United Kingdom Case Commentaries

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

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]

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

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

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

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

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

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

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

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

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)

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

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

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)

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...

Essa v. Secretary of State for the Home Department: Establishing Permanent Residence Continuity and Rehabilitation Integration

Date: Jun 4, 2013

Establishing Permanent Residence Continuity and Rehabilitation Integration: Comprehensive Analysis of Essa v. Secretary of State for the Home Department ([2013] UKUT 316 (IAC)) Introduction The case...

Reasonableness of Service Charge Insurance Premiums: Upper Tribunal Upholds LVT’s Decision in Avon Estates Ltd v. Sinclair Gardens Investments Ltd

Date: May 31, 2013

Reasonableness of Service Charge Insurance Premiums: Upper Tribunal Upholds LVT’s Decision in Avon Estates Ltd v. Sinclair Gardens Investments Ltd Introduction The case of Avon Estates (London) Ltd...

Establishing Principal Private Residence for Capital Gains Tax: Insights from Llewellyn v Revenue & Customs

Date: May 30, 2013

Establishing Principal Private Residence for Capital Gains Tax: Insights from Llewellyn v Revenue & Customs Introduction The case of Llewellyn v Revenue & Customs ([2013] UKFTT 323 (TC)) presents a...

HMRC v. The Honourable Society of Middle Temple: Single Composite Supply for VAT Purposes

Date: May 25, 2013

HMRC v. The Honourable Society of Middle Temple: Single Composite Supply for VAT Purposes Introduction HMRC v. The Honourable Society of Middle Temple FTC/45/2012 ([2013] UKUT 250 (TCC)) is a...

Timeliness of VAT Refund Claims: Hewett v. Revenue & Customs ([2013] UKFTT 439 (TC))

Date: May 25, 2013

Timeliness of VAT Refund Claims: Hewett v. Revenue & Customs ([2013] UKFTT 439 (TC)) Introduction Hewett v. Revenue & Customs is a pivotal case adjudicated by the First-tier Tribunal (Tax) in 2013,...