This week on the podcast we cover one case about when prisoners can be recalled to jail and another about the application of tax law in the Channel Islands. https://uklawweekly.substack.com/subscribe Music from bensound.com

A Russian divorce case finds its way into the English courts as the former wife of an oligarch seeks a financial remedy https://uklawweekly.substack.com/subscribe Music from bensound.com

A pirate attack in the Gulf of Aden is background for our case this week as the Supreme Court is asked whether the owner of the goods being shipped should be responsible for ransom payments. https://uklawweekly.substack.com/subscribe Music from bensound.com

Three examples of medical negligence led to claimants arguing that they should be compensated for having to witness the preventable death of a family member. https://uklawweekly.substack.com/subscribe Music from bensound.com

This week on the podcast we cover three cases relating to private international law, trusts, and the tort of negligence. https://uklawweekly.substack.com/subscribe Music from bensound.com

In this double episode we cover a case about someone who got sick on holiday and then think about whether an AI should be considered to be an inventor. https://uklawweekly.substack.com/subscribe Music from bensound.com

**Newcomer injunctions are controversial because they enforce rights over land against people who are unnamed and have not yet committed any sort of breach. In this case, a group representing Gypsies and Travellers challenged the ability of courts to grant such injunctions. We also discuss how this decision might impact the rights of protestors.** [**https://uklawweekly.substack.com/subscribe**](https://uklawweekly.substack.com/subscribe) **Music from bensound.com**

Two immigration cases required the Supreme Court to wade through the Immigration Rules. Asad A. Khan’s piece on this decision: https://asadakhan.wordpress.com/2023/12/04/supreme-court-dismisses-long-residence-appeals/ Subscribe to my newsletter: https://uklawweekly.substack.com/subscribe Music from bensound.com

Under what circumstances should a local authority be forced to comply with a legal duty to house someone who is disabled and homeless? https://uklawweekly.substack.com/subscribe Music from bensound.com

In this week's episode a tax case looks at what happens when assets are transferred abroad. https://uklawweekly.substack.com/subscribe Music from benesound.com

A number of Deliveroo drivers wanted to be represented by a union for collective bargaining purposes. That request was rejected because they were held not to be in an employment relationship. Now the question proceeds to the Supreme Court. https://uklawweekly.substack.com/subscribe Music from bensound.com

The Rwanda decision from the Supreme Court has the chance to affect government policy, create a schism within the Conservative Party and even influence campaigning ahead of the next general election. https://uklawweekly.substack.com/subscribe Music from bensound.com

Another PPI claim raises questions about the way that limitation periods operate. https://uklawweekly.substack.com/subscribe Music from bensound.com

The Danish tax authorities tried to recover refunds that, they allege, were obtained fraudulently. Should their claim be allowed to proceed in the English and Welsh courts? https://uklawweekly.substack.com/subscribe Music from bensound.com

How should a court react when it is presented with a European Arrest Warrant but there are concerns that the conviction is unsafe? https://uklawweekly.substack.com/subscribe Music from bensound.com

Should administrators be subject to the same duties as managers when it comes to making redundancies in a company facing administration? The Supreme Court was asked to make a decision. https://uklawweekly.substack.com/subscribe Music from bensound.com

A recent tax case prompts examination of when a share option exists in an employment situation. https://uklawweekly.substack.com/subscribe Music from bensound.com

Concerns about the investigation of a death during the Troubles in Northern Ireland allow the Supreme Court to consider the historic effect of the Human Rights Act. https://uklawweekly.substack.com/subscribe Music from bensound.com

A case about exemptions from paying VAT forced the Supreme Court to consider what constitutes a financial service. https://uklawweekly.substack.com/subscribe Music from bensound.com

The aftershock from the PPI scandal that engulfed banks almost 20 years ago are still being felt. In this case two claimants queried the deadline for claims. https://uklawweekly.substack.com/subscribe Music from bensound.com

A dispute over pay required a fresh look at EU law. https://uklawweekly.substack.com/subscribe Music from bensound.com

A serious allegation of bribery on an international scale is the background to this case. The decision of the Supreme Court could decide whether the case goes ahead in open court or behind closed doors. https://uklawweekly.substack.com/subscribe Music from bensound.com

A dispute arose between two local authorities about who should provide after-care services for a patient who had moved between detentions under the Mental Health Act 1983. https://uklawweekly.substack.com/subscribe Music from bensound.com

Compulsory purchases of land are governed by the Land Compensation Act 1961. In this episode we discuss whether that legislation is still fit for purpose and the reforms that have been proposed https://uklawweekly.substack.com/subscribe Music from bensound.com

This case asks about the circumstances when someone can bring a case against a decision made by a trustee in bankruptcy. In the episode we also discuss what policy factors play a role when the court decides who does and does not have standing. https://uklawweekly.substack.com/subscribe Music from bensound.com

A competition law case could shape the future of how litigation is funded. https://uklawweekly.substack.com/subscribe Music from bensound.com

An injunction against a Birmingham gang member raises questions about the right to a fair trial and the standard of proof that an applicant must satisfy. http://uklawweekly.substack.com/subscribe Music from bensound.com

If Mr McCulloch had been given Ibuprofen he might still be with us today but his chest pain had gone and the echocardiogram showed no sign of inflammation around the heart. In this episode we discuss whether his doctor should be considered negligent in these circumstances. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a couple were defrauded of £700,000 they claimed that their bank owed them a duty. In this episode we explore this within the context of the so-called Quincecare duty that banks owe to their customers and how the law has developed to deal with cases of fraud. https://uklawweekly.substack.com/subscribe Music from bensound.com

When an armed police officer shot and killed a man the investigation by the Independent Office for Police Conduct recommended that the objective civil law test be applied. The Metropolitan Police Service disagreed and thus began this case about the standard we expect from the police in public life. https://uklawweekly.substack.com/subscribe Music from bensound.com

A Palestinian refugee was unable to come to the UK because she was registered with the wrong UN agency. As part of her judicial review claim the court considered the extraterritorial effect of the Equality Act. https://uklawweekly.substack.com/subscribe Music from bensound.com

Following a divorce, a wife applied for financial relief but the husband died before a final determination. In this case the Supreme Court asks whether the claim can still be pursued against the estate or whether the law only grants personal rights against the individual. https://uklawweekly.substack.com/subscribe Music from bensound.com

Questions were asked about a scheme to get golden visas after it appeared the money was being funnelled to Russia. https://uklawweekly.substack.com/subscribe Music from bensound.com

A tragic death raises questions about the state's duty to protect those who are vulnerable. https://uklawweekly.substack.com/subscribe Music from bensound.com

Under what circumstances should the Supreme Court change their mind about a previous decision? https://uklawweekly.substack.com/subscribe Music from bensound.com

An exclusive gym seeks to benefit from its charitable status through an 80% reduction in business rates. https://uklawweekly.substack.com/subscribe Music from bensound.com

A tax case about what exactly tunnels and aqueducts are offers an opportunity to discuss what a modern approach to statutory interpretation should look like https://uklawweekly.substack.com/subscribe Music from bensound.com

Nigerian citizens brought a claim against Shell following an oil spill off the coast of their country. In this episode the Supreme Court considered whether this was a continuing nuisance for the purposes of tort law and discuss what effect this has on the time limits for bringing a claim. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a woman was attacked by an elder of the Barry Congregation of Jehovah's Witnesses, she attempted to sue the church for damages. https://uklawweekly.substack.com/subscribe Music from bensound.com

Should the government be allowed to change the custodial part of a sentence after the fact? That is the question before the Supreme Court this week in a case from Northern Ireland. https://uklawweekly.substack.com/subscribe Music from bensound.com

When it comes to thinking about whether a prisoner should be released early, how should the Parole Board deal with allegations that have not been proven in a court of law? In this episode we discuss how the Supreme Court clarified the role of the Board and why this decision was then used a precedent in another case only hours later. https://uklawweekly.substack.com/subscribe Music from bensound.com

In this tax case the legislation created a paradox for the Supreme Court to unravel. https://uklawweekly.substack.com/subscribe Music from bensound.com

The Russia-Ukraine conflict makes its way to the Supreme Court as Russia demands repayment of a debt that is owed. https://uklawweekly.substack.com/subscribe Music from bensound.com

When Ofcom proposed to licence a piece of telecommunications equipment, the Home Secretary stepped in because of national security concerns. A judicial review challenged that decision by the Secretary of State on the basis that Ofcom have a statutory duty to make the regulations. https://uklawweekly.substack.com/subscribe Music from bensound.com

Rent Repayment Orders can be used to force landlords to pay back an amount of rent when certain housing offences have been committed. In this case the Supreme Court is asked whether such an order can be made against a landlord's landlord (aka a superior landlord). https://uklawweekly.substack.com/subscribe Music from bensound.com

When Shropshire Council failed to consult over the sale of land held under a public trust, local residents commenced judicial review proceedings. More about the campaign: https://www.bbc.co.uk/news/uk-england-shropshire-64811541 Easements video: https://youtu.be/Uy1251WRmnQ https://uklawweekly.substack.com/subscribe

In this tax case, the Supreme Court considered whether digital editions of newspapers should be should be rated in the same way as print editions for the purposes of VAT. https://uklawweekly.substack.com/subscribe Music from bensound.com

What rights do landlords have to vary service charges? https://uklawweekly.substack.com/subscribe Music from bensound.com

This week the Northern Ireland Protocol found its way before the Supreme Court where its legal status was debated. https://uklawweekly.substack.com/subscribe Music from bensound.com

In 2016 the Tate opened up a viewing platform that proved an amazing vantage point for seeing the London skyline. Unfortunately it was also the perfect place to look directly into some nearby flats. As more and more tourists peered into the flats, took photos, and posted them on social media, the residents brought this claim based on the tort of nuisance. https://uklawweekly.substack.com/subscribe Music from bensound.com

A claimant was guaranteed a fee if a property sold for at least £6.5 million. When it was eventually sold for £6 million the courts were asked to step in so that the claimant at least got a reasonable fee for their efforts. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a dispute arose about the service charge payable on a commercial lease, the Supreme Court was asked to provide an interpretation that was legally sound and also made commercial sense. https://uklawweekly.substack.com/subscribe Music from bensound.com

Under Scottish law a disabled person can receive a discount on services that a local authority provides for them based on their means. In this case a claimant argues under the Equality Act that those deductions do not go far enough. https://uklawweekly.substack.com/subscribe Music from bensound.com

After their client entered into liquidation, a firm of solicitors attempted to recover their fee via an equitable lien. https://uklawweekly.substack.com/subscribe Music from bensound.com Additional music from Vuducru.

As one of the biggest Ponzi schemes collapsed, some of the decisions about who should be compensated earned a closer look from the Supreme Court. https://uklawweekly.substack.com/subscribe Music from bensound.com

What sort of conditions can a local authority impose on a landowner who is looking to develop a piece of land? https://uklawweekly.substack.com/subscribe Music from bensound.com

We explore the recent decision by the High Court which declared the Rwanda asylum plan to be legal. https://uklawweekly.substack.com/subscribe Music from bensound.com

Is a Northern Ireland Bill that restricts protests outside of abortion clinics incompatible with the right to protest? In this episode we talk about the legislative competence of the Northern Ireland Assembly and also discuss this judgment in the light of other recent decisions about protests. https://uklawweekly.substack.com/subscribe Music from bensound.com

The Supreme Court considers the argument for a Scottish independence referendum being held without the consent of the UK government. https://uklawweekly.substack.com/subscribe Music from bensound.com

How long should planning permission be good for? This week in the podcast we go way back and look at proposals from 1967. https://uklawweekly.substack.com/subscribe Music from bensound.com

A tragic injury suffered at birth is the basis for this case as we examine the status of English law and whether it should override the law in Germany. https://uklawweekly.substack.com/subscribe Music from bensound.com

A question about a historic VAT claim leads the Supreme Court to ponder the principle of effectiveness in EU law. https://uklawweekly.substack.com/subscribe Music from bensound.com

A family dispute over the inheritance of a farm makes its way to the Supreme Court. What remedies should be available to a son who was disinherited after providing the family with cheap labour for most of his life. Two very different approaches are considered. https://uklawweekly.substack.com/subscribe Music from bensound.com

This case looks at the payment of VAT and how HMRC can intervene in a self-assessment. We also discuss the power of HMRC relative to taxpayers and what this means in terms of achieving justice in the tax system. https://uklawweekly.substack.com/subscribe Music from bensound.com

At what point is a company deemed to be probably heading towards insolvency? That question is important because it affects how much consideration directors should give to the company's creditors. Listen to this episode to find out how the Supreme Court struck a balance. https://uklawweekly.substack.com/subscribe Music from bensound.com

Political protests continue to dominate the headlines as the courts try to get the balance right between prosecuting offences and upholding freedom of expression. This week we ask whether the Attorney General was right to make a reference in respect of the Colston Four. https://uklawweekly.substack.com/subscribe Music from bensound.com

15 years ago Maddie McCann went missing in Portugal. Now they face the former police inspector in the European Court of Human Rights. Subscribe: http://uklawweekly.substack.com/subscribe Music from bensound.com

A man finds out the consequences of lying on his CV. https://uklawweekly.substack.com/subscribe Music from bensound.com

A financial investment adviser who is due to go on trial for fraud asked the court to adjust a restraint order that froze his assets so that he could pay legal expenses in relation to civil proceedings brought by investors. The question for the Supreme Court was whether the order could be varied or if the civil proceedings related to the offence. https://uklawweekly.substack.com/subscribe Music from bensound.com

What are the tests that should be used by judges when deciding whether or not to deport foreign criminals and what factors should be taken into account? In this episode the Supreme reviews case law from recent years to provide an answer and we consider how the law might change in this area under a new prime minister. Link to Asad Khan's blog post: https://asadakhan.wordpress.com/2022/07/24/ko-nigeria-judgment-does-not-set-out-a-notional-comparator-baseline-test/ https://uklawweekly.substack.com/subscribe Music from bensound.com

In this case the Supreme Court was asked to consider two different methods of working out holiday pay. One was more favourable to workers while the other was closer to the method found in EU case law. This episode also discusses the implication of the decision across a number of sectors. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a Filipino woman allegedly worked in conditions of modern slavery for a Saudi diplomat she brought a case against him in the employment tribunal. Should the diplomat be allowed to rely on his diplomatic immunity to avoid the suit? The Supreme Court provides an answer. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a hip replacement went wrong, the appellant in this case decided to sue the manufacturer. In this episode we look at consumer protection law and discuss the appropriate burden of proof https://uklawweekly.substack.com/subscribe Music from bensound.com

Legal cases are all about the interpretation of words but what are courts to do when those words only have vague and amorphous meaning? In this telecommunications case the Supreme Court discuss the meaning of the word 'occupier'. https://uklawweekly.substack.com/subscribe Music from bensound.com

This week the Supreme Court discusses the circumstances under which children should be removed from their parents and the importance of considering other courses of action. https://uklawweekly.substack.com/subscribe Music from bensound.com

In what circumstances can a court or tribunal change its mind about a decision it has made? https://uklawweekly.substack.com/subscribe Music from bensound.com

What are the factors that a judge should take into account when deporting a foreign criminal? In this episode we discuss that question and reflect on the recent Rwanda debacle. https://uklawweekly.substack.com/subscribe Music from bensound.com

What sort of immunity should public bodies have from costs orders? Does an adverse costs order discourage them from carry out their function? In this episode we discuss the Supreme Court's answer to that question. https://uklawweekly.substack.com/subscribe Music from bensound.com

In what circumstances should a defendant get a sentencing discount for a guilty plea? In this case we examine a guilty plea at arraignment and discuss whether a discount should be permitted when a defendant is caught red-handed. https://uklawweekly.substack.com/subscribe Music from bensound.com

In this tax case a company tries to take advantage of an earlier ruling to claim nearly £500,000 from HMRC. This test case could end up costing the UK taxpayer £1 billion if successful. https://uklawweekly.substack.com/subscribe Music from bensound.com

A challenge to the legality of a voter ID pilot scheme found its way before the Supreme Court and so in this episode of the podcast we use that as a jumping off point to discuss the Elections Act 2022. https://uklawweekly.substack.com/subscribe Music from bensound.com

In what might be one of the final cases decided on the basis of principles of EU law, an argument is made against a tax regime because it is discriminatory and constitutes a restriction on the free movement of capital. https://uklawweekly.substack.com/subscribe Music from bensound.com

There is sometimes a fine line between following standard accountancy practices and exploiting loopholes in the law. In this case the Supreme Court looked at the case of a company that was using the rules to gain an advantage. https://uklawweekly.substack.com/subscribe Music from bensound.com

In this special episode of the podcast we take a look at the Supreme Court as it is constituted under Lord Reed by reviewing two recent articles: In The Shallow End by Conor Gearty - https://www.lrb.co.uk/the-paper/v44/n02/conor-gearty/in-the-shallow-end The Reed Court by Numbers by Lewis Graham - https://ukconstitutionallaw.org/2022/04/04/lewis-graham-the-reed-court-by-numbers-how-shallow-is-the-shallow-end/ Music from bensound.com https://uklawweekly.substack.com/subscribe

How do lawyers claim their fees from a no win, no fee case? The Supreme Court explores what rights firms have over their client's compensation. https://uklawweekly.substack.com/subscribe Music from bensound.com

A question about a fixed-term secure tenancy raised broader issues about the relationship between contracts and statutory protections. https://uklawweekly.substack.com/subscribe Music from bensound.com

The extradition of James Craig could have been halted but while the forum bar provisions were brought into force in England, Wales and Northern Ireland, they were not brought into force in Scotland until it was too late. A challenge to that decision raised questions of constitutional importance regarding the role of the courts. https://uklawweekly.substack.com/subscribe Music from bensound.com

After an article was published revealing that a businessman was under criminal investigation, he claimed that the publication was a misuse of private information. In this episode we discuss the balance between the right to privacy and freedom of expression. https://uklawweekly.substack.com/subscribe Music from bensound.com

An error by a solicitor could lead to their client being extradited. Should someone be liable for the faults of their legal representative? https://uklawweekly.substack.com/subscribe Music from bensound.com

How much should a child have to pay to apply to become a British citizen? You might think that it is free but the Home Office charges about £1,000 per application. This case is a challenge to that policy. https://uklawweekly.substack.com/subscribe Music from bensound.com

Should waving a flag of a terrorist organisation be a strict liability offence requiring no intention on the part of the defendant? That question and the law's impact on the freedom of expression is discussed in this case. https://uklawweekly.substack.com/subscribe Music from bensound.com

The Commonhold and Leasehold Reform Act 2002 offered the ability for lessees in a block of flats to establish a Right to Manage Company. Unfortunately this sometimes led to a conflict with the existing property managers over who would manage the estate facilities. In this leapfrog appeal (the first of its kind) the Supreme Court provide an answer. https://uklawweekly.substack.com/subscribe Music from bensound.com

Can the Supreme Court hear an appeal against a judgment it has itself made? In theory this sounds like a contradiction but this case explores the practical possibility. https://uklawweekly.substack.com/subscribe Music from bensound.com

Two incidents from the Troubles raise questions about the state's obligation to investigate deaths under the European Convention on Human Rights. https://uklawweekly.substack.com/subscribe Music from bensound.com

One man takes on Google over alleged breaches of data protection law but questions are asked about whether his claim can represent all of the users who were affected. https://uklawweekly.substack.com/subscribe Music from bensound.com

An immigration case raises questions of constitutional importance after the Home Office decides to ignore a court order that it considered to be null and void. https://uklawweekly.substack.com/subscribe Music from bensound.com

After Sir Ian Brownlie QC was killed in a fatal accident in Cairo his widow looked to bring an out of jurisdiction claim in contract and tort law. https://uklawweekly.substack.com/subscribe Music from bensound.com

How simple should it be to take interim measures against the other party to a case? In these employment law proceedings this question is considered in the context of EU law and we also think about the imbalance of power between employers and employees. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a road traffic accident between Ms Ho and Ms Adelkun there were questions about how the costs should be offset against one another. In this episode we also discuss whether the Civil Procedure Rules do more to favour claimants or defendants. Music from bensound.com https://uklawweekly.substack.com/subscribe

Two bills from the Scottish Parliament are questioned before the Supreme Court for fear that they go beyond the legislative competence of Holyrood. Music from bensound.com https://uklawweekly.substack.com/subscribe

When fast track procedure rules for asylum claims were held to be null and void questions were raised about all of the cases that were decided using those rules. Music from bensound.com https://uklawweekly.substack.com/subscribe

When can a lawful act be used to rescind a contract? In this case an estate agent was pressured into signing a new agreement with an airline but was this legitimate commercial behaviour or an act of economic duress? The Supreme Court gets to the bottom of the case and interrogates the existence of lawful act economic duress. Music from bensound.com https://uklawweekly.substack.com/subscribe

After HMRC concluded that Mr Tinkler owed more than £700,000 in unpaid tax he tried to argue that the original enquiry was not valid because the incorrect postal address was used. In this case the Supreme Court examine the doctrine of estoppel by convention to see whether this is indeed the case. Music from bensound.com https://uklawweekly.substack.com/subscribe

When there is doubt about whether an asylum seeker is a child or an adult it is up to officials to make an assessment. In this case a judicial review questions whether the guidance provided creates an unacceptable risk of mistakes because the physical appearance and demeanour of a person are an unreliable guide as to age. Music from bensound.com https://uklawweekly.substack.com/subscribe

To what extent should guidance and policy document produced by a public authority be legally binding and challengeable by judicial review? That is the question asked of the Supreme Court this week. Music from bensound.com https://uklawweekly.substack.com/subscribe

This week's episode is about what costs should be paid by a losing side for mere acknowledgement of service. We also discuss how costs should be affected in environmental cases. Music by bensound.com https://uklawweekly.substack.com/subscribe

As a child in care, T required secure accommodation but funding cuts meant compromises had to be made. These compromises were authorised by way of a court order and that is what is being challenged in this case. Music from bensound.com https://uklawweekly.substack.com/subscribe

When a holiday went horribly wrong in 2010, Mrs. X decided to bring a claim against the tour operator. Many years later, and after a reference to the Court of Justice of the European Union, it is now for the Supreme Court to decide where liability resides. Music from bensound.com https://uklawweekly.substack.com/subscribe

An accusation of racial discrimination against Royal Mail raises interesting questions about the test to be applied in these claims. Music from bensound.com https://uklawweekly.substack.com/subscribe

In this special bumper edition of the podcast I play the audio from a recent interview I gave to law101.info Music from bensound.com Visit law101.info for more.

When a law firm decided to collaborate with one firm instead of another, the practice that had been shunned tried to enforce a restraint of trade clause in a non-disclosure agreement. The question for the Supreme Court was whether that clause was reasonable or not. Music by bensound.com https://uklawweekly.substack.com/subscribe

The latest update from the Franked Investment Income Group Litigation. Music from bensound.com https://uklawweekly.substack.com/subscribe

In this deportation case the Supreme Court had to decide whether a violent criminal who ended up in a Young Offenders Institution deserved a second chance in the UK or should be deported back to Iran. Music from bensound.com https://uklawweekly.substack.com/subscribe

A contract dispute that led to a claim for damages turned on the meaning of the word negligence. Should the meaning be restricted to the tort or also encompass a breach of the contractual provision to exercise care. This difficult question even divided opinion in the Supreme Court. Music from bensound.com https://uklawweekly.substack.com/subscribe

AB was only 15 years old when he was first subjected to an extended period of solitary confinement in Feltham Young Offenders Institution. In this case he brought a judicial review of that decision on the basis that it represented inhumane treatment and a breach of his human rights. Music from bensound.com https://uklawweekly.substack.com/subscribe

The Criminal Injuries Compensation Scheme is a way for the victims of crime to be compensated by the government. In this case A and B had been the victims of trafficking but were denied compensation because they had previous convictions from their time in Lithuania. The Supreme Court was asked to decide whether this exclusionary rule was discriminatory. Music from bensound.com https://uklawweekly.substack.com/subscribe

In one of the most controversial decisions this year, the Supreme Court looked at the two child limit imposed in respect of child tax credit. Music from bensound.com https://uklawweekly.substack.com/subscribe

When Mr Haworth was told to either pay the tax that HMRC thought he owed or risk a penalty if he took the case to court, he did not take kindly to this ultimatum and challenged it by way of judicial review. Music from bensound.com https://uklawweekly.substack.com/subscribe

When it turned out that a pharmaceutical company may have lied in order to defend their patent the Secretary of State brought a case on behalf of the NHS for the delay in bringing generic forms of the drug to market. In this context we explore the tort of causing loss by unlawful means. Music from bensound.com https://uklawweekly.substack.com/subscribe

After a protest blocked the road the campaigners were arrested under the Highways Act. This case examines the right to protest in the context of human rights and the defence of lawful excuse. Music from bensound.com https://uklawweekly.substack.com/subscribe

What happens when you sue a country? In particular how do you serve notice on that country and what rules apply? Music from bensound.com https://uklawweekly.substack.com/subscribe

In this double episode we look at two tort cases and reflect on the SAAMCO decision. Music from bensound.com https://uklawweekly.substack.com/subscribe

The law doesn't recognise a fraction of a day but what happens when the clock starts at midnight? Does that count as a full day or only part of the a day? Music from bensound.com https://uklawweekly.substack.com/subscribe

When a company near Blackpool wanted to challenge a new neighbourhood plan by way of judicial review questions were raised about whether the claim was brought within the time limit. Music from bensound.com https://uklawweekly.substack.com/subscribe

What does it mean to be deliberately inaccurate? Does it just mean a deliberate attempt to mislead or can it also include deliberate errors that are explained? This tax case seeks an answer. Music from bensound.com https://uklawweekly.substack.com/subscribe

Can the Supreme Court close up a loophole that allows companies to avoid paying local business rates? Music from bensound.com https://uklawweekly.substack.com/subscribe

What happens when a Supreme Court judgment is leaked to the press? Music from bensound.com https://uklawweekly.substack.com/subscribe

When Zabolotnyi was due to be extradited to Hungary under a European Arrest Warrant, questions were asked about whether the prison conditions would represent a breach of human rights. Even after the Hungarian Ministry of Justice made promises that they would comply with the Convention, the English courts had to decide whether that would truly be the case. https://uklawweekly.substack.com/subscribe Music from bensound.com

When a school in Oxfordshire moved to a new site, the heirs of the landowner who donated the original plot came out of the woodwork to argue that they should be entitled to the proceeds based on an old law from 1841. In this episode we consider the response from the Supreme Court and also how judges should interpret statutes that are so old. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a doorman inadvertently killed a man outside of a bar in Aberdeen, his widow brought a claim against the security firm's insurers. An exclusion caluse in the policy meant that the case turned on whether the actions of the doorman constituted a "deliberate act". As the Supreme Court came to answer we also analyse how exactly the Justices arrive at a conclusion. Music from bensound.com https://uklawweekly.substack.com/subscribe

When HMRC tried to claw-back money from the purchase of a care home that was zero-rated for VAT purposes, the question for the Supreme Court was whether the care home had disposed of their entire interest as part of a sale and lease agreement. Music from bensound.com https://uklawweekly.substack.com/subscribe

As part of an equal pay claim, a claimant has to find another employee to compare themselves with. In this episode we examine what the approach should be if that comparator is working at a different site to the claimant. Music from bensound.com https://uklawweekly.substack.com/subscribe

What happens when a child abduction case runs up against an asylum claim? Which should take priority? Music from bensound.com https://uklawweekly.substack.com/subscribe

Should a shift where you have to sleep at or near your place of work count as working time for the purposes of the national minimum wage? That is the question the Supreme Court has to answer this week as we also explore the distinction between politics and interpretation of the law. Music from bensound.com https://uklawweekly.substack.com/subscribe

In 2015 Shamima Begum left the UK to join Islamic State. Now, with the UK government intending to deprive her of British citizenship, she intended to return to the UK in order to fight that decision. In this high profile case the Supreme Court had to balance the right to a fair trial against the country's national security interests. Music from bensound.com https://uklawweekly.substack.com/subscribe

When two ships crashed outside the port of Jebel Ali in the United Arab Emirates there was a question about which vessel was most at fault. Was it the ship that was exiting the narrow channel or should that have made way for the ship that was getting ready to enter? In this episode we discuss the answer in the context of the International Collision Regulations. Music from bensound.com https://uklawweekly.substack.com/subscribe

In this landmark case the Supreme Court decided upon the fate of Uber drivers. While Uber argued that the drivers were self-employed and that the app was equivalent to a booking agent, the drivers submitted that they were workers and should therefore be entitled to certain rights like the national minimum wage. We discuss the judgment and consider what implications it might have for the gig economy. Music from bensound.com https://uklawweekly.substack.com/subscribe

What does it mean to describe an area of land as a village green? The words conjure up beautiful greenery in the imagination but what happens when someone tries to register a patch of concrete by a port? The Supreme Court has the answer. Music from bensound.com https://uklawweekly.substack.com/subscribe

When a number of oil spills in Nigeria caused significant ground and water contamination, the King of the local community pursued a claim against Shell and its local subsidiary. However when the claim was thrown out early on the question for the Supreme Court became what requirements do need to be met in order for a case to proceed to a full trial. Music from bensound.com https://uklawweekly.substack.com/subscribe

In a recent investigation the Serious Fraud Office wanted to access documents held abroad by a U.S. company. Does the department have the power to reach across the Atlantic for relevant paperwork? In this episode we look at the Supreme Court's response. Music from bensound.com https://uklawweekly.substack.com/subscribe

The coronavirus pandemic has wreaked havoc for almost every business in the UK. In this case the Supreme Court looked at a range of insurance policies and answered some fundamental questions of interpretation so that claims could proceed and life could slowly get back to normal. Music from bensound.com https://uklawweekly.substack.com/subscribe

This week we finish off 2020 by looking at three cases in one episode. The first is about when the courts should allow collective actions by multiple claimants to proceed, the second is about the proposed new runway at Heathrow airport and the third is an immigration case where a deportation is balanced against the need to protect family life. Music from bensound.com https://uklawweekly.substack.com/subscribe

After Gourlay's judicial review of a Parole Board decision was successful he argued that the Board should have to pay his costs for the review. This raised questions about whether the Parole Board is a judicial body but as we see in this episode it also led to other important discussions about who makes the rules about costs orders and how effective those rules are. Music from bensound.com https://uklawweekly.substack.com/subscribe

Casinos will often use free bet vouchers as a way to lure in punters but in this case the Supreme Court considers how these should be evaluated when it comes to working out gaming duties owed to HMRC. Music from bensound.com https://uklawweekly.substack.com/subscribe

Questions arose about the impartiality of an arbitrator after he accepted appointments from one of the parties in other disputes and failed to disclose them. The Supreme Court had to decide whether this amounted to a real possibility of bias or if a new arbitrator should be appointed instead. Music from bensound.com https://uklawweekly.substack.com/subscribe

While the limitation period for claims is six years, the precise date on which this starts is not clear in cases of mistake. Over the years attempts to clarify the law have not moved things much further forward but in this sweeping litigation the Supreme Court were given the chance to settle the legal position. Music from bensound.com Support the podcast: https://uklawweekly.substack.com/subscribe

The civil and criminal standard of proof are generally pretty easy to distinguish but the lines get blurred when there is an inquest into a suspicious death. In this case the Supreme Court had the opportunity to straighten out the rules and decide which of the two standards should apply where there is a conclusion of suicide. Music from bensound.com https://uklawweekly.substack.com/subscribe

In a difficult decision the Supreme Court had to balance the interests of a Children's Cancer Trust against new affordable housing. At the heart of the dispute were restrictive covenants and in this landmark case the Justices were presented with an opportunity to set a marker down. Music from bensound.com https://uklawweekly.substack.com/subscribe

Bonus Episode: A Question of Law Interviews Marcus Cleaver About Brexit

A dispute over a drug company's alleged anti-competitive practices leads to a legal case about the influence of decisions from the European Courts in the UK. Music from bensound.com Subscribe to the newsletter: https://uklawweekly.substack.com/subscribe

In the second of two cases looking at illegality as a defence we turn to the proceedings brought by Ecila Henderson who murdered her mother during a psychotic episode. It turned out that the NHS Trust was negligent in its care and she should never have been in a position to commit this awful act in the first place. She claimed damages from the NHS Trust for their negligence and the Supreme Court was asked to consider if her criminal action should serve as a bar to her claim. Music from bensound.com Subscribe to the newsletter: https://uklawweekly.substack.com/subscribe

When Maria Grondona committed mortgage fraud she didn't think that her plans would inadvertently fall apart because of the negligence of her solicitors. She pursued a claim for professional negligence but the key question in that case was whether that claim should be allowed to proceed given her own illegal activities. In this episode we also consider the development of case law since the 2016 decision in Patel v Mirza. Subscribe to the newsletter: https://uklawweekly.substack.com/subscribe Music from bensound.com

When Mr. Pathan submitted his immigration application everything appeared to be in order. However the Home Office later decided to take away the sponsorship licence form his employer leaving his application doomed to failure. In this episode we discuss whether the Secretary of State was under a duty to let Mr. Pathan know about this development and if he should have time to rectify the issue. Music from bensound.com

When Z and her family needed social housing she turned to her local council for support. Unfortunately the search took longer than expected because one of the charities that provides such accommodation only does so for members of the Orthodox Jewish community. In this anti-discrimination case the Supreme Court has to balance the needs of those who require housing against the aims and wishes of charitable organisations. Music from bensound.com

Animal welfare concerns also enter into the slaughterhouse to ensure that animals are killed in as humane a way as possible without any unnecessary cruelty. When a slaughterhouse was charged with two offences a debate arose as to what level of intent was required. On this episode we discuss the implications of strict liability in a criminal law context and how animal welfare might be affected by Brexit. Music from bensound.com

A fire at a Russian power plant led to the insurance company raising questions about the quality of the construction work. While there is an arbitration agreement in the contract it was unclear whether this was governed by English law or Russian law and so the Supreme Court had to find an answer. Music from bensound.com

A breach of several patents raises questions about the operation of intellectual property law in the mobile phone market and the behaviour of certain Chinese companies. The Supreme Court decides on a range of issues including the impact of competition law in this area. Music from bensound.com

In order to attract a major retailer to his new shopping centre Mr Shortall agreed that Dunnes Stores would not have any competitors on the site. After a few years and with the shopping centre struggling to attract customers Shortall tried to get out of the agreement. In this judgment the Supreme Court had to decide whether the promise was a restraint of trade. Music from bensound.com

What were the motivations of a person who is now dead? That was the question before the court in this tax case as a dispute with HMRC arose in relation to the payment of inheritance tax. Music from bensound.com

A breach of a chartering contract brought up allegations of torture and the Supreme Court had to decide how such evidence should be reviewed in the English courts. Music from bensound.com

When a messy divorce spilled over into the way that a charity is organised the deciding vote remained with one member. Whether the courts should step in to ensure that justice is done is the subject of this case before the Supreme Court. Music from bensound.com

When Mark Sutherland agreed to meet up with a child he had talked to via a dating app he did not expect to be met by a group of paedophile hunters. After the correspondence was handed over to the police its use as evidence was challenged for being a breach of the right to private life. In this human rights case it was for the Supreme Court to decide how far the rights go to protect even those convicted of the most heinous offences. Music from bensound.com

Avoiding the consequences of a judgment by transferring money to a different account is probably one of the least honest things that you can do. However in this case the attempt to recover that loss looked to be prevented by something called the 'reflective loss principle'. It is up to the Supreme Court to decide how this principle should operate and we discuss whether such a principle has any place in the UK legal system at all. Music from bensound.com

A divorce application in Scotland sits alongside a maintenance application in England. In this case the Supreme Court has to decide how feasible this is in line with relevant EU law. Music from bensound.com

After a confiscation order was made against a benefits fraudster questions were raised about its validity. The court had not given other persons with an interest in the relevant property a chance to make their own representations. In this appeal the Supreme Court was asked to make a close analysis of the Proceeds of Crime Act 2002. Music from bensound.com

How time limits on claims work can often feel very technical but they have a significant impact when there is money on the line. This case looks at a claim made by a bingo company amid questions about how VAT should be charged on games. We also look at what the decision means for the way HMRC operates as well as bingo in the time of coronavirus. Music from bensound.com

As the research to find a vaccine for the coronavirus continues in earnest the case in this episode involves a patent that might hold part of the answer. The dispute gets to the heart of patent law and the balance that has to be struck between protecting the rights of inventors while at the same time encouraging new and continued innovation. We also discuss how this operates in practice in the pharmaceutical industry. Music from bensound.com

The relationship between siblings is an important part of family life and this case considers the human rights implications of that relationship in the context of children's hearings in Scotland. Does an older brother or sister have a right to their say in what should happen to their sibling? Music from bensound.com

In the building industry speed and efficiency are the most important factors when it comes to dispute resolution. That is put to the test in this case where an electrical contractor enters into insolvency and the liquidator is left to sort out the financial mess left behind. Music from bensound.com

Most consumers don't think twice about what happens behind the scenes when they use their card to pay for something in a supermarket but for the stores themselves this is a point of contention. In this case they take on the card companies for alleged anti-competitive practices and the Supreme Court is offered the opportunity to consider a wide range of issues. In this episode we also have a broader discussion of economics and the law. Music from bensound.com

A defamation case raises much wider questions about the capability of the judiciary in England and Wales. Music from bensound.com

Fowler is a seabed diver who lives in South Africa but works in the UK. HMRC wanted him to pay income tax here but Fowler relied on an interesting provision in the law to resist. In this episode we explore how judicial interpretation can change in response to legislation. Music from bensound.com

The case in this week's episode is all about supermarket ATMs and how they are taxed. Do they belong to the banks because they operate the machines or do they belong to the supermarkets because they are on their property? Music from bensound.com

How do you define what is and isn't a building? That is the question facing the Supreme Court this week and we also take the opportunity to analyse the question in the context of listed buildings. Music from bensound.com

Irish republican Gerry Adams was subject to an interim custody order in 1973 but now seeks to challenge it on the basis of new evidence that suggests the order should have been signed by the Secretary of State. We discuss whether this is a mere technicality and what consequences the decision of the Supreme Court will have. Music from bensound.com

When Dr. Duval found out that her landlord had granted her neighbour a licence to carry out structural work to their shared property she was not happy and brought a claim for breach of the lease. On the one hand the agreement doesn't specifically ban the granting of a licence but it does seem to impinge on the rights of the lessee. After finding out on which side the Supreme Court came down on we explore what impact this decision will have on landlord/tenant relations. Music from bensound.com

AM opposed the deportation order made against him because he would not be able to get treatment for HIV/AIDS in Zimbabwe. Originally his application was based on a breach Article 8 of the European Convention on Human Rights (right to private life) but a new case from Europe opened up the possibility of success under Article 3 (prohibition on torture). In this episode the Supreme Court breaks down that new case and we consider how and why Article 3 is used in these types of proceedings. Music from bensound.com

Boycotts, divestment and sanctions have long been a form of ethical investment but is this type of protest allowed when it is carried out by local authority pension schemes? On the one hand it potentially conflicts with government policy but these funds are ultimately run for the benefit of employees. In this episode we also discuss the BDS campaign in relation to Israel. Music from bensound.com

When it became apparent that VAT should be charged on individually negotiated mail services Zipvit Ltd tried to claim a deduction even though VAT was not signalled on the invoice. HMRC opposed this and the question of EU law was brought before the Supreme Court. In this episode we also discuss the preliminary reference procedure and how it relates to UK sovereignty post-Brexit. Music from bensound.com

In her last case as a Justice of the Supreme Court Lady Hale has one final opportunity to correct a mistake that she made twenty years prior. Music from bensound.com

In the second part of a miniseries on vicarious liability we look at the nature of the employmenr relationship itself. Dr. Bates was alleged to have committed acts of sexual assault against a number of prospective employees at Barclays Bank but the doctor worked as an independent contractor so should he be liable? Music from bensound.com

Morrisons employee Andrew Skelton held a grudge against his employer and decided to illegally release payroll information onto the web. He was jailed but the victims of his crime brought a case against the supermarket chain in a bid to try and claim compensation. In this judgment the Supreme Court had to decide whether Morrisons could be liable for the illegal actions of their employee. Music from bensound.com

When it transpired that a ship had been sunk on purpose the insurers went after the bank that had refinanced the vessel in a bid to get their money back. One of the questions asked was whether the English courts had jurisdiction over this case and that required the Supreme Court to compare contractual rights with the rules under EU legislation. Music from bensound.com

El Shafee Elsheikh was involved with ISIS and is alleged to have been involved in the beheadings of 27 citizens from the UK and the US. The UK provided legal assistance to the Americans but broke with convention by not requiring assurances that the evidence would not be used as part of a prosecution that could lead to the imposition of the death penalty. In this judicial review claim that decision by the Home Secretary was challenged on not only human rights grounds but also on the basis of data protection legislation as well. Music from bensound.com

MS had been abused by relatives and made to work for free but the authorities decided that he had not been the victim of trafficking and planned to deport him. In this case the Supreme Court had to decide whether the Immigration Tribunal was permitted to come to a different conclusion about MS's circumstances based on the facts at hand. We also discuss how the UK's international obligations marry up with its political objectives. Music from bensound.com

When Copeland was arrested for possessing small amounts of an explosive substance he wasn't a political extremist or a terrorist but just a young man who has a keen interest in bombs. In this case the Supreme Court decides whether that is enough of a defence and we discuss how fit for purpose the law in this area really is. Music from bensound.com

DN was detained under immigration law for committing serious offences that could have led to his eventual deportation back to Rwanda. However when the basis for his detention was held to be unlawful everything was thrown up in the air and it was up to the Supreme Court to deal with the fallout. In this episode we also examine the concept of res judicata and the second actor theory as we navigate this difficult legal terrain. Music from bensound.com

In this bonus episode we break down the recently passed Coronavirus Act 2020 and analyse some of the key provisions.

Michael Stone is a loyalist terrorist who is currently behind bars for a range of politically-motivated crimes. The thirty year tariff on his sentence was due to expire in 2018 but this ignored the fact that he had been released for a period of time after the Good Friday Agreement. Whether or not this should count as part of the time served is the subject of this application but first of all the Justices must answer whether or not these proceedings should have leapfrogged their way to the Supreme Court as a "criminal cause or matter". Music from bensound.com

These longstanding proceedings look at the EU's rules on state aid and how they interact with international arbitration. Music from bensound.com

Jalloh was unlawfully subject to restraints on his liberty by the Home Office after immigration proceedings. In his claim for damages a question was raised about the difference between imprisonment under common law and the restraint of liberty under human rights law. In this episode we ask whether now is the time that those two concepts were merged together. Music from bensound.com

In this planning law case we discuss what openness means in the context of the green belt. A balance has to be struck between preserving the aesthetic quality of an area while allowing at least some development to take place. This episodes considers factors that should be taken into account and the role played by planning officers. Music from bensound.com

Universal credit has proven to be a controversial policy across the UK. The legal challenge in this case comes from Northern Ireland but before it could proceed the Supreme Court had to decide whether this was indeed a devolution issue. Music from bensound.com

When an import of garlic turned out to be from China instead of Cambodia the company became liable for a rather large tax bill that was well overdue. The question in this case is whether it was too late for HMRC to issue its demand but in this episode we also take time to consider the relationship that the UK has with the principles of EU law and how this might be affected by Brexit. Music from bensound.com

A planning application was granted by a local council so that a new wind turbine could be built but was then challenged by a local resident. Part of the inducement to grant permission was an annual donation to a community benefit fund but it was argued that this was not a material consideration that should have been taken into account. In this episode we also discuss how well planning law is facing up to a range of issues that it faces in the 21st Century. Music from bensound.com

The bedroom tax is one of the most controversial policies in recent memory and has disproportionately affected those with disabilities. In a 2016 case the Supreme Court found that the regulations were in breach of human rights law but does that change how the law should be applied by public authorities on a day-to-day basis? In this episode we answer that question and learn more about how the human rights legislation interacts with the rest of the legal system. Music from bensound.com

The Liberian civil war was one of the bloodiest and most brutal conflicts in modern history. Abuses were rife on both sides but a recent arrest in the UK of one specific individual led to charges of torture dating back to 1990. The law requires such a person to be acting in an official capacity but the Supreme Court was left to decide what this means when the question of which side is in power is up in the air. Music from bensound.com

Fraudulent transactions made by a Saudi businessman left his creditors out of pocket but in this case it is the company that he was funneling the funds through that sued the bank for carrying out his instructions. At the heart of proceedings is the Quincecare duty that states a bank should not follow the dishonest instructions of its customers and in this episode we discuss its place as part of the modern legal system. Music from bensound.com

When the married couple in this case decided to split up there was a question about whether their young daughter should return with her father to Israel or remain in London with her mother. As the case progressed the central issue became the use of something called the 'inherent jurisdiction of the court' that allows a judge to make a decision on almost any matter at all. Should this be allowed here and how should the inherent jurisdiction be properly used? These are the questions that the Supreme Court was asked and that we analyse in this episode. Music from bensound.com

In the early 2000s a scandal erupted when it was found that a leading manufacturer of silicone breast implants had not followed regulations and therefore put a significant number of women at risk. As these sub-standard implants leaked and ruptured the number of compensation claims began to flood in. This case looks at the situation where the medical clinic became insolvent and so the claimants went after the insurance company instead. Would they get the damages that they deserved or end up merely with a judgement that was barely worth the paper it was written on? Music from bensound.com

In this case an application for planning permission was blocked by a landlord. While this was in line with the lease agreement questions were raised over whether the refusal of consent was reasonable or not. In this episode we try to understand under what circumstances it is reasonable to withhold consent and the factors that the court should take into account when coming to that decision. Music from bensound.com

An administrative error creates an opportunity for a company to end an agreement that costs them thousands of pounds every year. When they do this the case ends up going to the Supreme Court who have to make a decision about just how costly that error will ultimately be. Music from bensound.com

The invention of the electrochemical capillary fill device (ECFD) represented an important development for blood glucose sensors but the inventor, Professor Ian Shanks, never saw a penny himself. In this case we follow his bid to be compensated properly for his work and critique the factors that are taken into account when the courts arrive at a decision in cases like this. Music from bensound.com

The budget cuts to the administration of justice have had a profound impact since their implementation. Access to justice has been hampered for some of the most vulnerable in society but they are not the only ones affected. In this case we look at a judge who made complaints about the extra stress and pressure that she was under but the question was whether she could be classified as a worker under UK law. Music from bensound.com

The relationship between the Channel Islands and the UK is fairly settled but in this case a new element is added into the equation: the European Union. The background to the dispute is relief from inheritance tax but in these proceedings the Supreme Court also addresses wider questions of jurisdiction and the operation of law. Music from bensound.com

In one of the most important, constitutional judgments of modern times, the Supreme Court was charged with deciding whether the prorogation of Parliament announced on 28th August 2019 was lawful or not. With a Brexit deadline of 31st October looming the judgment was also of huge practical importance as it affected the ability of MPs to fully scrutinise the actions of the government. In this episode we review the decision and reflect on it in the light of the 2019 general election. Music from bensound.com

Whether someone consents to the deprivation of their liberty is often an irrelevant question. Sometimes people are locked up because they are a danger to society whereas others are simply limited because it is in their best interests. Nevertheless that point of consent in a medical context is important and so in this case we explore whether the parents of a young man who is not quite yet an adult can still use parental responsibility to consent on his behalf. Music from bensound.com

What happens when the will of a totalitarian regime comes up against the English legal system? How can that system maintain its integrity in the face of such manifest injustice? In this case that concerns a jurisdictional dispute we get answers to those questions and they might just surprise you. Music from bensound.com

In this case about farming subsidies and the payment of VAT we consider the issue from a moral standpoint and ask what role the law can play to establish a more just system. Music from bensound.com

Access to information about a legal case in open court is vitally important to any functioning democracy but is also necessarily subject to certain restrictions. In this case the Asbestos Victims Support Groups Forum UK are seeking information about proceedings involving a former asbestos manufacturer. Both parties have a different interpretation of the Civil Procedure Rules and it is up to the Supreme Court to make a final decisions Music from bensound.com

When X went on holiday to Sri Lanka she was raped and assaulted by a hotel employee. In this claim against the tour operator she is seeking compensation but, as we discuss in this episode, it will require a stretched interpretation of EU law. There is also a close examination of the likely fallout if the Court of Appeal judgment is allowed to stand. Music from bensound.com

When the Cleveland Meat Company bought a bull at auction they were dismayed when it was found post-mortem that the meat was not fit for human consumption. They sought to challenge the decision of the Official Veterinarian on this matter but the means of doing so was far from clear. In this episode we look at the issues, consider the impact of EU law on this area and examine the preliminary reference questions that the Supreme Court has submitted to the Court of Justice of the European Union. Music from bensound.com

Franco Vomero has lived in the UK since 1985. In 2001 he killed a man and was convicted of manslaughter. Upon his release from prison the Home Secretary decided to send him back to his home country of Italy. In this case the Supreme Court looked at what it means to have a right of permanent residence and in our discussion we attempt to take stock of what it means to use deportation as a form of punishment. Music from bensound.com

MM was denied the Personal Independence Payment (PIP) benefit because he did not fit into the right category when it came to the support he needed for face to face social engagement. The dispute reached the Supreme Court and it was up to the Justices to provide an interpretation of what "social support" actually means in this context. In this episode we discuss that decision and how the courts can struggle to ensure that legislation remains applicable to everyone beyond the facts of one particular case. Music from bensound.com

At the heart of this case is a fairly simple question: when the conditions for use of a building are varied in a new planning permission, what previous conditions remain in place? For many years the Homebase store in Streatham Vale was prohibited from selling food but the position after a 2014 permission was no longer clear and the case eventually ended up before the Supreme Court. In this episode we discuss the judgment in this case and suggest legislative changes that would help to reduce the amount of confusion in this area. Music from bensound.com

Restraint of trade clauses are an essential feature of employment contracts because they protect the interests of employers whilst also ensuring employees have the right to go ahead and find another job. However striking a balance between these two objectives is something that the courts have struggled with over the years and this case is no different. What does it mean if an employee is prohibited from having an "interest" in a rival company and what approach should the courts take when dealing with such a clause? We find out the answer to those questions and then consider the wider implications for contracts of employment. Music from bensound.com

Tamara Gubeladze was hoping for a quiet retirement in the UK having spent most of her life in Latvia. She thought that she had met all the conditions necessary to be entitled to a state pension but the Secretary of State denied her request for failing to comply with the Worker Registration Scheme that was established in the UK after Latvia joined the European Union. As the Supreme Court decides her fate we take the opportunity in this episode to also consider how principles of EU law have impacted our own legal tradition and whether this will change after Brexit. Music from bensound.com

Wholesalers of alcohol now have a legal requirement to be a fit and proper person in the eyes of HMRC. For many this was a mere formality but others were suddenly worried about going out of business when they were unable to clear this new hurdle. OWD Ltd. faced this problem and while their appeal was pending they sought temporary relief so that they could at least trade in the meantime. When this was denied the question eventually ended up before the Supreme Court and on this episode we discuss the ramifications of the final decision. Music from bensound.com

When the shipping vessel Renos was badly damaged by an engine room fire the question for insurance purposes was when the repairs to the ship began. Should the cost of salvaging the ship be included as part of the money needed to get the ship repaired or is this limited to work done once the vessel is back in port? In this episode we discuss the Supreme Court's answer and think about alternative ways in which insurance contracts could potentially operate. Music from bensound.com

When Terryann Samuels was unable to keep up with her rent and was made homeless Birmingham City Council claimed that it was under no obligation to help her because she had become "intentionally homeless". The Supreme Court considered whether Samuels' previous accommodation had in fact been affordable based on her income and came to a conclusion that may have long-lasting consequences in respect of how such decisions are made by local authorities. In this episode we also give thought to the state of legal aid in this area. Music from bensound.com

In 2014 a number of newspaper articles were published that made serious allegations against the ex-husband of a former policy adviser to Gordon Brown. It turned out that those articles had no basis in fact and so this action in defamation came before the courts. When the question went before the Supreme Court the Justices were given the opportunity to offer a full interpretation of section 1 of the Defamation Act 2013. In this episode of the podcast we discuss the background to the 2013 Act as well as the consequences of this judgment. Music from bensound.com

In June 1974 an unarmed man with learning difficulties was shot in the back as he was running away from British soldiers during the Troubles. Nearly half a century later one of the soldiers involved is due to face trial. In this judicial review the Supreme Court was given the opportunity to consider whether the Director of Public Prosecutions was correct to restrict trial by jury. This episode also examines the public interest in such a prosecution. Music from bensound.com

When GN was a child he was physically and psychologically abused by the neighbours from hell yet the local council did next to nothing to step in and try to offer some sort of protection. Now that GN is an adult he is seeking compensation and we find out to what extent the duties of local authorities translate into actual accountability. Music from bensound.com

Tax avoidance must be the bane of any legislation drafter's life. As soon as you produce even one provision there are already hundreds of tax lawyers and accountants poring over it to try and find loopholes. In this case we look at a loophole that appears to have existed in plain sight for a number of years but now the Supreme Court has to decide whether to follow the law or look behind it to the actual intention of Parliament. Music from bensound.com

Business rates are paid based on a valuation of the non-domestic property in question. In this case a dispute arose when empty offices in Blackpool were valued at an annual rent of £490,000 by the valuation officer before a tribunal reduced that down to £1 after finding there was no actual interest in the property from potential tenants. After looking at the decision we also consider what approach offers the best hope for deprived areas such as Blackpool. Music from bensound.com

The Investigatory Powers Tribunal is the only judicial means of holding the secret services to account but it operates in the shadows with almost no connection to the formal legal system. In this case the Supreme Court has the opportunity to assess whether the decisions of the tribunal should still be subject to judicial review despite an ouster clause. Music from bensound.com

The benefits cap is one of the most controversial policies in recent years and in this case the Supreme Court were given the opportunity to scrutinise the legislation on human rights grounds. In this episode we examine that decision and the approach employed by the Justices. Music from bensound.com

Since 2005 it is alleged that the Nchanga Cooper Mine in Zambia has been pumping out toxic chemicals into the water supply and caused havoc for the local population who now demand compensation. As the parent company is domiciled in the UK the claimants initiated the case here but arguably Zambia is more appropriate. In this episode we consider the jurisdiction question in light of the factors that should be taken into account. Music from bensound.com

What happens when a tax avoidance scheme runs a little too closely to what is within the bounds of the law? For Mr Derry this meant an unwelcome investigation from HMRC and a bill for almost £100,000. In this case we examine the judicial review of that decision and consider how the courts should account for tax avoidance schemes when it comes to statutory interpretation. Music from bensound.com

The quality of meat products has been a rightful concern of consumers for many years. In this episode we look at how European Union rules have affected the meat industry and whether categorisation operates in a fair manner. Music from bensound.com

What happens when a dispute on Facebook ends up in the courts? The Stockers were once happily married but now they are divorced and Mrs Stocker made some serious accusations about her former husband on the social media platform. In this defamation case we consider how judges should approach statements that are posted online. Music from bensound.com

Exactly how much coverage does car insurance offer? It has to protect a driver from most liability but that chain of causation has to end at some point. In this episode we delve into a case involving someone who was attempting to repair their own car but ended up starting a fire that caused £2 million worth of damage. As we do so we also think about what it means to "use" a vehicle. Music from bensound.com

The use of Viagra as treatment for erectile dysfunction is well known but there are alternatives that exist which arguably work more effectively. In this episode we examine a patent relating to the dosage used for one such alternative, Cialis. However in order to achieve a patent there has to be an 'inventive step' taken and so the question in this case is whether simply working out the correct dosage is enough to qualify. We also consider the latest updates on progress towards the Unified Patent Court. Music from bensound.com

The provision of higher education in the UK has undergone dramatic changes in recent history with more private organisations entering the market. This raises an important existential question: what does it mean to be a college or a university? In this episode we consider the answer that is offered by the Supreme Court and then go on to think about whether the disruptive influence of private institutions is a good thing for the sector or means a decline in the quality of higher education. Music from bensound.com

Fraud and deception between cousins is the theme of this week's case. When a forged signature was only exposed after the final judgment the question was whether the victim could return to the courts or if doing so would undermine the certainty that law in the UK is founded upon. Music from bensound.com

The financial crisis of 2008 may now be far behind us but the legal ramifications are still subject to legal dispute. In this case we look at interest payments made to creditors after Lehman Brothers went into administration and consider what should rightly happen to those assets. Music from bensound.com

The Immigration Rules are an integral part of the legal system but have been criticised for their complexity and prescriptive nature. In this week's episode we examine the rules in the context of the proposed deportation of Robinson who came to the UK as a child but has committed multiple criminal offences. He wanted to appeal the decision following the recent birth of his child but a jurisdiction issue stood in his way. Blog post mentioned in the episode: https://asadakhan.wordpress.com/2019/04/04/second-human-rights-claim-does-not-automatically-trigger-right-of-appeal-says-supreme-court/ Music from bensound.com

What role does medical evidence play in a legal battle? On the one hand medical practitioners bring their own clinical expertise to a case but the final decision rests with the judge. In this case the Upper Tribunal went against the medical evidence and it was up to the Supreme Court to decide the extent to which they had the right to do so. Music from bensound.com

This week we return to Northern Ireland for another case about the Troubles and unfortunately it's the same old story. More delays and further failures to investigate only provide more cause for resentment and in this case we examine the role that the courts have to play. Music from bensound.com

The European Arrest Warrant is a key tool for fighting crime and is a prime example of EU co-operation at its finest. In this case we explore what protection is available for those named in a warrant, deficiencies in the UK's implementation and what the future holds for this area as Brexit impends. Music from bensound.com

The murder of Pat Finucane, a solicitor from Belfast, in 1989 was the result of collusion between British security forces and loyalist terrorists. There has never been a proper inquiry into this death and in this judicial review Finucane's widow argues that this is a breach of Article 2 of the European Convention on Human Rights (the right to life). Music from bensound.com

When Bianca Cameron was involved in a car accident the driver at fault could not be identified so the question became 'who could she make a claim against?' Her decision to go after the insurance company by way of the anonymous driver raised some interesting legal questions such as the possibility of an anonymous defendant and the extent of an insurer's liability that we discuss in this episode. Music from bensound.com

In tort law a claim for 'loss of chance' can become very complicated when a claimant is seeking compensation for something that might have happened many years previous. A careful balance has to be struck between running a hypothetical trial and holding older evidence up for scrutiny. In this episode we discuss the burden of proof on a claimant in this context and how such a case should be conducted. Music from bensound.com

An estate agent agreed to help sell certain properties but was denied his 2% commission when the purchases were finalised for £2.1 million. In this case the court had to decide not only if there was an agreement between the agent and his client but also what the terms of such an agreement might be. In this episode we also examine the tendency amongst judges to rely on implied terms when it comes to contract disputes. Music from bensound.com

Criminal record checks are an important way to protect children and vulnerable adults from being exposed to those with a history of criminal convictions but when those convictions are for minor offences committed years ago the system operates to stymie the career opportunities of many people. In this episode we look at a challenge to that system and consider how the law can be reformed while continuing to be effective. Music from bensound.com

Wrongful conviction cases and miscarriages of justice are always of great interest to the media as they provide a mystery while simultaneously highlighting failures within our criminal justice system. However not much is made of what happens once the conviction is overturned and the innocent have to return to their lives outside prison walls. Something that can be of great help is compensation from the government but claiming this is becoming increasingly difficult and so in this judicial review two decisions made by the Secretary of State for Justice are being challenged on human rights grounds. Music from bensound.com

The Data Protection Act 2018 brought data protection law into the 21st Century and helped to provide a stronger legal framework for securing personal information. A side effect of this however is that it has made it much easier to convict people of relevant offences and that poses a threat to some of the foundational principles of criminal law. In this episode we consider a case decided under the old Act and then consider how the law has changed and what issues the new legislation brings up. Music from bensound.com

As Northern Ireland heads into its third year without a government the political situation is rapidly becoming more untenable. Unelected civil servants are making decisions normally reserved for politicians and in this case the Supreme Court considers the limits of their powers. Music from bensound.com

When Mr Darnley turned up to his local A&E with a serious head injury he was told that the wait might be 4-5 hours. In fact he should have been told that he would be seen by a triage nurse within half an hour and so in this case we examine the potential liability of the NHS Trust for the damage suffered. Music from bensound.com

The so-called 'gay cake' case pitted Christian business owners against a supporter of gay marriage. Conflicting human rights meant that both sides had very good arguments but who would eventually come out on top? In this episode we also consider the potential impact of the decision on the law moving forward. Music from bensound.com

How much does marriage matter in today's society? That is very much the question at the heart of this case as one woman fights a legal battle following the death of her long-term partner. Music from bensound.com

What should and should not be revealed about the subject of a criminal record certificate is a matter of a debate and requires a fine balancing act between the rights of the individual and the need to protect the public. In this case the Supreme Court decides whether AR's acquittal in a rape trial should be revealed to his prospective employer. Music from bensound.com

Legal questions surrounding end of life care can be fraught with controversy but in this case the Supreme Court had the opportunity to establish easier resolutions in certain cases that do not involve resorting to the courts. Consideration in this episode is given to common law, statute law and human rights law. Music from bensound.com

In this episode dropped on the same day as the Supreme Court judgment we dive straight into this case on Brexit and the impact on devolution. What does this mean for the Union and where do Wales and Scotland now stand from a legal and political perspective.

When a boat carrying refugees foundered in the Mediterranean the survivors did not expect to spend the next 20 years of their life on a British military base on Cyprus. In this episode we look at their bid to be admitted to the UK and the lawfulness of the Home Office's actions with respect to international law. Music from bensound.com

An appeal against the assessment of VAT requires the individual to pay the tax beforehand. This is in stark contrast to other forms of taxation such as income tax where there is no such prerequisite. In this episode we discuss whether this is contrary to the EU law principle of equivalence and consider what role the courts have to play when it comes to scrutinising procedural rules set out by government. Music from bensound.com

When a high stakes gambler disappears with hundreds of thousands of pounds how does the casino get their money back? In this episode Playboy Club London went after the bank that gave the credit reference but the presence of a third party raised questions about the existence of a duty of care. Music from bensound.com

With the EU referendum and the election of Donald Trump in 2016 people on both sides of the Atlantic began asking serious questions about the state of the democratic process in the West. In this episode we explore the origins of that debate by looking at election law and its impact on a key battleground for the 2015 general election. Music from bensound.com

In order to get a divorce in the UK there has to be some degree of fault by one side or the other. This might include adultery, separation or any of the other behaviours listed in the Matrimonial Causes Act 1973. Normally this causes little fuss as divorce petitions are rarely defended. One exception is in this week's case where a judge found that the ground for divorce had not been established and so the couple had to remain married. We critique the Supreme Court's response and investigate the idea of no fault divorce. Music from bensound.com

When Babar Ahmad arrived in handcuffs at a local police station on 2nd December 2003 he had a number of significant cuts and bruises. The officers claimed the suspect had resisted arrest while Ahmad pursued legal action for assault. As the case dragged on it was suggested that the Commissioner was not exactly as supportive of their officers as might be hoped and so the present case was brought in respect of reputational, economic and psychiatric damage caused. In this episode we also discuss the funding crisis affecting the police. Music from bensound.com

Payment of interest on a debt can either be a lower level of simple interest or a higher level of compound interest. In this episode we consider what type of interest the government should have to pay when refunding tax that had been collected by mistake. Precedent suggested that compound interest was owed even though this might cost the UK taxpayer £5 billion but it was up to the Supreme Court to decide whether this should be upheld. Music from bensound.com

Spousal maintenance has often been compared in the mainstream media to a 'meal ticket for life' but to what extent does that phrase hide a more widespread misogyny that underpins the way that we think about divorce law? In this episode we examine a case that involves a former wife not spending her money very wisely and then her subsequent request for more money from her ex-husband. This received a lot of attention in the press but we dive into the judgment and get to the real legal issue at stake. Music from bensound.com

When the state uses its power to take children away from their parents this has to be treated with a great deal of sensitivity. If consent is needed then that delegation of parental responsibility must be real and voluntary but does it also need to be informed consent so that parents are aware of their rights? In this episode we discuss the Supreme Court's response to that question and also consider how other factors can lead to a possible breach of the right to family life. Music from bensound.com

Funding terrorism has long been an offence even as the nature of terrorism has changed. The question that is being addressed in this case is what mental element (or mens rea) is required of the accused when it comes to this crime. Should we consider the viewpoint of that person or take a more objective stance based on society's standards? Music from bensound.com

Companies can group together in order to pay VAT but the exact way that these are structured or operate in a practical sense can be quite confusing. This became a real issue when it turned out that the period for refunding overpaid VAT was too short and had to be extended. As new claims filed in more questions were asked about VAT groups and it was up to the Supreme Court to provide answers. Music from bensound.com

When a bank fails it is split up into a 'good bank' and a 'bad bank'. The assets and liabilities that pass to each can vary but after it was decided that a large debt owed by the former Portuguese bank 'Banco Espírito Santo' would not pass to the good bank this was challenged by Goldman Sachs who argued that the agreement's jurisdiction clause meant that the UK courts should decide. In this episode we find out the answer and consider the legal, political and business consequences of banking collapses. Music from bensound.com

In 2004 Tony Blair struck the now infamous 'deal in the desert' with Libyan dictator Muammar Gaddafi. The assistance provided by the British Secret Intelligence Service in rendering political dissident Abdelhakim Belhaj back to his homeland in the run-up to that meeting was almost certainly a factor that contributed to getting the deal done. After years of torture Belhaj is now free and has been seeking justice from those involved. This case is part of that fight. Music from bensound.com

Ever since civil partnerships became available in the UK in late 2005 their status has been up in the air. Originally the only option available to same sex couples, they now have marriage as an alternative. In this case the Supreme Court considers whether civil partnerships should be available as an alternative to marriage for heterosexual couples. We also interrogate the religious arguments against civil partnerships as well as the state's involvement in this issue. Music from bensound.com

The Construction Industry Scheme has been in operation since the early 1970s and aimed to not only provide a means for the government to collect tax but also to crack down on tax evasion in the sector. Trusted sub-contractors can be awarded certificates that exempt them from the requirements of the Scheme and so JP Whitter were not happy when their certificate was cancelled. Their appeal against that decision is the subject of this case but we also analyse whether the scheme is still fit for purpose in 2018 or should be subject to reform. Music from bensound.com

With a thriving Muslim population and growing investment from the Middle East there is a need for Islamic financial practices to be integrated into English law. This case revolves around the sale of the historical Chelsea Barracks by the Ministry of Defence to Qatari investors who used a form of Islamic finance. Problems arose when the investors tried to use a loophole to avoid paying stamp duty on the sale and so the Supreme Court had to decide if the loophole applied and how much tax had to be paid. In this episode we also discuss whether Muslim investors are discriminated against. Music from bensound.com

The so-called gig economy where jobs are replaced with short-term contracts is a bought on the UK. Companies like Uber and Deliveroo turn huge profits while exploiting people who have not better place to turn to for work. In spite of this progress is slow on both a political and, as we see in this case, legal front. This episode explores the reasons for that and proposes a solution. Music from bensound.com

Anyone who is online has some sort of relationship with an ISP or Internet Service Provider. These companies may occasionally be required to block certain sites but should they pay the costs of doing so or does it fall to the company seeking the website blocking order? In this episode we find out the answer to that question and also discuss how new and changing technology affects the decisions of the Supreme Court. Music from bensound.com

One of the most important cases of 2018 thus far is this case that was brought before the Supreme Court and challenged Northern Ireland's archaic law on abortion on human rights grounds. The case is a building block for progress but, as we discuss, faces difficult political challenges both in Belfast and in London. Music from bensound.com

Marine insurance, like other forms of insurance, has events where a ship owner can make a claim and exclusions where they cannot. In this case a ship was detained because smugglers had strapped significant amounts of cocaine to the hull of the boat and the question for the Supreme Court was whether or not the smugglers had "acted maliciously" for the purpose of an insurance claim under the agreement. Music from bensound.com

Plea deals allow public authorities to dispense with cases (that would otherwise be very expensive to run) in a timely and efficient manner. The problem is that this leaves a great deal of discretion to a public authority that can be exercised in an arbitrary fashion. In this week's episode we look at a judicial review of an early resolution agreement offered by the Competition and Markets Authority that was applied inconsistently between parties. Music from bensound.com

In contract law, terms can be created or modified either orally or in writing but what happens when a contract specifically excludes oral modifications? Does a subsequent oral modification cancel out that original clause or would the modification be invalid? In this episode we find out and discuss approaches to interpreting contracts in a way that is fair to all parties involved. Music from bensound.com

What happens when a series of criminal offences are committed over a period when a new piece of legislation comes into force? Do they fall under the new rules or the old ones? The job of the Supreme Court was made especially difficult in this case by the legislation itself not being especially clear and so how they interpreted the law is scrutinised and analysed in this episode. Music from bensound.com

This case is the legal equivalent of the aphorism 'If a tree falls in a forest and no one is around to hear it, does it make a sound?' Here though the question is 'If a letter arrives while you are on holiday, have you received it?' For Mrs Haywood this was more than just a thought experiment and impacted the rights to her full pension. Her employer served notice by post and it was up to the Supreme Court to decide when exactly the clock started running from. Music from bensound.com

When it comes to small claims there is a delicate balance that exists between claimants, insurers and solicitors. In this case Haven insurance upset that balance by trying to cut Edmondson Solicitors out of the picture. In this episode we explore whether the insurers had indeed found a loophole to exploit and also discuss the potential impact of the new Civil Liability Bill on small claims. Music from bensound.com

The way that damages are worked out in a case can have a huge impact on both the claimant and the defendant. Add to this that the courts are often making their own best estimates and the whole outcome can become incredibly uncertain. In this episode we explore this in the context of a restrictive covenant between two business partners who later fell out. Music from bensound.com

Political scandal, "fraud on an epic scale" and a billionaire in hiding are the main highlights in this case. The appellant is accused of helping to hide his father-in-law's ill-gotten gains. Meanwhile we also consider the impact of the large number of Eastern European cases that find their way into the English legal system.

In tort law a lot of focus is placed on aspects such as the duty of care and causation but there also has to be an injury caused by the defendant. How we define an injury is not always straightforward and in this case we explore an injury that only has a limited effect on the claimant. Music from bensound.com

Article 6 of the European Convention on Human Rights is the right to a fair trial but how far does this extend? In this episode we analyse a judicial review that argues for the right to choose one's own legal representation. Music from bensound.com

Known sex offenders obviously represent a threat to the safety of children but if a head teacher is friends with a convicted sex offender and fails to disclose it is she liable to be dismissed? Not only do we answer that question in this episode but we also examine the law on unfair dismissal and think about ways in which it could be improved. Music from bensound.com

Rates are a type of property tax that is based on the value of any given piece of property. That valuation can be affected by a range of factors but generally speaking there is an exception for 'tools of the trade'. In this case we look at whether an air handling system used by the supermarket chain Iceland falls within that exception. Music from bensound.com

What is the nature of the relationship between a director and their respective company? In this case an argument was made under the Limitation Act 1980 that it is analogous to the relationship between a trustee and beneficiary. For the claimant such a finding would mean that a six year limitation period on their action would be disapplied but did the Supreme Court agree? Music from bensound.com

A Scottish solicitor made an error when drafting a deed that meant the security over an entire property was released instead of just one unit. Did that solicitor owe a duty of care to the other party who she was not representing? In this episode we get an answer to that question and also track the case law history in this area. Music from bensound.com

Are you on email? You simply have to be these days but is our legal system and the administration of justice set up to deal with this technology? In this episode we explore that question in the context of a claim form that was served by email. Music from bensound.com

One of the most controversial cases in recent months was the Parole Board decision to release the black can rapist, John Worboys, from prison but this case before the Supreme Court looks instead at the original police investigation. In particular the question was whether the police were liable to the victims for its failings in relation to Article 3 of the European Convention on Human Rights (prohibition of torture). Music from bensound.com

Each year salmon return all the way up river to give birth to their young in a journey of epic proportions. Fishermen such as Mr Mott make a living by catching the salmon in baskets placed in the river but this has the potential to severely impact on salmon stock. The Environment Agency imposed stringent conditions in a bid to replenish the stock and ease the strain on this natural resource but they offered no compensation to Mr Mott who depends on fishing for his livelihood. In this episode we examine the judicial review of this decision in the light of the right to property under human rights law. Music from bensound.com

Family law and in particular the law relating to adoption can vary between cultures but is that enough to deny the free movement of people under EU law? In this episode we explore that question in the context of the Islamic adoption system of kafala. Music from bensound.com

Despite the rather dramatic name abduction cases are rarely clear cut and require a delicate balancing act between both parties while also ensuring that the welfare of the children involved is protected. In this case a mother, with the permission of the father, left Australia with her two children but never returned. In this episode we dive into the interesting facts surrounding this case but also examine more generally what happens when a parent leaves the country with permission but then never goes home. Music from bensound.com

When a health and safety inspector issued a prohibition notice stating that Chevron's helideck in the North Sea was too badly corroded for use the company decided to get the metalwork tested for themselves. The results showed that it met British standards but the question for the Supreme Court in this case was whether those results could be used as evidence before the Tribunal. Music from bensound.com

What does it mean to be British? The legal answer is not as simple as you might think. For years citizenship by descent could only be passed down the male line and in this case the Supreme Court grapples with Parliament's attempt to correct the discrimination in the British Nationality Acts. In this episode we also discuss how the Justices engage with Parliament and how the concept of nationality is at a crossroads in 2018. Music from bensound.com

Enforcing immigration rules can be difficult for the government when the country that a person is being deported to has a poor human rights record. In B's case there was no reasonable prospect of deportation back to Algeria but the government wanted to continue to impose bail conditions in the interest of national security even though there was no further right to detain him. In this episode we explore this situation and consider its implications beyond immigration law. Music from bensound.com

Mrs Robinson was 76 years old when she got between a drug dealer and two police officers attempting to make an arrest in Huddersfield town centre. She brought a claim for the injuries she suffered against West Yorkshire police but in this episode we do more than consider the basic tenets of negligence and ask how this area of law can and should intereact with society. Music from bensound.com

The people of the Chagos Islands, a British Indian Ocean Territory, have suffered at the hands of UK foreign policy for nearly 50 years. In this episode we look at the decision to establish a marine protected area around the archipelago and in particular the implications of a WikiLeaks cable that implied that the real motivation for the marine reserve was to prevent any chance of resettlement. Music from bensound.com

Part payment of a confiscation order can lead to a reduction in the sentence for drug trafficking offences but how should the courts work out that reduction. Should it be based on the original amount imposed on the defendant or instead take into account interest as well? In this episode we go on to discuss the mixed approach that the Supreme Court appears to be taking towards personal freedoms. Music from bensound.com

A police warrant to search and seize property normally contains all of the relevant details but in the case of Haralambous this was excluded on grounds of public interest immunity. A judicial review was made against this not only in relation to the decision in the Magistrates' Court but also looking at the equivalent decisions in the Crown Court and the High Court. In this episode we consider not only the decision in this case but also the wider implications of public interest immunity for civil rights in criminal law. Music from bensound.com

In this episode we leave the UK and head to the Court of Justice of the European Union where a fraud case developed into questions about fundamental human rights, constitutional law and a potential threat to the primacy of EU law itself.

The smoking ban has now been around for more than a decade so it might seem obvious that everyone is affected but one unusual rule of statutory interpretation might mean that there is a surprising exception built into the law. Music from bensound.com

How strict should the courts be when it comes to time-barring human rights cases? While there is some flexibility built into the system there are important questions about how the Human Rights Act 1998 should be interpreted. In this episode we also dig into the allegations of racial discrimination made against the Bar Standards Board. Music from bensound.com

World famous poker player Phil Ivey walked into a London casino and won £7.7 million playing baccarat but the casino refused to pay out because they thought that Ivey had cheated. In this episode we not only discuss what it means to cheat but also the legal definition of dishonesty. Music from bensound.com

P was assaulted while she was on duty as a police officer in 2010. When she was herself arrested the following year she blamed it on PTSD from the previous assault. Nevertheless she was still dismissed from the police force but when P came to appeal the decision she did so in a very unusual way that we explore in this episode. Music from bensound.com

After Armes had been abused by two of her foster parents when she was growing up she brought a case against the local authority arguing that they were liable. This case split the Justices and has potential consequences for vicarious liability in the area of tort law. Music from bensound.com

BPP are a company that will be familiar to most law students as they supply legal education and books. Books are zero-rated for the purposes of VAT and so when HMRC made a decision against BPP for failure to pay, the company appealed this to the Tax Chamber of the First-tier Tribunal. However the government's lawyers were completely disorganised throughout the entirety of the appeal and in this episode we analyse the fallout from this as well as what this means for future cases before the tribunals. Music from bensound.com

What is a sham marriage and how can we define it for the purposes of the law? In this episode we explore that question as well as the fate of a woman who has lived in the UK since 2007 but now faces deportation after being accused by immigration officers of engaging in a marriage of convenience. Music from bensound.com

The concept of matrimonial property was shaken up in the context of Scottish divorce law by the Supreme Court in this case. In particular the Justices had to make a decision about what proportion of a pension could be included and what it meant to be a member of a pension scheme. Music from bensound.com

In 2013 the government introduced fees for people bringing cases before the employment tribunals in the UK. Although this would remove some of the burden on taxpayers, UNISON argued that the Fees Order prevented access to justice and acted in a discriminatory manner towards women and other minorities. In this episode we consider the decision in the light of access to justice and the wider constituitional implications on the rule of law. Music from bensound.com

In this special bonus episode we review the recent finding of the Employment Appeal Tribunal against Uber and consider what this means for the company as well as the so-called gig economy in the UK.

One of the most delicate balancing acts that occurs within the realm of human rights law is between Article 8 (the right to private and family life) and Article 10 (freedom of expression) of the European Convention on Human Rights. In the UK this has allowed for the development of a common law right to privacy but how far can this extend when it interferes with the reporting of public legal proceedings? The issues in this case also raise wider questions about the allegations of sexual assault that are currently hanging over Hollywood and Westminster and these implications are discussed in this episode. Music from bensound.com

When Actavis took a new medical treatment to market, Eli Lilly thought it looked familiar. They had their own product that had been patented and the one from Actavis was only a slight variation. In this episode we explore the issues that arose surrounding intellectual property law and consider the wider implications when it comes to tightening or loosening the European patent system. Music from bensound.com

Walker has been in a same-sex relationships since 1993 but because he retired before civil partnerships became legal in late 2005 his partner was not entitled to the spousal pension. In this case Walker challenges the discrimination by reference to the EU's Framework Directive. We then discuss how rights may continue to be protected in the UK after Brexit. Music from bensound.com

The financial dealings of Rangers Football Club have been subject to a great deal of scrutiny in the recent past and in this case the Supreme Court focused on one particular aspect of the way that the club was run. When a footballer signed for the club they were offered the chance to avoid paying income tax by using a complicated trust mechanism. In this episode we unpack that mechanism and consider the legal arguments that allowed the system to be abused. Music from bensound.com

Zain Dean is a Scottish citizen who had been living in Taiwan for 19 years when he was convicted for manslaughter in 2010. While he was on bail he absconded back to Scotland on a friend's passport. When he was eventually caught the Taiwanese authorities sought to extradite Dean back to their country but an appeal was raised against this on the basis of Article 3 of the European Convention on Human Rights (prohibition of torture). In this episode we not only examine the human rights arguments but also consider the wider issue of extradition in the context of international relations. Music from bensound.com

The Conservative immigration policy of 'deport now, appeal later' was part of their manifesto and found its way into law as part of a drive to protect the public from foreign criminals. In two cases where human rights issues were at stake this law was challenged on the basis that it is very difficult to conduct an appeal from abroad. In this episode we also consider the judgment in the context of wider immigration policy and the methods employed by the Home Office in its pursuit to address immigration to the UK. The Lawyer Who Takes The Cases No One Wants - Aida Edemariam https://www.theguardian.com/news/2016/apr/14/the-lawyer-who-takes-the-cases-no-one-wants Music from bensound.com

Abortion is a controversial subject in Northern Ireland and is only available in a narrow range of circumstances. This means that a lot of women have to travel to England where they can pay for an abortion. In this judicial review case A had travelled to Manchester and paid £900 for an abortion but argued that, as a resident of the UK, this should have been made freely available to her on the NHS. While this case was, in theory, only about NHS policy it has wider ethical implications and also tells us a lot about devolution in the UK. Music from bensound.com

There is often very little thought that goes into what happens to people once they leave prison and this is especially true of women. In this case Ms. Coll was required to live in approved premises that were more than 50 miles away from her home and family. Her judicial review challenged this on the basis of the Equality Act 2010. In this episode we also examine the way that women are treated within the criminal justice system in general. Music from bensound.com

When a group of teachers at a sixth form college in Warwickshire went on strike their employers were entitled to withhold a proprtional amount of pay. For the college this was based on the number of working days in the year but the teachers argued that the correct calculation should be based on the total number of days in a calendar year. As the Supreme Court came to a final decision in this case they made reference to an 1870 Act of Parliament called the Apportionment Act. In this episode we also discuss the role that the law has to play in labour disputes in general. Music from bensound.com

On 15th September 2008 Lehman Brothers filed for bankruptcy and became the most high profile casualty of the financial crisis that rocked the global economy. Nearly a decade on and the repercussions are still being felt in the legal and political climate. This case in particular looks at the administration and liquidation of Lehman Brothers International Europe through the eyes of insolvency legislation in the UK. Music from bensound.com

Whn it comes to statutory interpretation there are rules that the courts have to follow but the situation is less clear for interpreting non-statutory texts such as frameworks and guidance. In this episode we explore the method that should be adopted by judges and how they have to tread a fine line between interpretation and policy. Music from bensound.com

When a public body undertakes a procurement exercise it should be carried out in an open and transparent fashion that is fair to all of the bidders. In this case the process was not carried out in the correct manner and this presented the Supreme Court with a number of questions about when and how a case may be brought. In this episode we also consider just how effective the EU's regime in this area really is. Music from bensound.com

Under the current regime of the Access to Justice Act 1999 a publisher can be liable for costs arising from a defamation case even where those costs include premiums associated with conditional fee agreements and after the event insurance. In this case three publishers challenge the law as an infringement on their right to freedom of expression under the European Convention on Human Rights. In this episode we also consider proposals to change the law and also press regulation. Music from bensound.com

The Scottish smoking ban in hospital grounds has been a source of contention since being passed by the Scottish Parliament and in this case we see a challenge from a detained mental health patient. The ban in this instance also invovled searching for and confiscating tobacco and so the case reliednot only on domestic legislation but human rights grounds as well. Music from bensound.com

When SXH came to the UK as an asylum seeker she arrived on a false passport. The Crown Prosecution Service decided that it was in the public interest to pursue a prosecution under the Identity Cards Act 2006. Further research into SXH's case changed their mind but in this case before the Supreme Court she argued that the original decision was a breach of her human rights under Article 8 of the European Convention on Human Rights. Music from bensound.com

When Mr Platt took his daughter out of school during term time for a holiday in Florida he was landed with a penalty notice from Isle of Wight Council. The case made its way up to the Supreme Court and garnered national headlines as the following question had to be decided: what does it mean to attend school regularly? Music from bensound.com

In these conjoined appeals the question for the Supreme Court concerned indirect discrimination. This is where an employer puts a provision in place for all employees but the overall effect is particularly disadvantageous for certain groups with protected characteristics. Essop was required to pass a 'Core Skills Assessment' but statistics showed that older and BME candidates struggled when compared to other employees. Naeem is a Muslim chaplain in prison but pay is based on length of service and he has not been able to work as a salaried employee for as long as his Christian counterparts. Music from bensound.com

When AB was prosecuted for having sexual intercourse with an underage girl he wanted to rely on the defence that he reasonably believed the girl to be 16. When he was denied this opportunity because of previous criminal charges, AB claimed that this was in breach of his human rights. Music from bensound.com

When Wood sold his company to Capita it transpired after an internal review that insurance policies had been misrepresented to customers. Capita tried to recover the compensation that they were obliged to pay out but Wood disputed this on the basis of the wording of the sales agreement. In this episode we discuss how the Supreme Court approaches the interpretation of contracts. Music from bensound.com

In a Permission to Appeal ruling the Supreme Court considers the heart-breaking case of Charlie Gard.

N is a severely disabled man in his twenties who requires care by the NHS. His family would like to be much more involved in his care but this would put greater strain on the already limited resources of the local authority.. This week's episode analyses this dispute and examines the role of the Court of Protection. Music from bensound.com

Mr Gabriel went bankrupt because of a bad investment but not many things went right for him along the way. His 'friend' Mr Little tricked him into thinking the money would be used as part of a development project and his solicitor did not properly inform him and drew up incorrect paperwork. In this case for negligence the Supreme Court examined the but-for test and in particular the so-called SAAMCO cap.

Gordon was convicted of rape and sentenced to five years but there were a couple of problems with the way that the investigation was carried out. He was not allowed access to legal counsel either before or during the police interview and the semen sample retrieved was not subject to DNA analysis. The Scottish Criminal Case Review Commission refused to take a second look at the conviction and so in this case Gordon brought a judicial review to challenge this decision. Music from bensound.com

How much information would have to be given in order to be able to identify you without actually saying your name? This sounds like a game of 20 questions but the Supreme Court faced a very similar problem this week with serious consequences hanging on to their decision. Music from bensound.com

When a solicitor neglects their duty there is indemnity insurance available based on minimum terms and conditions set by the Law Society. Such claims can, however, be amalgamated when there are “similar acts or omissions in a series of related matters or transactions”. In this case the Supreme Court was asked to give an interpretation of this clause after a number of investors had lost money in development sites in Turkey and Morocco.

When Mrs Jackson died and left her daughter nothing because of a family dispute that had spanned decades, legal action always looked likely. Jackson's daughter argued that she should be entitled to maintenance under the Inheritance (Provision for Family and Dependants) Act 1975 but the exact amount she should receive was unclear. Ultimately it would be up to the Supreme Court to determine what "reasonable financial provision" means.

When a case drags on for almost 15 years without a resolution something has to be done to offer some finality. The Court of Appeal hoped to do this by remitting this Nigerian enforcement action to the Commercial Court but when they also required a $100million security payment the NNPC appealed to the Supreme Court.

When a local authority applies for parental responsibility in respect of a child what sort of investigations should the court carry out before making the order? In this podcast we answer this question and explore wider issues relating to child welfare and the role of the state.

In a major decision today on the subject of term time holidays for children the Supreme Court held that the concept of 'regular attendance' should be applied strictly and at the discretion of the headteacher. In this bonus episode we look at the three key points to take away from the case.

When S J & J Monk were redeveloping some office space a question arose as to the property's value for rating purposes given the wording of Schedule 6 to the Local Government Finance Act 1988. The difference between the two tax bills would be around £100,000 and so in this episode we discuss the final decision in the Supreme Court as well as the wider implications for the economy of the UK.

When torts occur across national boundaries as is often the case nowadays in a globalised world there can be some dispute as to the jurisdiction that should hear the case. This was especially complicated in the context of this case where there was an exclusive jurisdiction clause in the contract. The EU's Judgments Regulation seeks to address these issues and seeks a regime that means there will not be concurrent and contradictory decisions in different Member States. In this episode we look at how the Supreme Court dealt with all of these various factors.

This case looks at the controversial area of compulsory purchase orders and in particular the vague regime that currently exists governing it. When one valuation of a piece of land is £50,000 and the other is £2.5 million there is clearly a problem with the current system. The Supreme Court took the opportunity to try and provide some clarification but in this podcast we also look at potential changes to the statutory regime from the Neighbourhood Planning Bill.

The Supreme Court dealt with yet another immigration case this week and how the Immigration Rules interact with Article 8 of the European Convention on Human Rights. In this case two women were residing unlawfully in the UK but had formed relationships during their stay. They appealed against the refusal by the Home Secretary to grant them leave to remain and so this allowed for an interrogation of the rules relating to such relationships. Music from bensound.com

A 2012 amendment to the Immigration Rules established a minimum income requirement of £18,600 per year for applicants outside of the European Economic Area to join their spouse or civil partner in the UK. In these appeals this amendment was challenged on the basis of Article 8 of the European Convention on Human Rights (right to privacy and family life) as well as the effect on children in the light of s. 55 of the Borders, Citizenship and Immigration Act 2009. Music from bensound.com

A number of protesters were arrested in the run up to the royal wedding between Prince William and Kate Middleton in April 2011 and then released after the festivities were over. The legal claim in this case centred on the deprivation of liberty under Article 5 of the European Convention on Human Rights and in particular the exceptions that exist under Articles 5(1)(b) and (c). By the time the case was decided upon in the Supreme Court a similar case had already made it to the European Court of Human Rights (Ostendorf v Germany [2015]) but it was unclear what impact this would have on the final ruling for Hicks.

When Denise Brewster's fiancé tragically died shortly after Christmas she was potentially going to be left without access to his pension because of a bureaucratic slip-up that meant she had never been formally nominated. After her appeal was rejected the government changed the law in England, Wales and Scotland but Brewster was still denied justice in Northern Ireland. In this case she appealed to the Supreme Court against the decision.

The 'flag protests' that swept Northern Ireland in late 2012 and into 2013 caused widespread disturbances and violence in Belfast. This judicial review case brought against the police challenged their decision not to put a stop to these protests that they had not been notified of beforehand.

Shares worth more than $300m were transferred to Samba Financial Group from Al-Sanea who held those shares on trust for Saad Investments Co Ltd. The problem was that Saad Investments Co Ltd had alreadyy gone into liquidation six weeks prior. In examining whether this transaction was void the Supreme Court had to consider international law, Saudi Arabian law and the law of the Cayman Islands. What does this perspective tell us about our own English legal system and its role in the world? Music from bensound.com

Most people would vacate a space designated for a wheelchair user on a bus but what powers does a bus driver have if a person refuses to move? To what extent should the government step in to legislate on this? Music from bensound.com

In R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union [2017] UKSC 5 the Supreme Court gave the final word on the process that needs to be taken for triggering Article 50 TFEU and getting Brexit underway.

In the first three cases of 2017 the Supreme Court made some major decisions on the liability of the UK government for actions committed abroad in pursuit of the foreign policy at the time. Music from bensound.com

Docherty was convicted in a criminal trial and was considered to be a 'dangerous offender'. He was sentenced to imprisonment for public protection (IPP) under the old sentencing regime of the Criminal Justice Act 2003 but argued he should have been sentenced under the new regime to an extended determinate sentence (EDS) under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. In this podcast we explore the decision by the Supreme Court as well as the implications for criminal and social justice. Music from bensound.com

This criminal law case revolved around the interpretation of the phrase 'substantially impaired' in the context of a murder case and the purported diminished responsibility of the defendant. The underlying issue goes much deeper however and addresses the role of judges and juries in trials. Music from bensound.com

How do the courts balance the need to deport foreign criminals against their right to see their children? Music from bensound.com

The bedroom tax has proved to be one of the most controversial policies in recent times. In this judicial review the Supreme Court examined whether the impact on a range of vulnerable people breached their human rights. Music from bensound.com

Johnson has spent almost the entirety of his life in the UK but after he was convicted for manslaughter the Home Secretary tried to deport him as a 'foreign criminal'. Johnson appealed this on the basis that the current immigration rules discriminated against him because his parents were unmarried. Music from bensound.com

What happens when the prosecution wants to prove that a defendant has a propensity towards violence during a trial? After a rather vague direction in this Northern Irish case the Supreme Court had to decide how propensity works and the burden of proof required from the prosecution. Music from bensound.com

In this second special episode reporting on the Brexit case being heard in the Supreme Court we focus on the arguments of the respondent and analyse how well they hold up before concluding on their chance of success when a decision is handed down in January.

The Brexit case concerning the triggering of article 50 is underway at the Supreme Court and in this update episode we look at the government's arguments and consider just how convincing they are.

Should HMRC be allowed to disclose information about a company's tax affairs as part of a campaign to name and shame tax avoidance schemes? In this judicial review application the Supreme Court took a slightly unique approach. Music from bensound.com

At the time of this case men in the UK retired at age 65 and women retired at age 60. At what age should a woman who was born a man retire? And what happens when the Supreme Court can't make up its mind? Music from bensound.com

Ms Moreno was involved in a serious accident with an uninsured driver when on holiday in Greece. Should the compensation she is owed be based on UK or Greek law? The Supreme Court resolves an apparent contradiction between UK and EU law. Music from bensound.com

The Named Person Scheme in Scotland has proven to be a controversial policy. Some argue that it helps vulnerable young people while others see it as a further intrusion by the nanny state. This judicial review case challenged the legality of the Scheme. Music from bensound.com

In one of the most high profile cases of the year the High Court had to decide whether the government could use the royal prerogative to trigger Article 50 TFEU following the EU referendum in June 2016. Music from bensound.com

Despite Winter setting in we are off to the seaside this week. After Hastings Borough Council had to shut down their pier in 2006 one of the companies who owned an amusement arcade and bingo tried to claim compensation under the Building Act 1984. However would their alleged infractions of the Occupiers' Liability Act 1957 and Health and Safety at Work Act 1974 work against them? Music from bensound.com

If an insurer is sceptical about the extent of a claimant's injuries can they later set aside a settlement that has been reached once they have more evidence of the deceit? Music from bensound.com

The killer clowns craze is sweeping the nation and the police are threatening to charge those caught with public order offences. What exactly does this mean in the context of the legal system in England and Wales? Music from bensound.com

In 2012 Lee-Hirons was recalled to a secure hospital but policy was not followed meaning he had not been given a full explanation for this decision. Did this make the detention unlawful? Music from bensound.com

In this case the Supreme Court made a decision as to whether malicious prosecution should be available in civil litigation. Music from bensound.com

The row over junior doctors' contracts has spilled over to the courts as the campaign group Justice for Health took on the Health Secretary Jeremy Hunt in a judicial review.

In Patel v Mirza [2016] UKSC 42 a panel of nine judges were asked when illegality should bar a claim. The question goes back almost 250 years to the case of Holman v Johnson (1775) where Lord Mansfield said "no court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act". This strict principle has however been loosened over the years and now the Supreme Court must define clear rules.

When a tenant trips up on the paved area just outside his block of flats is it the landlord who is to blame? The Supreme Court investigates with reference to section 11 of the Landlord and Tenant Act 1986. Music from bensound.com

After the Legal Aid, Sentencing and Punishment of Offenders Act 2012 reduced the availability of legal aid in the UK the Lord Chancellor sought to take this further by preparing a draft order that would introduce a residency test. The Public Law Project challenged this measure on the basis that it would be ultra vires and unjustifiably discriminatory.

When does criminal liability lead to civil liability? That was the question the supreme court had to answer in the Scottish case of Campbell v Gordon [2016] UKSC 38 in the context of the Employers' Liability (Compulsory Insurance) Act 1969. A literalist approach to the statute would leave Campbell unable to claim from his former employer for damages while a more purposive approach would allow the statute to be used to protect his rights in the civil courts. Music from bensound.com

A ferry crash off the coast of Egypt in February 2006 led to the deaths of 1,000 people. Since then families of victims have pursued the chairman of the ferry company Mamdouh Ismail for justice. Egyptian authorities requested that the Home Secretary serve the judgment of the Egyptian courts on Ismail but would doing so breach Article 6 ECHR? Music from bensound.com

The Labour party leadership contest took another turn this week as the NEC decided to appeal a decision that would have allowed as many as 150,000 new supporters to vote. Was this a simple case of contract interpretation for the Court of Appeal or are there wider issues of democracy in UK politics at play?

Jeremy Corbyn was given a huge boost to his chances of re-election to the Labour leadership position today as the High Court decided that new members who had joined after the 'freezing point' of 12th January 2016 should be allowed to vote in the upcoming leadership contest.

A bonus episode that looks at the decision in National Aids Trust v NHS England [2016] EWHC 2005 (Admin) that states the NHS are not prevented from providing the groundbreaking new drug PREP to those who are most at risk from contracting HIV. Music from bensound.com

The case of Goluchowski v District Court in Elblag, Poland [2016] UKSC 36 distinguishes between European Arrest Warrants in accusation and conviction cases.

The people of the Chagos Islands were forcibly removed from their homes in the 1960s by the British government. For the last 50 years they have been fighting a legal battle to return and this case is the latest installment from the UK Supreme Court.

A bonus flashback podcast that takes a fresh look at Carlill v Carbolic Smokeball Co. [1892] EWCA Civ 1, [1893] 1 QBD 484. Examines unilateral offers and the elements of a contract under UK law.