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  • Commentaries

United Kingdom Case Commentaries

Distinct Legal Status of State-Owned Corporations: Insights from La Generale des Carrières et des Mines v. Hemisphere Associates LLC

Distinct Legal Status of State-Owned Corporations: Insights from La Generale des Carrières et des Mines v. Hemisphere Associates LLC

Date: Jul 18, 2012
Distinct Legal Status of State-Owned Corporations: Insights from La Generale des Carrières et des Mines v. Hemisphere Associates LLC Introduction The case of La Generale des Carrières et des Mines v....
Upper Tribunal Establishes New Precedent on Deferment Rate Adjustments in Leasehold Enfranchisement: City & Country Properties Ltd v Yeates

Upper Tribunal Establishes New Precedent on Deferment Rate Adjustments in Leasehold Enfranchisement: City & Country Properties Ltd v Yeates

Date: Jul 18, 2012
Upper Tribunal Establishes New Precedent on Deferment Rate Adjustments in Leasehold Enfranchisement: City & Country Properties Ltd v Yeates Introduction In the case of City & Country Properties Ltd...
Clarifying 'Banker's Profits' in Gaming Duty: Aspinalls Club Ltd v HMRC

Clarifying 'Banker's Profits' in Gaming Duty: Aspinalls Club Ltd v HMRC

Date: Jul 17, 2012
Clarifying 'Banker's Profits' in Gaming Duty: Aspinalls Club Ltd v HMRC Introduction The case of Aspinalls Club Ltd v. HMRC ([2012] UKUT 242 (TCC)) addresses pivotal issues concerning the calculation...
Sloane Robinson v. Revenue & Customs: Taxation of Share-Based Employee Bonuses

Sloane Robinson v. Revenue & Customs: Taxation of Share-Based Employee Bonuses

Date: Jul 17, 2012
Sloane Robinson Investment Services Ltd v. Revenue & Customs: Taxation of Share-Based Employee Bonuses Introduction The case of Sloane Robinson Investment Services Ltd v. Revenue & Customs ([2012]...
Validity of Family Permits and Continuance as Extended Family Members: Ewulo Case Commentary

Validity of Family Permits and Continuance as Extended Family Members: Ewulo Case Commentary

Date: Jul 14, 2012
Validity of Family Permits and Continuance as Extended Family Members: Ewulo Case Commentary Introduction The case of Ewulo (effect of family permit – OFM) Nigeria ([2012] UKUT 238 (IAC)) addresses...
Estoppel by Representation in Pension Fund Management: Privy Council’s Ruling in Kelly & Ors v Fraser (Jamaicas)

Estoppel by Representation in Pension Fund Management: Privy Council’s Ruling in Kelly & Ors v Fraser (Jamaicas)

Date: Jul 13, 2012
Estoppel by Representation in Pension Fund Management: Privy Council’s Ruling in Kelly & Ors v Fraser (Jamaicas) Introduction The case of Kelly & Ors v Fraser (Jamaicas) ([2012] ICR 1408) was...
Reassessing Business Viability under Paragraph 21 HC 510: The Upper Tribunal's Akinci Decision

Reassessing Business Viability under Paragraph 21 HC 510: The Upper Tribunal's Akinci Decision

Date: Jul 13, 2012
Reassessing Business Viability under Paragraph 21 HC 510: The Upper Tribunal's Akinci Decision Introduction The Akinci judgment marks a significant development in the interpretation and application...
Ensuring Accurate Assessments of Limited Capability for Work: Insights from PD v. Secretary of State for Work and Pensions

Ensuring Accurate Assessments of Limited Capability for Work: Insights from PD v. Secretary of State for Work and Pensions

Date: Jul 13, 2012
Ensuring Accurate Assessments of Limited Capability for Work: Insights from PD v. Secretary of State for Work and Pensions Introduction The case PD v. Secretary of State for Work and Pensions [2012]...
G Hamilton v The Highland Council: Establishing Boundaries in the Review of Old Mineral Planning Permissions

G Hamilton v The Highland Council: Establishing Boundaries in the Review of Old Mineral Planning Permissions

Date: Jul 12, 2012
G Hamilton v The Highland Council: Establishing Boundaries in the Review of Old Mineral Planning Permissions Introduction The case of G Hamilton (Tullochgribban Mains) Ltd v. The Highland Council &...
ANS & Anor v. ML [2012] UKSC 30: Affirming the Necessity Test for Dispensing with Parental Consent in Scottish Adoption Law

ANS & Anor v. ML [2012] UKSC 30: Affirming the Necessity Test for Dispensing with Parental Consent in Scottish Adoption Law

Date: Jul 12, 2012
ANS & Anor v. ML [2012] UKSC 30: Affirming the Necessity Test for Dispensing with Parental Consent in Scottish Adoption Law Introduction The case of ANS & Anor v. ML [2012] UKSC 30 addresses a...
Reaffirming Public Hearings in Tax Appeals: The Landmark Judgment in Mr A v. Revenue & Customs

Reaffirming Public Hearings in Tax Appeals: The Landmark Judgment in Mr A v. Revenue & Customs

Date: Jul 11, 2012
Reaffirming Public Hearings in Tax Appeals: The Landmark Judgment in Mr A v. Revenue & Customs Introduction Mr A v. Revenue & Customs ([2012] SFTD 1257) is a pivotal case adjudicated by the...
Tribunal Upholds Limits on Setting Aside Directions: Insights from DDR Distributions Ltd v Revenue & Customs

Tribunal Upholds Limits on Setting Aside Directions: Insights from DDR Distributions Ltd v Revenue & Customs

Date: Jul 10, 2012
Tribunal Upholds Limits on Setting Aside Directions: Insights from DDR Distributions Ltd v Revenue & Customs Introduction The case of DDR Distributions Ltd v. Revenue & Customs ([2012] UKFTT 443...
Exemplary Damages Awarded in 2 Travel Group PLC v Cardiff City Transport Services Ltd: A New Precedent in Competition Law

Exemplary Damages Awarded in 2 Travel Group PLC v Cardiff City Transport Services Ltd: A New Precedent in Competition Law

Date: Jul 6, 2012
Exemplary Damages Awarded in 2 Travel Group PLC v Cardiff City Transport Services Ltd: A New Precedent in Competition Law Introduction The case of 2 Travel Group PLC (in liquidation) v Cardiff City...
Residence Orders Do Not Bind Secretary of State: Insights from Nimako-Boateng [2012] UKUT 216 (IAC)

Residence Orders Do Not Bind Secretary of State: Insights from Nimako-Boateng [2012] UKUT 216 (IAC)

Date: Jul 5, 2012
Residence Orders Do Not Bind Secretary of State: Insights from Nimako-Boateng [2012] UKUT 216 (IAC) Introduction The Upper Tribunal (Immigration and Asylum Chamber) delivered a pivotal judgment in...
Balancing Deportation and Child's Best Interests: Insights from RS v Secretary of State [2012] UKUT 218 (IAC)

Balancing Deportation and Child's Best Interests: Insights from RS v Secretary of State [2012] UKUT 218 (IAC)

Date: Jul 5, 2012
Balancing Deportation and Child's Best Interests: Insights from RS v Secretary of State [2012] UKUT 218 (IAC) Introduction The case of RS (Immigration and Family Court Proceedings) India [2012] UKUT...
Substantial Risk to Health in ESA Assessments: Insights from MB v. Secretary of State for Work and Pensions

Substantial Risk to Health in ESA Assessments: Insights from MB v. Secretary of State for Work and Pensions

Date: Jul 4, 2012
Substantial Risk to Health in ESA Assessments: Insights from MB v. Secretary of State for Work and Pensions Introduction The case of MB v. Secretary of State for Work and Pensions (ESA) ([2012] UKUT...
Cravecrest Ltd v. Duke of Westminster & Ors: Establishing the Inclusion of Development Value in Leasehold Enfranchisement Valuations

Cravecrest Ltd v. Duke of Westminster & Ors: Establishing the Inclusion of Development Value in Leasehold Enfranchisement Valuations

Date: Jun 29, 2012
Cravecrest Ltd v. Duke of Westminster & Ors: Establishing the Inclusion of Development Value in Leasehold Enfranchisement Valuations Introduction The case of Cravecrest Ltd v. Duke of Westminster &...
Supreme Court Upholds Trade Mark Right to Control First Marketing in EEA – Oracle v. M-Tech

Supreme Court Upholds Trade Mark Right to Control First Marketing in EEA – Oracle v. M-Tech

Date: Jun 28, 2012
Supreme Court Upholds Trade Mark Right to Control First Marketing in EEA – Oracle v. M-Tech Introduction The case of Oracle America Inc (Formerly Sun Microsystems Inc) v. M-Tech Data Ltd ([2012] UKSC...
Establishing Appeal Rights Against Refusals to Review in Service Pension Disablement Assessments

Establishing Appeal Rights Against Refusals to Review in Service Pension Disablement Assessments

Date: Jun 28, 2012
Establishing Appeal Rights Against Refusals to Review in Service Pension Disablement Assessments Introduction The case of Secretary of State for Defence v. RC ([2012] UKUT 229 (AAC)) represents a...
Expansion of Courts' Power to Strike Out Claims for Abuse of Process Post-Trial: Insights from Fairclough Homes Ltd v. Summers

Expansion of Courts' Power to Strike Out Claims for Abuse of Process Post-Trial: Insights from Fairclough Homes Ltd v. Summers

Date: Jun 28, 2012
Expansion of Courts' Power to Strike Out Claims for Abuse of Process Post-Trial: Insights from Fairclough Homes Ltd v. Summers Introduction In the landmark case of Fairclough Homes Ltd v. Summers...
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