UK Law Weekly

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

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

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

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

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

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

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

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

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

The use of Viagra as treatment for erectile dysfunction is well known but there are alternatives that exist which arguably work more effectively. In this episode we examine a patent relating to the dosage used for one such alternative, Cialis. However in order to achieve a patent there has to be an 'inventive step' taken and so the question in this case is whether simply working out the correct do...

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

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

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

The Immigration Rules are an integral part of the legal system but have been criticised for their complexity and prescriptive nature. In this week's episode we examine the rules in the context of the proposed deportation of Robinson who came to the UK as a child but has committed multiple criminal offences. He wanted to appeal the decision following the recent birth of his child but a jurisdiction...

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

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

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

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

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

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

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

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

Wrongful conviction cases and miscarriages of justice are always of great interest to the media as they provide a mystery while simultaneously highlighting failures within our criminal justice system. However not much is made of what happens once the conviction is overturned and the innocent have to return to their lives outside prison walls. Something that can be of great help is compensation fro...

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

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