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  • Commentaries

United Kingdom Case Commentaries

Upper Tribunal Establishes Precedent on Protection for Ahmadis Facing Persecution in Pakistan

Upper Tribunal Establishes Precedent on Protection for Ahmadis Facing Persecution in Pakistan

Date: Nov 15, 2012
Upper Tribunal Establishes Precedent on Protection for Ahmadis Facing Persecution in Pakistan Introduction In the significant case of MN and others (Ahmadis - country conditions - risk) Pakistan CG...
Gujra v Crown Prosecution Service: Upholding the Reasonable Prospect Test in Private Prosecutions

Gujra v Crown Prosecution Service: Upholding the Reasonable Prospect Test in Private Prosecutions

Date: Nov 15, 2012
Gujra v Crown Prosecution Service: Upholding the Reasonable Prospect Test in Private Prosecutions Introduction The case of Gujra, R (on the application of) v. Crown Prosecution Service ([2012] 3 WLR...
Reasonableness in HMRC’s Conduct: Implications from Southwest Communications Group Ltd v. Revenue & Customs

Reasonableness in HMRC’s Conduct: Implications from Southwest Communications Group Ltd v. Revenue & Customs

Date: Nov 15, 2012
Reasonableness in HMRC’s Conduct: Implications from Southwest Communications Group Ltd v. Revenue & Customs Introduction The case of Southwest Communications Group Ltd v. Revenue & Customs ([2012]...
Establishing Limits on Subsidiary Protection: Insights from HM and Others (Article 15(c)) Iraq CG [2012] UKUT 409 (IAC)

Establishing Limits on Subsidiary Protection: Insights from HM and Others (Article 15(c)) Iraq CG [2012] UKUT 409 (IAC)

Date: Nov 14, 2012
Establishing Limits on Subsidiary Protection: Insights from HM and Others (Article 15(c)) Iraq CG [2012] UKUT 409 (IAC) Introduction The case of HM and Others (Article 15(c)) Iraq CG [2012] UKUT 409...
Upper Tribunal Sets Precedent on VAT Deductibility for Residual Input Tax in Hire Purchase Transactions

Upper Tribunal Sets Precedent on VAT Deductibility for Residual Input Tax in Hire Purchase Transactions

Date: Nov 13, 2012
Upper Tribunal Sets Precedent on VAT Deductibility for Residual Input Tax in Hire Purchase Transactions Introduction The case of HMRC v. Volkswagen Financial Services (UK) Ltd ([2012] UKUT 394 (TCC))...
Costs Awards to Interveners in Competition Appeals: Insights from Ryanair Holdings plc v. Competition Commission [2012] CAT 29

Costs Awards to Interveners in Competition Appeals: Insights from Ryanair Holdings plc v. Competition Commission [2012] CAT 29

Date: Nov 9, 2012
Costs Awards to Interveners in Competition Appeals: Insights from Ryanair Holdings plc v. Competition Commission [2012] CAT 29 Introduction The case of Ryanair Holdings plc v. Competition Commission...
Reaffirming the Burden of Proof in Historic VAT Claims: Guide Dogs for the Blind Association v. Revenue & Customs

Reaffirming the Burden of Proof in Historic VAT Claims: Guide Dogs for the Blind Association v. Revenue & Customs

Date: Nov 9, 2012
Reaffirming the Burden of Proof in Historic VAT Claims: Guide Dogs for the Blind Association v. Revenue & Customs Introduction The case of Guide Dogs for the Blind Association v. Revenue & Customs...
Expanding the Scope of Warrandice: Insights from Morris v. Rae (Scotland) (2013 SCLR 80)

Expanding the Scope of Warrandice: Insights from Morris v. Rae (Scotland) (2013 SCLR 80)

Date: Nov 8, 2012
Expanding the Scope of Warrandice: Insights from Morris v. Rae (Scotland) (2013 SCLR 80) Introduction The case of Morris v. Rae (Scotland) (2013 SCLR 80) represents a significant development in...
Reasonable Administration Charges for Subletting: Freehold Managers (Nominees) Ltd v. Piatti

Reasonable Administration Charges for Subletting: Freehold Managers (Nominees) Ltd v. Piatti

Date: Nov 7, 2012
Reasonable Administration Charges for Subletting: Freehold Managers (Nominees) Ltd v. Piatti Introduction The case of Freehold Managers (Nominees) Ltd v. Piatti ([2012] UKUT 241 (LC)) addresses the...
Kalidas [2012] UKUT 327: Establishing Best Practices for Agreed Facts in Asylum Proceedings

Kalidas [2012] UKUT 327: Establishing Best Practices for Agreed Facts in Asylum Proceedings

Date: Nov 3, 2012
Kalidas [2012] UKUT 327: Establishing Best Practices for Agreed Facts in Asylum Proceedings Introduction The case of Zafarani Rajanan Kalidas [2012] UKUT 327 (IAC) stands as a pivotal judgment in the...
Objective Justification for Discrimination in Charity Services: Catholic Care v. Charity Commission

Objective Justification for Discrimination in Charity Services: Catholic Care v. Charity Commission

Date: Nov 3, 2012
Objective Justification for Discrimination in Charity Services: Catholic Care v. Charity Commission Introduction The case Catholic Care (Diocese of Leeds) v. Charity Commission for England & Wales...
Assignment of Unregistered Trade Marks in Corporate Structures: Comprehensive Commentary on Iliffe News and Media Ltd & Ors v. Revenue & Customs

Assignment of Unregistered Trade Marks in Corporate Structures: Comprehensive Commentary on Iliffe News and Media Ltd & Ors v. Revenue & Customs

Date: Nov 2, 2012
Assignment of Unregistered Trade Marks in Corporate Structures: Comprehensive Commentary on Iliffe News and Media Ltd & Ors v. Revenue & Customs Introduction The case of Iliffe News and Media Ltd &...
Expanding the Definition of 'Worker' under EU Free Movement: Insights from Prix v Secretary of State for Work and Pensions

Expanding the Definition of 'Worker' under EU Free Movement: Insights from Prix v Secretary of State for Work and Pensions

Date: Nov 1, 2012
Expanding the Definition of 'Worker' under EU Free Movement: Insights from Prix v Secretary of State for Work and Pensions Introduction The case of Prix v Secretary of State for Work and Pensions...
Establishing a Two-Stage Framework for Article 8 Claims under New UK Immigration Rules

Establishing a Two-Stage Framework for Article 8 Claims under New UK Immigration Rules

Date: Nov 1, 2012
Establishing a Two-Stage Framework for Article 8 Claims under New UK Immigration Rules Introduction The case of MF Nigeria ([2012] UKUT 393 (IAC)) before the Upper Tribunal (Immigration and Asylum...
Establishing Sovereign Control in Habeas Corpus: Insights from Secretary of State v Rahmatullah

Establishing Sovereign Control in Habeas Corpus: Insights from Secretary of State v Rahmatullah

Date: Nov 1, 2012
Establishing Sovereign Control in Habeas Corpus: Insights from Secretary of State v Rahmatullah Introduction The case of Secretary of State for Foreign and Commonwealth Affairs v. Rahmatullah ([2012]...
Reevaluation of Disability Criteria under the Equality Act 2010: Sussex Partnership NHS Foundation Trust v. Norris

Reevaluation of Disability Criteria under the Equality Act 2010: Sussex Partnership NHS Foundation Trust v. Norris

Date: Oct 31, 2012
Reevaluation of Disability Criteria under the Equality Act 2010: Sussex Partnership NHS Foundation Trust v. Norris Introduction The case of Sussex Partnership NHS Foundation Trust v. Norris ([2012]...
Murray Group Holdings & Ors v. Revenue & Customs: Establishing the Boundaries of Emoluments in Trust-Based Remuneration Schemes

Murray Group Holdings & Ors v. Revenue & Customs: Establishing the Boundaries of Emoluments in Trust-Based Remuneration Schemes

Date: Oct 30, 2012
Murray Group Holdings & Ors v. Revenue & Customs: Establishing the Boundaries of Emoluments in Trust-Based Remuneration Schemes Introduction The case of Murray Group Holdings & Ors v. Revenue &...
St John’s Wood Leases Ltd v. O’Neil: Establishing Fairness in Service Charge Cost Recovery under Section 20C

St John’s Wood Leases Ltd v. O’Neil: Establishing Fairness in Service Charge Cost Recovery under Section 20C

Date: Oct 27, 2012
St John’s Wood Leases Ltd v. O’Neil: Establishing Fairness in Service Charge Cost Recovery under Section 20C Introduction The case of St John’s Wood Leases Ltd v. O’Neil ([2012] UKUT 374 (LC))...
Affirmation of Domestic Limitation Periods in Competition Damages Claims under EU Principles: BCL Old Co Ltd v BASF Plc & Ors ([2012] UKSC 45)

Affirmation of Domestic Limitation Periods in Competition Damages Claims under EU Principles: BCL Old Co Ltd v BASF Plc & Ors ([2012] UKSC 45)

Date: Oct 25, 2012
Affirmation of Domestic Limitation Periods in Competition Damages Claims under EU Principles: BCL Old Co Ltd v BASF Plc & Ors ([2012] UKSC 45) Introduction The case of BCL Old Co Ltd & Ors v. BASF...
Birmingham City Council v. Abdulla & Ors: Clarifying Judicial Discretion in Equal Pay Claims

Birmingham City Council v. Abdulla & Ors: Clarifying Judicial Discretion in Equal Pay Claims

Date: Oct 25, 2012
Birmingham City Council v. Abdulla & Ors: Clarifying Judicial Discretion in Equal Pay Claims Introduction In the landmark case of Birmingham City Council v. Abdulla & Ors ([2013] 1 All ER 649), the...
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