UK Law Weekly

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

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

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

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

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

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

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

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

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

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

El Shafee Elsheikh was involved with ISIS and is alleged to have been involved in the beheadings of 27 citizens from the UK and the US. The UK provided legal assistance to the Americans but broke with convention by not requiring assurances that the evidence would not be used as part of a prosecution that could lead to the imposition of the death penalty. In this judicial review claim that decision...

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

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

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

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

Michael Stone is a loyalist terrorist who is currently behind bars for a range of politically-motivated crimes. The thirty year tariff on his sentence was due to expire in 2018 but this ignored the fact that he had been released for a period of time after the Good Friday Agreement. Whether or not this should count as part of the time served is the subject of this application but first of all the J...

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

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

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

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

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

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

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

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

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