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  • Commentaries

United Kingdom Case Commentaries

Affirming Legislative Competence: Imperial Tobacco Ltd v. The Lord Advocate (Scotland) [2012]

Affirming Legislative Competence: Imperial Tobacco Ltd v. The Lord Advocate (Scotland) [2012]

Date: Dec 13, 2012
Affirming Legislative Competence: Imperial Tobacco Ltd v. The Lord Advocate (Scotland) [2012] Introduction Imperial Tobacco Ltd v. The Lord Advocate (Scotland) ([2012] UKSC 61) is a landmark judgment...
Reverter Doctrine and Adverse Possession in Land Title Disputes: Insights from Armbrister v. Lightbourn

Reverter Doctrine and Adverse Possession in Land Title Disputes: Insights from Armbrister v. Lightbourn

Date: Dec 12, 2012
Reverter Doctrine and Adverse Possession in Land Title Disputes: Insights from Armbrister v. Lightbourn Introduction The case of Armbrister & Anor v. Lightbourn & Anor (Bahamas) ([2012] UKPC 40)...
Aderemi v. London and South Eastern Railway Ltd: Defining Disability Under the Equality Act 2010

Aderemi v. London and South Eastern Railway Ltd: Defining Disability Under the Equality Act 2010

Date: Dec 7, 2012
Aderemi v. London and South Eastern Railway Ltd: Defining Disability Under the Equality Act 2010 Introduction Aderemi v. London and South Eastern Railway Ltd is a pivotal case adjudicated by the...
Reaffirming Knowledge Obligation in MTIC VAT Fraud: A Comprehensive Analysis of GSM Export (UK) Ltd & Anor v. Revenue & Customs ([2012] UKFTT 744 (TC))

Reaffirming Knowledge Obligation in MTIC VAT Fraud: A Comprehensive Analysis of GSM Export (UK) Ltd & Anor v. Revenue & Customs ([2012] UKFTT 744 (TC))

Date: Dec 6, 2012
Reaffirming Knowledge Obligation in MTIC VAT Fraud: A Comprehensive Analysis of GSM Export (UK) Ltd & Anor v. Revenue & Customs ([2012] UKFTT 744 (TC)) Introduction The case of GSM Export (UK) Ltd &...
ST v. Secretary of State for Work and Pensions (2012): Upholding Appellant's Right to Comprehensive Medical Evidence in ESA Appeals

ST v. Secretary of State for Work and Pensions (2012): Upholding Appellant's Right to Comprehensive Medical Evidence in ESA Appeals

Date: Dec 6, 2012
ST v. Secretary of State for Work and Pensions (2012): Upholding Appellant's Right to Comprehensive Medical Evidence in ESA Appeals Introduction The case of ST v. Secretary of State for Work and...
Strict Compliance Required for VAT Input Tax Claims: A Comprehensive Analysis of McAndrew Utilities Ltd v Revenue & Customs

Strict Compliance Required for VAT Input Tax Claims: A Comprehensive Analysis of McAndrew Utilities Ltd v Revenue & Customs

Date: Dec 5, 2012
Strict Compliance Required for VAT Input Tax Claims: A Comprehensive Analysis of McAndrew Utilities Ltd v Revenue & Customs Introduction The case of McAndrew Utilities Ltd v Revenue & Customs ([2013]...
Yarce [2012] UKUT 425(IAC): Adequate Maintenance Through Third-Party Support and Quistclose Trusts

Yarce [2012] UKUT 425(IAC): Adequate Maintenance Through Third-Party Support and Quistclose Trusts

Date: Dec 1, 2012
Yarce [2012] UKUT 425(IAC): Adequate Maintenance Through Third-Party Support and Quistclose Trusts Introduction The case of Yarce (adequate maintenance: benefits) Colombia ([2012] UKUT 425 (IAC))...
Affirming the Proportionality of VAT Default Surcharge: Insights from HMRC v. Total Technology

Affirming the Proportionality of VAT Default Surcharge: Insights from HMRC v. Total Technology

Date: Nov 30, 2012
Affirming the Proportionality of VAT Default Surcharge: Insights from HMRC v. Total Technology Introduction The case of HMRC v. Total Technology (Engineering) Ltd ([2013] STC 681) adjudicated by the...
Ruddy v Chief Constable: Supreme Court Clarifies Competency of Combined Human Rights Claims Against Multiple Defenders

Ruddy v Chief Constable: Supreme Court Clarifies Competency of Combined Human Rights Claims Against Multiple Defenders

Date: Nov 29, 2012
Ruddy v Chief Constable: Supreme Court Clarifies Competency of Combined Human Rights Claims Against Multiple Defenders Introduction The Supreme Court case Ruddy v. Chief Constable, Strathclyde Police...
Ministerial Duty to Implement Statutory Provisions: RM v. The Scottish Ministers (Scotland) (2013 SCLR 98)

Ministerial Duty to Implement Statutory Provisions: RM v. The Scottish Ministers (Scotland) (2013 SCLR 98)

Date: Nov 29, 2012
Ministerial Duty to Implement Statutory Provisions: RM v. The Scottish Ministers (Scotland) (2013 SCLR 98) Introduction RM v. The Scottish Ministers (Scotland) (2013 SCLR 98) is a landmark case...
Reasonableness in Rent Repayment Orders for Unlicensed HMOs: Parker v. Waller [2012] UKUT 301

Reasonableness in Rent Repayment Orders for Unlicensed HMOs: Parker v. Waller [2012] UKUT 301

Date: Nov 27, 2012
Reasonableness in Rent Repayment Orders for Unlicensed HMOs: Parker v. Waller [2012] UKUT 301 Introduction Parker v. Waller & Ors ([2012] UKUT 301 (LC)) is a pivotal case heard by the Upper Tribunal...
Rugby Football Union v Consolidated Information Services Ltd: Establishing the Balance Between Data Protection and Contractual Enforcement

Rugby Football Union v Consolidated Information Services Ltd: Establishing the Balance Between Data Protection and Contractual Enforcement

Date: Nov 22, 2012
Rugby Football Union v Consolidated Information Services Ltd: Establishing the Balance Between Data Protection and Contractual Enforcement Introduction The case of The Rugby Football Union v....
Welton v. Deluxe Retail Ltd: Clarifying Continuity of Employment under the ERA 1996

Welton v. Deluxe Retail Ltd: Clarifying Continuity of Employment under the ERA 1996

Date: Nov 22, 2012
Welton v. Deluxe Retail Ltd: Clarifying Continuity of Employment under the ERA 1996 Introduction The case of Welton v. Deluxe Retail Ltd (t/a Madhouse), decided by the United Kingdom Employment...
Supreme Court Upholds Welsh Assembly's Legislative Competence in Local Government Byelaws (Wales) Bill 2012

Supreme Court Upholds Welsh Assembly's Legislative Competence in Local Government Byelaws (Wales) Bill 2012

Date: Nov 22, 2012
Supreme Court Upholds Welsh Assembly's Legislative Competence in Local Government Byelaws (Wales) Bill 2012 Introduction The Local Government Byelaws (Wales) Bill 2012 - Reference by the Attorney...
Restrictive Interpretation of Article 1F(c) in Refugee Status Determinations: Insights from Al-Sirri v. Secretary of State for the Home Department

Restrictive Interpretation of Article 1F(c) in Refugee Status Determinations: Insights from Al-Sirri v. Secretary of State for the Home Department

Date: Nov 22, 2012
Restrictive Interpretation of Article 1F(c) in Refugee Status Determinations: Insights from Al-Sirri v. Secretary of State for the Home Department Introduction The landmark case Al-Sirri v. Secretary...
Vicarious Liability for Sexual Abuse in Religious Institutions: The Catholic Child Welfare Society v. Various Claimants & The Institute of the Brothers of the Christian Schools

Vicarious Liability for Sexual Abuse in Religious Institutions: The Catholic Child Welfare Society v. Various Claimants & The Institute of the Brothers of the Christian Schools

Date: Nov 22, 2012
Vicarious Liability for Sexual Abuse in Religious Institutions: The Catholic Child Welfare Society v. Various Claimants & The Institute of the Brothers of the Christian Schools Introduction The case,...
Reevaluation of Self-Assessment Returns: The Joseph Okolo v HMRC Case

Reevaluation of Self-Assessment Returns: The Joseph Okolo v HMRC Case

Date: Nov 20, 2012
Reevaluation of Self-Assessment Returns: The Joseph Okolo v HMRC Case Introduction The case of Joseph Okolo v. HMRC FTC/95/2011 ([2012] UKUT 416 (TCC)) presents a significant development in the realm...
Reasonable Care Standard Affirmed in CIS Compliance: PDF Electrical Ltd v. Revenue & Customs

Reasonable Care Standard Affirmed in CIS Compliance: PDF Electrical Ltd v. Revenue & Customs

Date: Nov 20, 2012
Reasonable Care Standard Affirmed in CIS Compliance: PDF Electrical Ltd v. Revenue & Customs Introduction The case of PDF Electrical Ltd v. Revenue & Customs ([2012] UKFTT 708 (TC)) addresses a...
Separation of Removal Decisions from Leave Refusals: Insights from Adamally and Jaferi Judgment

Separation of Removal Decisions from Leave Refusals: Insights from Adamally and Jaferi Judgment

Date: Nov 16, 2012
Separation of Removal Decisions from Leave Refusals: Insights from Adamally and Jaferi Judgment Introduction The Upper Tribunal (Immigration and Asylum Chamber) delivered a pivotal judgment on...
Clarifying 'Regular Intervention' Under Regulation 12(6) in DLA Appeals: Insights from Secretary of State for Work and Pensions v. MG (DLA) [2012] UKUT 429 (AAC)

Clarifying 'Regular Intervention' Under Regulation 12(6) in DLA Appeals: Insights from Secretary of State for Work and Pensions v. MG (DLA) [2012] UKUT 429 (AAC)

Date: Nov 16, 2012
Clarifying 'Regular Intervention' Under Regulation 12(6) in DLA Appeals: Insights from Secretary of State for Work and Pensions v. MG (DLA) [2012] UKUT 429 (AAC) Introduction The case of Secretary of...
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