Podcasts by UK Law Weekly
A weekly podcast on recent legal decisions and news.
Further podcasts by Marcus Cleaver
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FirstPort Property Services Ltd v Settlers Court RTM Co. [2022] UKSC 1 from 2022-02-21T18:14:42
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 exis...
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HM Attorney General v Crosland [2021] UKSC 58 from 2022-02-14T18:00:17
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.
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McQuillan, McGuigan and McKenna [2021] UKSC 55 from 2022-02-07T18:35:22
Two incidents from the Troubles raise questions about the state's obligation to investigate deaths under the European Convention on Human Rights.
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Lloyd v Google LLC [2021] UKSC 50 from 2022-01-31T18:00:05
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.
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R (Majera) v Secretary of State for the Home Department [2021] UKSC 46 from 2022-01-24T18:00:14
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.
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FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45 from 2022-01-17T19:16:27
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.
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Anwar v Advocate General for Scotland [2021] UKSC 44 from 2022-01-10T18:00:02
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 ...
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Ho v Adelkun [2021] UKSC 43 from 2022-01-03T18:00:02
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...
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References by the Attorney General and Advocate General for Scotland [2021] UKSC 42 from 2021-12-20T20:13:24
Two bills from the Scottish Parliament are questioned before the Supreme Court for fear that they go beyond the legislative competence of Holyrood.
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R (TN) (Vietnam) v Secretary of State for the Home Department [2021] UKSC 41 from 2021-12-13T22:29:23
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.
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Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 from 2021-12-06T20:03:47
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 o...
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Tinkler v Commissioners for HMRC [2021] UKSC 39 from 2021-11-29T18:00:14
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 ...
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R (BF (Eritrea)) v Secretary of State for the Home Department [2021] UKSC 38 from 2021-11-22T18:00:09
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...
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R (A) v Secretary of State for the Home Department [2021] UKSC 37 from 2021-11-15T21:07:07
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....
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CPRE Kent v Secretary of State for Communities and Local Government [2021] UKSC 36 from 2021-11-08T22:39:13
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.
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In the Matter of T (A Child) [2021] UKSC 35 from 2021-11-01T19:03:02
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...
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X v Kuoni Travel Ltd [2021] UKSC 34 from 2021-10-25T17:00:12
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 n...
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Royal Mail Group Ltd v Efobi [2021] UKSC 33 from 2021-10-18T17:00:10
An accusation of racial discrimination against Royal Mail raises interesting questions about the test to be applied in these claims.
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Special Episode - Interview with law101.info from 2021-10-04T17:00:10
In this special bumper edition of the podcast I play the audio from a recent interview I gave to law101.info
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Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32 from 2021-09-27T21:43:22
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 ...
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Franked Investment Income Group Litigation [2021] UKSC 31 from 2021-09-21T18:03:03
The latest update from the Franked Investment Income Group Litigation.
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Sanambar v Secretary of State for the Home Department [2021] UKSC 30 from 2021-09-13T21:05:52
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 Ir...
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Triple Point Technology Inc. v PTT Public Company Ltd [2021] UKSC 29 from 2021-09-07T20:52:06
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...
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R (AB) v Secretary of State for Justice [2021] UKSC 28 from 2021-08-30T17:04:07
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...
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A & B v Criminal Injuries Compensation Authority [2021] UKSC 27 from 2021-08-24T17:09:49
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 compensatio...
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R (SC, CB & 8 Children) v Secretary of State for Work and Pensions [2021] UKSC 26 from 2021-08-17T20:03:40
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.
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R (Haworth) v Commissioners for HMRC [2021] UKSC 25 from 2021-08-09T17:00:05
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 judicia...
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Secretary of State for Health v Servier Laboratories [2021] UKSC 24 from 2021-08-04T18:22:42
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 ...
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DPP v Ziegler [2021] UKSC 23 from 2021-07-26T20:31:10
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.
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General Dynamics UK Ltd v State of Libya [2021] UKSC 22 from 2021-07-19T17:00:10
What happens when you sue a country? In particular how do you serve notice on that country and what rules apply?
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Manchester Building Society v Grant Thornton [2021] UKSC 20 & Khan v Meadows [2021] UKSC 21 from 2021-07-05T17:00:20
In this double episode we look at two tort cases and reflect on the SAAMCO decision.
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Matthew v Sedman [2021] UKSC 19 from 2021-06-29T22:28:59
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?
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R (Fylde Coast Farms Ltd) v Fylde Borough Council [2021] UKSC 18 from 2021-06-21T17:00:19
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.
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Commissioners for HMRC v Tooth [2021] UKSC 17 from 2021-06-14T22:42:58
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.
Hurstwood Properties (A) Ltd v Rossendale BC [2021] UKSC 16 from 2021-06-07T23:05:11
Can the Supreme Court close up a loophole that allows companies to avoid paying local business rates?
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HM Attorney General v Crosland [2021] UKSC 15 from 2021-05-31T21:19:17
What happens when a Supreme Court judgment is leaked to the press?
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Zabolotnyi v The Mateszalka District Court, Hungary [2021] UKSC 14 from 2021-05-24T22:52:05
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 th...
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Rittson-Thomas v Oxfordshire County Council [2021] UKSC 13 from 2021-05-18T08:48:18
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...
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Burnett or Grant v International Insurance Company of Hanover Ltd [2021] UKSC 12 from 2021-05-10T17:00:16
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...
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Balhousie Holdings Ltd v Commissioners for HMRC [2021] UKSC 11 from 2021-05-03T17:00:12
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 i...
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Asda Stores Ltd v Brierley [2021] UKSC 10 from 2021-04-26T17:00:11
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 differe...
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G v G [2021] UKSC 9 from 2021-04-19T20:56:06
What happens when a child abduction case runs up against an asylum claim? Which should take priority?
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Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8 from 2021-04-12T18:51:17
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 w...
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Begum v SoS for the Home Department [2021] UKSC 7 from 2021-04-05T21:59:16
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 decisio...
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Evergreen Marine Ltd v Nautical Challenge Ltd [2021] UKSC 6 from 2021-03-29T17:00:10
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 sh...
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Uber v Aslam [2021] UKSC 5 from 2021-03-22T17:59:59
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 ...
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TW Logistics Ltd v Essex County Council [2021] UKSC 4 from 2021-03-15T18:00:08
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...
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Okpabi v Royal Dutch Shell Plc [2021] UKSC 3 from 2021-03-08T18:00:18
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 cl...
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R (KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2 from 2021-03-01T18:00:12
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? ...
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COVID Insurance Cases [2021] UKSC 1 from 2021-02-22T18:00:18
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 int...
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Three Case Special: [2020] UKSC 51, 52 and 53 from 2021-02-15T18:00:12
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 p...
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R (Gourlay) v Parole Board [2020] UKSC 50 from 2021-02-08T18:00:18
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 ...
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HMRC v London Clubs Management Ltd [2020] UKSC 49 from 2021-02-01T18:00:17
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 HM...
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Halliburton Co. v Chubb Bermuda Insurance Ltd. [2020] UKSC 48 from 2021-01-25T18:00:27
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...
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Franked Investment Income Group Litigation [2020] UKSC 47 from 2021-01-18T18:00:09
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 fu...
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R (Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 from 2021-01-11T18:00:17
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 ...
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Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 from 2021-01-04T18:00:04
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 thi...
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Bonus Episode: A Question of Law Interviews Marcus Cleaver About Brexit from 2020-12-21T18:00:08
Bonus Episode: A Question of Law Interviews Marcus Cleaver About Brexit
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SoS for Health v Servier Laboratories Ltd [2020] UKSC 44 from 2020-12-14T18:00
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.
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Ecila Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 from 2020-12-07T18:00:15
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 Tr...
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Stoffel & Co. v Grondona [2020] UKSC 42 from 2020-11-30T18:00:12
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 neglige...
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R (Pathan) v SoS for the Home Department [2020] UKSC 41 from 2020-11-23T18:00:02
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 ap...
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R (Z) v Hackney LBC [2020] UKSC 40 from 2020-11-16T18:00:11
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 accommoda...
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R (Highbury Poultry Farm Produce Ltd) v CPS [2020] UKSC 39 from 2020-11-09T18:00:09
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 t...
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Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 from 2020-11-02T18:00:04
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 whe...
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The Huawei and ZTE Litigation [2020] UKSC 37 from 2020-10-26T18:00:06
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...
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Peninsula Securities Ltd v Dunnes Stores Ltd [2020] UKSC 36 from 2020-10-19T17:00:24
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 stru...
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Commissioners for HMRC v Parry [2020] UKSC 35 from 2020-10-12T17:00:14
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.
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Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34 from 2020-10-05T17:00:17
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.
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Lehtimäki v Cooper [2020] UKSC 33 from 2020-09-28T17:00:14
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 subjec...
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Sutherland v HM Advocate [2020] UKSC 32 from 2020-09-21T17:00:08
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 p...
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Sevilleja v Marex Financial Ltd [2020] UKSC 31 from 2020-09-14T17:00:08
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 los...
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Villiers v Villiers [2020] UKSC 30 from 2020-09-07T17:00
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.
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R v Hilton [2020] UKSC 29 from 2020-08-31T17:00:07
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 t...
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Commissioners of HMRC v K E Entertainments Ltd [2020] UKSC 28 from 2020-08-24T17:00:07
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 ab...
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Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27 from 2020-08-17T17:00:05
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...
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ABC v Principal Reporter [2020] UKSC 26 from 2020-08-10T17:00:02
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. D...
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Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 from 2020-08-03T17:00:06
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 ins...
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Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC [2020] UKSC 24 from 2020-07-27T17:00:05
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 ...
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Serafin v Malkiewicz [2020] UKSC 23 from 2020-07-20T09:00:40
A defamation case raises much wider questions about the capability of the judiciary in England and Wales.
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Fowler v Commissioners for HMRC [2020] UKSC 22 from 2020-07-13T17:00:05
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...
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Cardtronics UK Ltd v Sykes [2020] UKSC 21 from 2020-07-06T17:00:01
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 the...
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Dill v Secretary of State for Housing, Communities and Local Government [2020] UKSC 20 from 2020-06-29T17:00:02
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.<...
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R v Adams [2020] UKSC 19 from 2020-06-22T17:00:02
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 Secret...
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Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18 from 2020-06-15T17:00:04
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. O...
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AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 from 2020-06-08T17:00:08
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 ...
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R (Palestine Solidarity Campaign) v SoS for Housing, Communities and Local Government [2020] UKSC 16 from 2020-06-01T17:00:07
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 pote...
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Zipvit Ltd v Commissioners for HMRC [2020] UKSC 15 from 2020-05-25T17:00:03
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...
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Whittington Hospital NHS Trust v XX [2020] UKSC 14 from 2020-05-18T17:00:03
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.
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Barclays Bank plc v Various Claimants [2020] UKSC 13 from 2020-05-11T17:00:04
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 numbe...
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WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 from 2020-05-04T17:00:09
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 aga...
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Aspen Underwriting Ltd v Credit Europe Bank NV [2020] UKSC 11 from 2020-04-27T17:00:08
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 ...
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Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 from 2020-04-20T17:00:03
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 w...
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MS v Secretary of State for the Home Department [2020] UKSC 9 from 2020-04-13T17:00:15
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...
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R v Copeland [2020] UKSC 8 from 2020-04-06T17:00:03
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 ...
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R (DN) v Secretary of State for the Home Department [2020] UKSC 7 from 2020-03-30T17:00:02
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 unlawfu...
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Bonus Episode: The Coronavirus Act 2020 from 2020-03-29T12:21:02
In this bonus episode we break down the recently passed Coronavirus Act 2020 and analyse some of the key provisions.
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In the matter of an application by Deborah McGuinness for Judicial Review [2020] UKSC 6 from 2020-03-23T18:00:10
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...
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Micula v Romania [2020] UKSC 5 from 2020-03-16T18:00:08
These longstanding proceedings look at the EU's rules on state aid and how they interact with international arbitration.
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R (Jalloh) v Secretary of State for the Home Department [2020] UKSC 4 from 2020-03-09T18:00
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...
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R (Samuel Smith Old Brewery) v North Yorkshire County Council [2020] UKSC 3 from 2020-03-02T16:37:21
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 som...
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A Reference by the Attorney General for Northern Ireland [2020] UKSC 2 from 2020-02-24T18:00
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 whet...
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FMX Food Merchants Import Export Co Ltd v Commissioners for HMRC [2020] UKSC 1 from 2020-02-17T18:00
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...
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R (Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council [2019] UKSC 53 from 2020-02-10T18:00
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...
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RR v Secretary of State for Work and Pensions [2019] UKSC 52 from 2020-02-03T18:00
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 w...
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R v TRA [2019] UKSC 51 from 2020-01-27T18:00:40
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 o...
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Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 from 2020-01-20T18:00:10
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 h...
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In the Matter of NY (A Child) [2019] UKSC 49 from 2020-01-13T18:00:27
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 ...
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Travelers Insurance Co Ltd v XYZ [2019] UKSC 48 from 2020-01-06T18:00:03
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. ...
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Sequent Nominees Ltd v Hautford Ltd [2019] UKSC 47 from 2019-12-30T18:00:03
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 reasonab...
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The Manchester Ship Canal Co Ltd v Vauxhall Motors Ltd [2019] UKSC 46 from 2019-12-23T18:00:03
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 ha...
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Shanks v Unilever Plc [2019] UKSC 45 from 2019-12-16T18:00:03
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. I...
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Gilham v Ministry of Justice [2019] UKSC 44 from 2019-12-09T18:00:13
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 n...
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Routier v Commissioners for HMRC [2019] UKSC 43 from 2019-12-02T23:50:07
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...
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R (on the application of Miller) v The Prime Minister [2019] UKSC 41 from 2019-11-18T18:00:33
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...
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In the matter of D (A Child) [2019] UKSC 42 from 2019-11-18T18:00:13
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 b...
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Akçil v Koza Ltd [2019] UKSC 40 from 2019-11-11T18:00:03
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 c...
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Commissioners for HMRC v Frank A Smart & Son Ltd [2019] UKSC 39 from 2019-11-04T18:00:12
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 ben...
Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38 from 2019-10-29T16:17:52
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 S...
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X v Kuoni Travel Ltd [2019] UKSC 37 from 2019-10-21T17:00:22
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 ...
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R (Association of Independent Meat Suppliers) v FSA [2019] UKSC 36 from 2019-10-14T17:00:04
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 t...
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Secretary of State for the Home Department v Franco Vomero [2019] UKSC 35 from 2019-10-07T17:00:14
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...
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Secretary of State for Work and Pensions v MM [2019] UKSC 34 from 2019-09-30T22:47:54
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 re...
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London Borough of Lambeth v SoS for Housing, Communities and Local Government [2019] UKSC 33 from 2019-09-09T17:00:06
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 th...
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Tillman v Egon Zehnder Ltd [2019] UKSC 32 from 2019-09-02T17:00:05
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 anothe...
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Secretary of State for Work & Pensions v Gubeladze [2019] UKSC 31 from 2019-08-26T17:00:06
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...
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OWD Ltd v Commissioners for HMRC [2019] UKSC 30 from 2019-08-19T17:00:06
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 busines...
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The Swedish Club v Connect Shipping Inc [2019] UKSC 29 from 2019-08-12T17:00:07
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...
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Samuels v Birmingham City Council [2019] UKSC 28 from 2019-08-05T17:00:05
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 hom...
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Lachaux v Independent Print Ltd [2019] UKSC 27 from 2019-07-29T17:00:05
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...
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In the matter of an application by Dennis Hutchings for Judicial Review [2019] UKSC 26 from 2019-07-22T17:00:44
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 involve...
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Poole Borough Council v GN [2019] UKSC 25 from 2019-07-15T17:00:04
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 ...
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Hancock v Commissioners for HMRC [2019] UKSC 24 from 2019-07-08T17:00:04
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 ...
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Telereal Trillium v Hewitt [2019] UKSC 23 from 2019-07-01T16:59:59
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 ...
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R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 from 2019-06-24T16:59:59
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 c...
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R (DA and DS) v Secretary of State for Work and Pensions [2019] UKSC 21 from 2019-06-17T16:59:59
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 th...
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Vedanta Resources PLC v Lungowe [2019] UKSC 20 from 2019-06-10T17:00:05
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 ...
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R (Derry) v Commissioners for HMRC [2019] UKSC 19 from 2019-06-03T17:00:05
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 £100,0...
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R (Newby Foods Ltd) v Food Standards Agency [2019] UKSC 18 from 2019-05-27T17:00:07
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 ...
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Stocker v Stocker [2019] UKSC 17 from 2019-05-20T17:00:17
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 husban...
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Phoenix Engineering v UK Insurance Ltd [2019] UKSC 16 from 2019-05-13T17:00:09
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 involvi...
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Actavis Group v ICOS Corporation [2019] UKSC 15 from 2019-05-06T11:32:05
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...
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SAE Education Ltd v Commissioners for HMRC [2019] UKSC 14 from 2019-04-29T17:00:09
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...
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Takhar v Gracefield Developments Ltd [2019] UKSC 13 from 2019-04-22T17:00:04
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 court...
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Commissioners for HMRC v Joint Administrators of Lehman Brothers [2019] UKSC 12 from 2019-04-15T17:00:04
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 Brothe...
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Robinson v Secretary of State for the Home Department [2019] UKSC 11 from 2019-04-08T17:00:02
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 t...
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KV v Secretary of State for the Home Department [2019] UKSC 10 from 2019-04-01T17:00:02
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 ...
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In the Matter of an Application by Hugh Jordan for Judicial Review [2019] UKSC 9 from 2019-03-25T18:00:19
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 re...
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Konecny v District Court in Brno-Venkov [2019] UKSC 8 from 2019-03-18T18:00:09
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 warra...
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In the matter of an application by Geraldine Finucane for Judicial Review [2019] UKSC 7 from 2019-03-11T18:00:08
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 de...
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Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6 from 2019-03-04T18:00:03
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 co...
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Perry v Raleys Solicitors [2019] UKSC 5 from 2019-02-25T18:00:06
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 ...
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Wells v Devani [2019] UKSC 4 from 2019-02-18T18:00:05
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 wa...
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R (P, G & W) v Secretary of State for the Home Department [2019] UKSC 3 from 2019-02-11T18:00:05
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 off...
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R (Hallam & Nealon) v Secretary of State for Justice [2019] UKSC 2 from 2019-02-04T20:12:38
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 syst...
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Shepherd v The Information Commissioner [2019] EWCA Crim 2 from 2019-01-28T18:49
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 t...
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Reference by the Attorney General for Northern Ireland of Devolution Issues [2019] UKSC 1 from 2019-01-21T18:00:13
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 po...
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Darnley v Croydon Health Services NHS Trust [2018] UKSC 50 from 2019-01-14T18:00:05
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 h...
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Lee v Ashers Baking Co Ltd [2018] UKSC 49 from 2019-01-07T18:00:05
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 c...
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In the matter of an application by Siobhan McLaughlin for Judicial Review [2018] UKSC 48 from 2018-12-31T18:00:05
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.
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R (AR) v CC of Greater Manchester Police [2018] UKSC 47 from 2018-12-24T18:00:05
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...
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An NHS Trust v Y [2018] UKSC 46 from 2018-12-17T18:00:05
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 invo...
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BONUS - The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [2018] UKSC 64 from 2018-12-14T01:24:38
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 an...
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R (Tag Eldin Ramadan Bashir)v SoS for the Home Department [2018] UKSC 45 from 2018-12-11T23:19:39
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 t...
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Totel Ltd v Commissioners for HMRC [2018] UKSC 44 from 2018-12-03T18:00:14
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 prerequisit...
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BNL v Playboy Club London Ltd [2018] UKSC 43 from 2018-11-26T18:00:04
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 ref...
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R v Mackinlay [2018] UKSC 42 from 2018-11-19T20:14:34
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 ep...
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Owens v Owens [2018] UKSC 41 from 2018-11-12T18:00:08
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 C...
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James-Bowen v Commissioner of Police of the Metropolis [2018] UKSC 40 from 2018-11-05T18:36:07
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 Ahma...
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Prudential Assurance Co Ltd v HMRC [2018] UKSC 39 from 2018-10-29T18:00:03
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 ...
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Mills v Mills [2018] UKSC 38 from 2018-10-22T17:00:03
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 th...
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Williams v London Borough of Hackney [2018] UKSC 37 from 2018-10-15T17:00:09
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 ...
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R v Sally Lane & John Letts [2018] UKSC 36 from 2018-10-08T17:00:09
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 acc...
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Commissioners for HMRC v Taylor Clark Leisure Plc [2018] UKSC 35 from 2018-10-01T17:00:09
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...
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Goldman Sachs International v Novo Banco [2018] UKSC 34 from 2018-09-24T17:00:09
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 ...
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Belhaj v DPP [2018] UKSC 33 from 2018-09-17T17:00:06
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 dissi...
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R (Steinfeld & Keidan) v SoS for International Development [2018] UKSC 32 from 2018-09-10T18:18:21
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 alt...
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JP Whitter Ltd v Commissioners for HMRC [2018] UKSC 31 from 2018-09-03T17:00:06
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 sec...
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Project Blue Ltd v Commissioners for HMRC [2018] UKSC 30 from 2018-08-27T17:00:06
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 o...
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Pimlico Plumbers v Smith [2018] UKSC 29 from 2018-08-20T17:00:08
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 pl...
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Cartier International v British Telecommunications [2018] UKSC 28 from 2018-08-13T17:00:04
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 doi...
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An Application by the Northern Ireland Human Rights Commission for Judicial Review [2018] UKSC 27 from 2018-08-06T23:38:35
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 i...
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Navigators Insurance Co Ltd v Atlasnavios-Navegacao LDA [2018] UKSC 26 from 2018-07-30T17:00:04
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 sig...
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R (Gallaher Group Ltd) v The Competition and Markets Authority [2018] UKSC 25 from 2018-07-23T17:00:04
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 discreti...
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Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24 from 2018-07-16T17:00:04
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 o...
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R v McCool and Harkin [2018] UKSC 23 from 2018-07-09T17:00:04
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 Suprem...
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Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood [2018] UKSC 22 from 2018-07-02T17:00:04
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...
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Edmondson Solicitors Ltd v Haven Insurance Co Ltd [2018] UKSC 21 from 2018-06-25T17:00:04
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 Solicito...
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Morris-Garner v One Step (Support) Ltd [2018] UKSC 20 from 2018-06-18T17:00:14
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 outc...
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JSC BTA Bank v Khrapunov [2018] UKSC 19 from 2018-06-11T17:00:04
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. Meanw...
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Dryden v Johnson Matthey Plc [2018] UKSC 18 from 2018-06-04T17:00:02
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 straightforw...
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In the matter of an application by Kevin Maguire for Judicial Review [2018] UKSC 17 from 2018-05-28T17:00:02
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'...
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Reilly v Sandwell MBC [2018] UKSC 16 from 2018-05-21T17:00:02
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...
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Iceland Foods Ltd v Berry (Valuation Officer) [2018] UKSC 15 from 2018-05-14T17:00:02
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 'to...
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Burnden Holdings (UK) Ltd v Fielding [2018] UKSC 14 from 2018-05-07T17:00:06
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 betw...
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Steel v NRAM Ltd (Scotland) [2018] UKSC 13 from 2018-04-30T17:00:06
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 par...
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Barton v Wright Hassall LLP [2018] UKSC 12 from 2018-04-23T17:00:03
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 con...
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Commissioner of Police of the Metropolis v DSD [2018] UKSC 11 from 2018-04-16T17:00:03
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...
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R (Mott) v Environment Agency [2018] UKSC 10 from 2018-04-09T17:00
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 r...
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SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 from 2018-04-02T22:07:20
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 ...
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In the Matter of C (Children) [2018] UKSC 8 from 2018-03-26T18:55:05
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 prot...
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HM Inspector of Health and Safety v Chevron North Sea Ltd [2018] UKSC 7 from 2018-03-19T23:27:21
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 th...
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The Advocate General for Scotland v Romein [2018] UKSC 6 from 2018-03-12T23:08:51
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 gr...
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B (Algeria) v SoS for the Home Dept [2018] UKSC 5 from 2018-03-05T21:57:14
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 d...
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Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4 from 2018-02-26T21:59:51
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 ...
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R (Bancoult No. 3) v SoS for Foreign and Commonwealth Affairs [2018] UKSC 3 from 2018-02-19T20:03:09
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 marin...
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R (Gibson) v Secretary of State for Justice [2018] UKSC 2 from 2018-02-05T21:36:48
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 amou...
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R (Haralambous) v Crown Court at St Albans [2018] UKSC 1 from 2018-01-29T23:29:57
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 revie...
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C-42/17 Taricco II from 2018-01-22T19:18:12
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...
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R (Black) v SoS for Justice [2017] UKSC 81 from 2018-01-15T20:48:12
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 ...
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O'Connor v Bar Standards Board [2017] UKSC 78 from 2018-01-08T20:55:19
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 ...
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Ivey v Genting Casinos [2017] UKSC 67 from 2017-12-25T22:01:29
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 w...
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P v Commissioner of Police of the Metropolis [2017] UKSC 65 from 2017-12-18T20:12:13
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 dismi...
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Armes v Nottinghamshire CC [2017] UKSC 60 from 2017-12-11T19:30:50
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 p...
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BPP v Commissioners for HMRC [2017] UKSC 55 from 2017-12-04T21:57:07
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 ...
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Sadovska v SoS for the Home Department [2017] UKSC 54 from 2017-11-27T19:43:22
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 face...
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McDonald v Newton or McDonald [2017] UKSC 52 from 2017-11-20T22:25:24
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 o...
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R (UNISON) v Lord Chancellor [2017] UKSC 51 from 2017-11-13T18:58:18
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 O...
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Bonus Episode - Aslam v Uber [2017] Employment Appeal Tribunal from 2017-11-11T21:10:03
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.
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Khuja v Times Newspapers Ltd [2017] UKSC 49 from 2017-11-06T20:20:07
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 Eu...
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Actavis UK Ltd v Eli Lilly and Company [2017] UKSC 48 from 2017-10-30T18:58:09
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...
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Walker v Innospec Ltd [2017] UKSC 47 from 2017-10-23T18:07:04
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 W...
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RFC 2012 Plc v Advocate General for Scotland [2017] UKSC 45 from 2017-10-16T20:34:30
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 ...
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Lord Advocate (Representing the Taiwanese Judicial Authorities) v Dean [2017] UKSC 44 from 2017-10-09T19:06:32
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....
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R (Kiarie and Byndloss) v SoS for the Home Department [2017] UKSC 42 from 2017-10-02T17:41:49
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 case...
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R (A and B) v Sos for Health [2017] UKSC 41 from 2017-09-25T18:21:35
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 ...
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R (Coll) v SoS for Justice [2017] UKSC 40 from 2017-09-11T18:40:48
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...
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King Edward VI College v Hartley [2017] UKSC 39 from 2017-09-04T17:40:41
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 o...
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The Lehman Brothers Case [2017] UKSC 38 from 2017-08-28T17:25:47
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 repercussion...
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Suffolk Coastal District Council v Hopkins Homes Ltd [2017] UKSC 37 from 2017-08-21T18:39:38
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...
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Nuclear Decommissioning Authority v EnergySolutions EU Ltd [2017] UKSC 34 from 2017-08-14T19:43:12
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 ...
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Times Newspapers Ltd v Flood [2017] UKSC 33 from 2017-08-07T16:46:45
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...
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McCann v The State Hospitals Board for Scotland [2017] UKSC 31 from 2017-07-31T20:17:52
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....
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SXH v The Crown Prosecution Service [2017] UKSC 30 from 2017-07-17T18:53:47
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 Card...
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Isle of Wight Council v Platt [2017] UKSC 28 from 2017-07-03T20:14:46
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...
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Essop v Home Office; Naeem v SoS for Justice [2017] UKSC 27 from 2017-06-26T17:37:41
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 part...
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AB v HM Advocate [2017] UKSC 25 from 2017-06-19T19:13:05
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 becaus...
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Wood v Capita Insurance Services Ltd [2017] UKSC 24 from 2017-06-12T19:13:13
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 obl...
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Supreme Court Considers the Charlie Gard Case from 2017-06-09T14:50:10
In a Permission to Appeal ruling the Supreme Court considers the heart-breaking case of Charlie Gard.
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N v ACCG [2017] UKSC 22 from 2017-06-05T19:46:31
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 resour...
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BPE Solicitors v Hughes-Holland (in substitution for Gabriel) [2017] UKSC 21 from 2017-05-29T18:35:45
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 deve...
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Gordon v Scottish Criminal Cases Review Commission [2017] UKSC 20 from 2017-05-15T18:41:43
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 b...
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Financial Conduct Authority v Macris [2017] UKSC 19 from 2017-05-08T20:28:51
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...
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AIG Europe Ltd v Woodman [2017] UKSC 18 from 2017-05-01T20:33:20
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 “si...
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Ilott v The Blue Cross [2017] UKSC 17 from 2017-04-24T22:16:39
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...
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IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2017] UKSC 16 from 2017-04-17T23:05
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 ...
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In the matter of EV (A Child) (Nos. 1 & 2) (Scotland) [2017] UKSC 15 from 2017-04-10T19:09:10
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 quest...
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Term Time Holidays - 3 Key Points from 2017-04-06T18:47:33
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 h...
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Newbigin v S J & J Monk [2017] UKSC 14 from 2017-04-03T20:03:02
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 d...
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AMT Futures Ltd v MMGR [2017] UKSC 13 from 2017-03-27T18:05:49
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 compl...
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Homes and Communities Agency v J S Bloor (Wilmslow) Ltd [2017] UKSC 12 from 2017-03-20T20:17:11
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 t...
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R (Agyarko) v Secretary of State for the Home Department [2017] UKSC 11 from 2017-03-13T19:51:37
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 res...
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R (MM (Lebanon)) v SoS for the Home Department [2017] UKSC 10 from 2017-03-06T22:43:13
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 ...
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R (Hicks) v Commissioner of Police for the Metropolis [2017] UKSC 9 from 2017-02-27T20:33:20
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...
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In the matter of an application by Denise Brewster for Judicial Review [2017] UKSC 8 from 2017-02-20T20:41:01
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 b...
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DB v Chief Constable of Police Service of Northern Ireland [2017] UKSC 7 from 2017-02-13T21:21:26
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 th...
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Akers v Samba Financial Group [2017] UKSC 6 from 2017-02-06T18:46:16
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 alr...
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FirstGroup Plc (Respondent) v Paulley [2017] UKSC 4 from 2017-01-30T22:35:56
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 legisl...
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Brexit: The final decision on Article 50 [2017] UKSC 5 from 2017-01-24T22:13:41
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 ...
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Government on Trial? [2017] UKSC 1, 2, 3 from 2017-01-23T21:55:18
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.
R v Docherty [2016] UKSC 62 from 2017-01-16T22:30:20
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 Crimi...
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R v Golds [2016] UKSC 61 from 2017-01-09T21:35:38
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 un...
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Makhlouf v SoS for the Home Department [2016] UKSC 59 from 2017-01-01T19:15:24
How do the courts balance the need to deport foreign criminals against their right to see their children?
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R (Carmichael and Rourke) v SoS for Work and Pensions [2016] UKSC 58 from 2016-12-27T00:08:19
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 breach...
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R (Johnson) v Secretary of State for the Home Department [2016] UKSC 56 from 2016-12-19T19:09:33
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 ...
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R v Mitchell (Northern Ireland) [2016] UKSC 55 from 2016-12-12T21:42:30
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 ...
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Brexit Case - Gina Miller's Arguments from 2016-12-08T22:19:56
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...
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Brexit Case - The Government's Arguments from 2016-12-06T23:23:50
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.
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R (Ingenious Media Holdings plc) v Commrs. for HMRC [2016] UKSC 54 from 2016-12-05T20:41:31
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 too...
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MB v SoS for Work and Pensions [2016] UKSC 53 from 2016-11-30T23:54:20
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...
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Moreno v The Motor Insurers' Bureau [2016] UKSC 52 from 2016-11-23T22:20:47
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 appar...
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The Christian Institute v The Lord Advocate [2016] UKSC 51 from 2016-11-15T22:36:48
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 jud...
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R(Miller) v SoS for Exiting the European Union [2016] EWHC 2768 (Admin) from 2016-11-09T03:11
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 ...
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Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 from 2016-10-31T21:12:20
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 ...
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Hayward v Zurich Insurance Company plc [2016] UKSC 48 from 2016-10-24T20:50:48
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?
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#KillerClowns - Legal Perspectives from the UK from 2016-10-19T20:05:23
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 En...
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Lee-Hirons v Secretary of State for Justice [2016] UKSC 46 from 2016-10-17T19:16:01
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?
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Willers v Joyce [2016] UKSC 43 & 44 from 2016-10-10T21:11:13
In this case the Supreme Court made a decision as to whether malicious prosecution should be available in civil litigation.
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Bonus Episode - R (Justice for Health) v SoS for Health [2016] EWHC 2338 (Admin) from 2016-09-29T22:53:21
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.
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Patel v Mirza [2016] UKSC 42 from 2016-09-27T00:59:26
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 ...
Edwards v Kumarasamy [2016] UKSC 40 from 2016-09-14T20:13:05
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 A...
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R (on the application of The Public Law Project) v Lord Chancellor [2016] UKSC 39 from 2016-09-03T21:10:26
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 ...
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Campbell v Gordon [2016] UKSC 38 from 2016-08-29T21:46:21
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'...
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R (Ismail) v Secretary of State for the Home Department [2016] UKSC 37 from 2016-08-23T21:22:28
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. Eg...
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Evangelou v McNicol [2016] EWCA Civ 817 from 2016-08-17T21:47:07
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 ...
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Evangelou v McNicol [2016] EWHC 2058 (QB) from 2016-08-08T17:38:37
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 12...
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Bonus Episode - National Aids Trust v NHS England [2016] EWHC 2005 (Admin) from 2016-08-05T17:45:03
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 tho...
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Goluchowski v District Court in Elblag, Poland [2016] UKSC 36 from 2016-08-02T14:50:32
The case of Goluchowski v District Court in Elblag, Poland [2016] UKSC 36 distinguishes between European Arrest Warrants in accusation and conviction cases.
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R (Bancoult (No. 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35 from 2016-07-27T23:59:11
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...
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Bonus Episode - Carlill v Carbolic Smokeball Co [1892] EWCA Civ 1 from 2016-07-23T21:21:41
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.
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