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Immigration law [2025] UKAITUR UI2025001952

UI2025001952

UI2025001952 [2025] UKAITUR UI2025001952 (28 October 2025)

Upper Tribunal upheld dismissal of a Bangladeshi protection appeal, finding no material error in treating pending criminal proceedings as prosecution rather than persecution.

  • Persecution vs prosecution
  • Politically motivated charges
  • Article 8 echr
  • Very significant obstacles to integration
  • Change of regime
  • Fair trial rights
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Tax law [2025] UKFTT 1064

McMahon v Revenue and Customs (INCOME TAX - application to bar HMRC - fair trial issue raised in the application as a ground of appeal)

McMahon v Revenue and Customs (INCOME TAX - application to bar HMRC - fair trial issue raised in the application as a ground of appeal) [2025] UKFTT 1064 (TC) (28 August 2025)

The tribunal rejected Sean McMahon’s application to bar HMRC, holding HMRC had a realistic prospect of success. The fair trial point was not properly pleaded.

  • Discovery assessments
  • Contractor loan schemes
  • Fair trial rights
  • Article 6 echr
  • Strike out applications
  • Tribunal procedure
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Tax law [2025] UKFTT 1064 (TC)

McMahon v Revenue and Customs (INCOME TAX - application to bar HMRC - fair trial issue raised in the application as a ground of appeal)

McMahon v Revenue and Customs (INCOME TAX - application to bar HMRC - fair trial issue raised in the application as a ground of appeal) [2025] UKFTT 1064 (TC) (28 August 2025)

The First-tier Tribunal refused to bar HMRC from an income tax appeal, holding that HMRC had a realistic prospect of success and the issues required a full hearing.

  • Discovery assessments
  • Contractor loan schemes
  • Fair trial rights
  • Strike out applications
  • Article 6 echr
  • Tribunal procedure
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Employment law [2024] EAT 195

Kaler v Insights ESC Ltd (PRACTICE AND PROCEDURE - POSTPONEMENT - DISABILITY DISCRIMINATION)

Kaler v Insights ESC Ltd (PRACTICE AND PROCEDURE - POSTPONEMENT - DISABILITY DISCRIMINATION) [2024] EAT 195 (12 December 2024)

The EAT upheld the tribunal’s refusal to postpone a hearing and rejected most disability discrimination grounds, while finding constructive notice of ASD.

  • Disability discrimination
  • Reasonable adjustments
  • Postponement of hearings
  • Fair trial rights
  • Employment-law
  • Disability-discrimination
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Immigration law [2024] UKAITUR UI2024001078

UI2024001078

UI2024001078 [2024] UKAITUR UI2024001078 (25 September 2024)

The Upper Tribunal upheld an immigration appeal, finding no error of law in the First-tier Tribunal’s reliance on Article 6 ECHR and the risk of a flagrant denial of justice.

  • Deportation
  • Article 6 echr
  • Fair trial rights
  • Conviction in absentia
  • Burden of proof
  • Extradition
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Employment law [2024] EAT 118

Bennett v London Borough of Islington (PRACTICE AND PROCEDURE - Postponement)

Bennett v London Borough of Islington (PRACTICE AND PROCEDURE - Postponement) [2024] EAT 118 (19 July 2024)

The EAT allowed an appeal against refusal to postpone a merits hearing after the claimant lost her representative, holding the tribunal failed to assess her ability to self-represent.

  • Postponement of hearings
  • Fair trial rights
  • Case management discretion
  • Disability accommodations
  • Representation withdrawal
  • Postponement-of-hearings
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Criminal law [2024] UKPC 21

Director of Public Prosecutions (Appellant) v Chris Durham also called Bouye (deceased) and 2 others (Respondents) (Trinidad and Tobago)

The Privy Council held that judicial review should not have been granted to stop the prosecution, because the criminal trial itself offered adequate remedies.

  • Judicial review of prosecutorial discretion
  • Abuse of process
  • Alternative remedies
  • Prosecutorial duties
  • Fair trial rights
  • Judicial-review-of-prosecutorial-discretion
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Employment law [2022] EAT 74

Millicom Service UK Ltd & Ors v Clifford (Practice and procedure)

Millicom Service UK Ltd & Ors v Clifford (Practice and procedure) [2022] EAT 74 (11 May 2022)

EAT allowed an appeal in part over a Rule 50 application, holding the tribunal had failed to balance open justice against confidentiality and fair-trial concerns.

  • Open justice
  • Confidentiality
  • Protected disclosure
  • Disability discrimination
  • Fair trial rights
  • Echr territorial scope
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Criminal law [2018] UKPC 30

Davis (Appellant) v The Queen (Respondent) (Bahamas)

Privy Council appeal on murder convictions from the Bahamas addressing identification evidence, hearsay, a ballistics report, fresh evidence, and retrial.

  • Identification evidence
  • Hearsay
  • Dock identification
  • Fair trial rights
  • Admissibility of depositions
  • Fresh evidence on appeal
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Criminal law [2018] UKPC 30

The Queen (Appellant) v Evans (Respondent) (Bahamas)

Privy Council appeal from the Bahamas on identification, hearsay, and ballistics evidence in a murder case; appeals by Stubbs and Davis were dismissed.

  • Identification evidence
  • Dock identification
  • Hearsay
  • Admissibility of depositions
  • Fair trial rights
  • Ballistics evidence
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United Kingdom decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.