United Kingdom Case Commentaries

O’Brien v. Ministry of Justice: Affirming Worker Status and Pension Entitlement for Part-Time Judges

Date: Feb 7, 2013

O’Brien v. Ministry of Justice: Affirming Worker Status and Pension Entitlement for Part-Time Judges Introduction The case of O’Brien v. Ministry of Justice ([2013] UKSC 6) centers on the entitlement...

Thompson v Revenue & Customs: Onus of Proof in Information Notices

Date: Feb 7, 2013

Thompson v Revenue & Customs: Onus of Proof in Information Notices Introduction Thompson v Revenue & Customs ([2013] UKFTT 103 (TC)) is a pivotal case adjudicated by the First-tier Tribunal (Tax) in...

Allen v. Leicester City Council: Refining Compensation Valuation in Compulsory Purchase Cases

Date: Feb 5, 2013

Allen v. Leicester City Council: Refining Compensation Valuation in Compulsory Purchase Cases Introduction Allen v. Leicester City Council ([2013] UKUT 16 (LC)) is a significant case adjudicated by...

Upper Tribunal Sets New Precedent on Zimbabwe Asylum Claims: An In-Depth Commentary

Date: Feb 1, 2013

Upper Tribunal Sets New Precedent on Zimbabwe Asylum Claims: An In-Depth Commentary Introduction In the landmark case of CM (EM country guidance; disclosure) Zimbabwe CG ([2013] UKUT 59 (IAC)), the...

Upper Tribunal Establishes Mandatory Adherence to Flexibility Policy in PBS Immigration Applications

Date: Feb 1, 2013

Upper Tribunal Establishes Mandatory Adherence to Flexibility Policy in PBS Immigration Applications Introduction The case of Jovy Octubre Rodriguez v. The Secretary of State for the Home Department...

Tribunal Decision in First Class Communications Ltd v. Revenue & Customs: Implications for Procedural Compliance and Party Conduct

Date: Feb 1, 2013

Tribunal Decision in First Class Communications Ltd v. Revenue & Customs: Implications for Procedural Compliance and Party Conduct Introduction The case of First Class Communications Ltd v. Revenue &...

Reaffirming the Primacy of Immigration Rules in Article 8 Assessments: Izuazu v Secretary of State for the Home Department

Date: Jan 31, 2013

Reaffirming the Primacy of Immigration Rules in Article 8 Assessments: Izuazu v Secretary of State for the Home Department Introduction The case of Izuazu (Article 8 – new rules) Nigeria ([2013] UKUT...

Relief from Forfeiture in Security Financial Collateral Arrangements: Insights from Cukurova Finance International Ltd v Alfa Telecom Turkey Ltd

Date: Jan 31, 2013

Relief from Forfeiture in Security Financial Collateral Arrangements: Insights from Cukurova Finance International Ltd & Anor v. Alfa Telecom Turkey Ltd ([2013] UKPC 2) Introduction The case of...

Affirmation of Creditor's Right to Winding-Up Petitions: Ebbvale Ltd v. Hosking [2013] UKPC 1

Date: Jan 31, 2013

Affirmation of Creditor's Right to Winding-Up Petitions: Ebbvale Ltd v. Hosking [2013] UKPC 1 Introduction The case of Ebbvale Ltd v. Hosking ([2013] UKPC 1) is a pivotal decision by the Privy...

De Novo Appraisal of Contempt Sentencing: Insights from B (Algeria) v. Secretary of State for the Home Department

Date: Jan 31, 2013

De Novo Appraisal of Contempt Sentencing: Insights from B (Algeria) v. Secretary of State for the Home Department Introduction The case of B (Algeria) v. Secretary of State for the Home Department...

Hill v. Governing Body Of Great Tey Primary School: Establishing New Precedents in Unfair Dismissal and Article 10 Applicability

Date: Jan 30, 2013

Hill v. Governing Body Of Great Tey Primary School: Establishing New Precedents in Unfair Dismissal and Article 10 Applicability Introduction Hill v. Governing Body Of Great Tey Primary School...

Clarification on Revocation of Refugee Status: European vs. Convention Refugee Status in Dang v. Secretary of State (2013)

Date: Jan 29, 2013

Clarification on Revocation of Refugee Status: European vs. Convention Refugee Status in Dang v. Secretary of State (2013) Introduction Dang (Refugee Query Revocation, Article 3) Vietnam ([2013] UKUT...

Reaffirming the 'Mainly Investment' Criterion in Inheritance Tax Relief: HMRC v. Personal Representatives of Nicolette Pawson

Date: Jan 29, 2013

Reaffirming the 'Mainly Investment' Criterion in Inheritance Tax Relief: HMRC v. Personal Representatives of Nicolette Pawson Introduction In the landmark case of HMRC v. Personal Representatives of...

Defining Vexatious Requests under the Freedom of Information Act: Insights from IC v. Dransfield ([2012] UKUT 440 (AAC))

Date: Jan 29, 2013

Defining Vexatious Requests under the Freedom of Information Act: Insights from IC v. Dransfield ([2012] UKUT 440 (AAC)) Introduction The case of Information Commissioner (IC) v. Dransfield ([2012]...

Ainslie v. Information Commissioner and Dorset County Council: Redefining Vexatious Requests under FOIA

Date: Jan 29, 2013

Ainslie v. Information Commissioner and Dorset County Council: Redefining Vexatious Requests under FOIA Introduction Ainslie v. Information Commissioner and Dorset County Council ([2012] UKUT 441...

ACCA Qualification Not Recognized as a UK Bachelor’s Degree: Mirza [2013] UKUT 41(IAC) Analysis

Date: Jan 29, 2013

ACCA Qualification Not Recognized as a UK Bachelor’s Degree: Mirza [2013] UKUT 41(IAC) Analysis Introduction The case of Mirza [2013] UKUT 41(IAC) addresses the recognition of the Association of...

Effect of Continuing Applications under Section 85A: Upper Tribunal's Ruling in Khatel and Others

Date: Jan 29, 2013

Effect of Continuing Applications under Section 85A: Upper Tribunal's Ruling in Khatel and Others Introduction The case of Khatel and others (s85A; effect of continuing application), decided by the...

Upper Tribunal Establishes Jurisdictional Limits on Abuse of Process Claims in Tax Appeals

Date: Jan 26, 2013

Upper Tribunal Establishes Jurisdictional Limits on Abuse of Process Claims in Tax Appeals Introduction In the seminal case of Foulser & Anor v. HMRC [2013] WLR(D) 51, the Upper Tribunal (Tax and...

Impact of Sentence Aggregation on European Arrest Warrant Particulars: Zakrzewski v Regional Court in Lodz

Date: Jan 24, 2013

Impact of Sentence Aggregation on European Arrest Warrant Particulars: Zakrzewski v Regional Court in Lodz Introduction The case of Zakrzewski v. The Regional Court in Lodz, Poland ([2013] UKSC 2)...

Lloyds TSB Foundation for Scotland v. Lloyds Banking Group: Interpreting 'Group Profit Before Taxation' Amid Evolving Accounting Standards

Date: Jan 24, 2013

Lloyds TSB Foundation for Scotland v. Lloyds Banking Group: Interpreting 'Group Profit Before Taxation' Amid Evolving Accounting Standards Introduction The case of Lloyds TSB Foundation for Scotland...