretary of State for the Home Department case ([2013] UKUT 315) is a...

Tribunal's Ex Officio Intervention and Natural Justice: Jastrzembski v Westminster City Council [2013] UKUT 284 (LC)

Date: Jun 21, 2013

Tribunal's Ex Officio Intervention and Natural Justice: Jastrzembski v Westminster City Council [2013] UKUT 284 (LC) Introduction The case of Jastrzembski v Westminster City Council ([2013] UKUT 284...

VAT Input Tax Deduction in Multi-Party Loyalty Schemes: A Comprehensive Analysis of Revenue and Customs v. Aimia Coalition Loyalty UK Ltd ([2013] UKSC 42)

Date: Jun 21, 2013

VAT Input Tax Deduction in Multi-Party Loyalty Schemes: A Comprehensive Analysis of Revenue and Customs v. Aimia Coalition Loyalty UK Ltd ([2013] UKSC 42) Introduction The case of Revenue and Customs...

Present-Day Dependency Determination under EEA Regulations: Insights from Reyes v. Secretary of State

Date: Jun 20, 2013

Present-Day Dependency Determination under EEA Regulations: Insights from Reyes v. Secretary of State Introduction The case of Reyes v. Secretary of State for the Home Department ([2013] UKUT 314) is...

Supreme Court's Endorsement of Closed Material Procedures in Appeals Under the Counter-Terrorism Act 2008

Date: Jun 20, 2013

Supreme Court's Endorsement of Closed Material Procedures in Appeals Under the Counter-Terrorism Act 2008 Introduction In the landmark case of Bank Mellat v. Her Majesty's Treasury (No. 1) ([2013]...

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]

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

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

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))

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...