UK Law Weekly

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

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

When a bank fails it is split up into a 'good bank' and a 'bad bank'. The assets and liabilities that pass to each can vary but after it was decided that a large debt owed by the former Portuguese bank 'Banco Espírito Santo' would not pass to the good bank this was challenged by Goldman Sachs who argued that the agreement's jurisdiction clause meant that the UK courts should decide. In this episod...

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

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

The Construction Industry Scheme has been in operation since the early 1970s and aimed to not only provide a means for the government to collect tax but also to crack down on tax evasion in the sector. Trusted sub-contractors can be awarded certificates that exempt them from the requirements of the Scheme and so JP Whitter were not happy when their certificate was cancelled. Their appeal against t...

With a thriving Muslim population and growing investment from the Middle East there is a need for Islamic financial practices to be integrated into English law. This case revolves around the sale of the historical Chelsea Barracks by the Ministry of Defence to Qatari investors who used a form of Islamic finance. Problems arose when the investors tried to use a loophole to avoid paying stamp duty o...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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