UK Law Weekly

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

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

When torts occur across national boundaries as is often the case nowadays in a globalised world there can be some dispute as to the jurisdiction that should hear the case. This was especially complicated in the context of this case where there was an exclusive jurisdiction clause in the contract. The EU's Judgments Regulation seeks to address these issues and seeks a regime that means there will n...

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

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

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

A number of protesters were arrested in the run up to the royal wedding between Prince William and Kate Middleton in April 2011 and then released after the festivities were over. The legal claim in this case centred on the deprivation of liberty under Article 5 of the European Convention on Human Rights and in particular the exceptions that exist under Articles 5(1)(b) and (c). By the time the cas...

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

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

Shares worth more than $300m were transferred to Samba Financial Group from Al-Sanea who held those shares on trust for Saad Investments Co Ltd. The problem was that Saad Investments Co Ltd had alreadyy gone into liquidation six weeks prior. In examining whether this transaction was void the Supreme Court had to consider international law, Saudi Arabian law and the law of the Cayman Islands. What...

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

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

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

Docherty was convicted in a criminal trial and was considered to be a 'dangerous offender'. He was sentenced to imprisonment for public protection (IPP) under the old sentencing regime of the Criminal Justice Act 2003 but argued he should have been sentenced under the new regime to an extended determinate sentence (EDS) under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. In this...

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

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

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

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

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

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

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

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

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

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

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