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  • Commentaries

United Kingdom Case Commentaries

Exceptional Circumstances under Article 3: Analysis of GS and EO (Article 3 - Health Cases) India Judgment

Exceptional Circumstances under Article 3: Analysis of GS and EO (Article 3 - Health Cases) India Judgment

Date: Oct 25, 2012
Exceptional Circumstances under Article 3: Analysis of GS and EO (Article 3 - Health Cases) India Judgment Introduction The Upper Tribunal (Immigration and Asylum Chamber) in the United Kingdom...
Reinforcing the Dicey Rule: Enforcement of Foreign Insolvency Judgments in Rubin & Anor v. Eurofinance SA & Ors ([2013] BCC 1)

Reinforcing the Dicey Rule: Enforcement of Foreign Insolvency Judgments in Rubin & Anor v. Eurofinance SA & Ors ([2013] BCC 1)

Date: Oct 25, 2012
Reinforcing the Dicey Rule: Enforcement of Foreign Insolvency Judgments in Rubin & Anor v. Eurofinance SA & Ors ([2013] BCC 1) Introduction The case of Rubin & Anor v. Eurofinance SA & Ors ([2013]...
Res Judicata and Immigration Appeals: Key Insights from Mubu and Others [2012] UKUT 398 (IAC)

Res Judicata and Immigration Appeals: Key Insights from Mubu and Others [2012] UKUT 398 (IAC)

Date: Oct 25, 2012
Res Judicata and Immigration Appeals: Key Insights from Mubu and Others [2012] UKUT 398 (IAC) Introduction The case of Mubu and Others v. Secretary of State for the Home Department ([2012] UKUT 398...
Upholding Statutory Limits on Tribunal Jurisdiction in Late Submission Penalties: HMRC v. HOK Ltd

Upholding Statutory Limits on Tribunal Jurisdiction in Late Submission Penalties: HMRC v. HOK Ltd

Date: Oct 24, 2012
Upholding Statutory Limits on Tribunal Jurisdiction in Late Submission Penalties: HMRC v. HOK Ltd Introduction The case of HMRC v. HOK Ltd - FTC/81/2011 ([2013] STC 225) adjudicated by the Upper...
Clarifying the Primary Purpose Test for VAT Exemptions: HMRC v European Tour Operators' Association [2012]

Clarifying the Primary Purpose Test for VAT Exemptions: HMRC v European Tour Operators' Association [2012]

Date: Oct 24, 2012
Clarifying the Primary Purpose Test for VAT Exemptions: HMRC v European Tour Operators' Association [2012] Introduction The case of HMRC v. European Tour Operators' Association FTC/36/2011 ([2012]...
Revisiting Reasonableness of Management Charges: Wales And West Housing Association Ltd v. Paine [2012] UKUT 372 (LC)

Revisiting Reasonableness of Management Charges: Wales And West Housing Association Ltd v. Paine [2012] UKUT 372 (LC)

Date: Oct 23, 2012
Revisiting Reasonableness of Management Charges: Wales And West Housing Association Ltd v. Paine [2012] UKUT 372 (LC) Introduction The case of Wales And West Housing Association Ltd v. Paine ([2012]...
Construction of 'Development' Term in Landlord and Tenant Service Charges: Redrow Regeneration (Barking) Ltd & Anor v. Edwards & Ors

Construction of 'Development' Term in Landlord and Tenant Service Charges: Redrow Regeneration (Barking) Ltd & Anor v. Edwards & Ors

Date: Oct 23, 2012
Construction of 'Development' Term in Landlord and Tenant Service Charges: Redrow Regeneration (Barking) Ltd & Anor v. Edwards & Ors Introduction The case of Redrow Regeneration (Barking) Ltd & Anor...
Upper Tribunal Confirms Section 85A Restrictions on Section 120 Statements in PBS Cases

Upper Tribunal Confirms Section 85A Restrictions on Section 120 Statements in PBS Cases

Date: Oct 20, 2012
Upper Tribunal Confirms Section 85A Restrictions on Section 120 Statements in PBS Cases Introduction The case of Mansoor Ali v. The Secretary of State for the Home Department ([2012] UKUT 368 (IAC))...
Explaining the Ramsay Principle in Tax Avoidance: The Case of Explainaway Ltd and Associates v. HMRC

Explaining the Ramsay Principle in Tax Avoidance: The Case of Explainaway Ltd and Associates v. HMRC

Date: Oct 20, 2012
Explaining the Ramsay Principle in Tax Avoidance: The Case of Explainaway Ltd and Associates v. HMRC Introduction The case of Explainaway Ltd, Quartfed Ltd, Parastream Limited v. HMRC FTC/72 &...
Establishing 'Good Repute' for Operator's Licence under Regulation 1071/2009: An Analysis of Formby v Upper Tribunal [2012] UKUT 369 (AAC)

Establishing 'Good Repute' for Operator's Licence under Regulation 1071/2009: An Analysis of Formby v Upper Tribunal [2012] UKUT 369 (AAC)

Date: Oct 18, 2012
Establishing 'Good Repute' for Operator's Licence under Regulation 1071/2009: An Analysis of Formby v Upper Tribunal [2012] UKUT 369 (AAC) Introduction The case of MARTIN JOSEPH FORMBY t/a G & G...
Walton v. The Scottish Ministers: Clarifying Standing and SEA Directive Application in Road Network Schemes

Walton v. The Scottish Ministers: Clarifying Standing and SEA Directive Application in Road Network Schemes

Date: Oct 18, 2012
Walton v. The Scottish Ministers: Clarifying Standing and SEA Directive Application in Road Network Schemes Introduction In the landmark case of Walton v. The Scottish Ministers (Scotland) (Rev 1)...
Clarifying the Scope of 'Paid Annual Leave' under Aviation Regulations: British Airways v Williams

Clarifying the Scope of 'Paid Annual Leave' under Aviation Regulations: British Airways v Williams

Date: Oct 18, 2012
Clarifying the Scope of 'Paid Annual Leave' under Aviation Regulations: British Airways v Williams Introduction British Airways plc v. Williams & Ors ([2012] WLR(D) 277) is a landmark judgment...
Enhancing Particularity in Fraud Allegations within MTIC Cases: Commentary on JDI Trading Ltd v Revenue & Customs [2012] UKFTT 642

Enhancing Particularity in Fraud Allegations within MTIC Cases: Commentary on JDI Trading Ltd v Revenue & Customs [2012] UKFTT 642

Date: Oct 17, 2012
Enhancing Particularity in Fraud Allegations within MTIC Cases: Commentary on JDI Trading Ltd v Revenue & Customs [2012] UKFTT 642 (TC) Introduction The case of JDI Trading Ltd v Revenue & Customs...
EH (Blood Feuds) Albania CG: Establishing Robust Criteria for Asylum Claims Involving Blood Feuds

EH (Blood Feuds) Albania CG: Establishing Robust Criteria for Asylum Claims Involving Blood Feuds

Date: Oct 16, 2012
EH (Blood Feuds) Albania CG: Establishing Robust Criteria for Asylum Claims Involving Blood Feuds Introduction The case of EH (Blood Feuds) Albania CG ([2012] UKUT 348 (IAC)) presents a nuanced...
Establishing Criteria for Higher Rate Mobility Component of Disability Living Allowance: Insights from AH v. Secretary of State for Work and Pensions (DLA) [2012]

Establishing Criteria for Higher Rate Mobility Component of Disability Living Allowance: Insights from AH v. Secretary of State for Work and Pensions (DLA) [2012]

Date: Oct 13, 2012
Establishing Criteria for Higher Rate Mobility Component of Disability Living Allowance: Insights from AH v. Secretary of State for Work and Pensions (DLA) [2012] Introduction The case of AH v....
Wincanton Group Plc v. Stone & Anor: Redefining the Reasonableness of Dismissal in Unfair Dismissal Cases

Wincanton Group Plc v. Stone & Anor: Redefining the Reasonableness of Dismissal in Unfair Dismissal Cases

Date: Oct 12, 2012
Wincanton Group Plc v. Stone & Anor: Redefining the Reasonableness of Dismissal in Unfair Dismissal Cases Introduction The case of Wincanton Group Plc v. Stone & Anor (Unfair Dismissal:...
Crown Court's Authority to Impose Confiscation Orders Following Discharges: An Analysis of Varma, R v ([2013] 1 AC 463)

Crown Court's Authority to Impose Confiscation Orders Following Discharges: An Analysis of Varma, R v ([2013] 1 AC 463)

Date: Oct 11, 2012
Crown Court's Authority to Impose Confiscation Orders Following Discharges: An Analysis of Varma, R v ([2013] 1 AC 463) Introduction In Varma, R v ([2013] 1 AC 463), the United Kingdom Supreme Court...
Hosebay Ltd v. UK Supreme Court: Redefining "House" under the Leasehold Reform Act 1967

Hosebay Ltd v. UK Supreme Court: Redefining "House" under the Leasehold Reform Act 1967

Date: Oct 11, 2012
Hosebay Ltd v. UK Supreme Court: Redefining "House" under the Leasehold Reform Act 1967 1. Introduction The case of Day & Anor v. Hosebay Ltd ([2012] UKSC 41) marks a significant judicial examination...
Reaffirming Allocation Discretion Under Rule 23: The Dreams plc v. Revenue & Customs Decision

Reaffirming Allocation Discretion Under Rule 23: The Dreams plc v. Revenue & Customs Decision

Date: Oct 10, 2012
Reaffirming Allocation Discretion Under Rule 23: The Dreams plc v. Revenue & Customs Decision Introduction The case of Dreams plc v. Revenue & Customs ([2013] SFTD 111) adjudicated by Judge Colin...
Nottingham City Transport Ltd v. Harvey: Establishing Standards for Reasonable Adjustments under Disability Discrimination Law

Nottingham City Transport Ltd v. Harvey: Establishing Standards for Reasonable Adjustments under Disability Discrimination Law

Date: Oct 6, 2012
Nottingham City Transport Ltd v. Harvey: Establishing Standards for Reasonable Adjustments under Disability Discrimination Law Introduction The case of Nottingham City Transport Ltd v. Harvey ([2013]...
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