UK Law Weekly

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 half an hour and so in this case we examine the potential liability of the NHS Trust for the damage suffered. Music from bensound.com

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 come out on top? In this episode we also consider the potential impact of the decision on the law moving forward. Music from bensound.com

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. Music from bensound.com

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 to protect the public. In this case the Supreme Court decides whether AR's acquittal in a rape trial should be revealed to his prospective employer. Music from bensound.com

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 involve resorting to the courts. Consideration in this episode is given to common law, statute law and human rights law. Music from bensound.com

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 and Scotland now stand from a legal and political perspective.

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 their bid to be admitted to the UK and the lawfulness of the Home Office's actions with respect to international law. Music from bensound.com

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 prerequisite. In this episode we discuss whether this is contrary to the EU law principle of equivalence and consider what role the courts have to play when it comes to scrutinising procedural rules set out by gove...

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 reference but the presence of a third party raised questions about the existence of a duty of care. Music from bensound.com

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 episode we explore the origins of that debate by looking at election law and its impact on a key battleground for the 2015 general election. Music from bensound.com

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 Causes Act 1973. Normally this causes little fuss as divorce petitions are rarely defended. One exception is in this week's case where a judge found that the ground for divorce had not been established an...

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 Ahmad pursued legal action for assault. As the case dragged on it was suggested that the Commissioner was not exactly as supportive of their officers as might be hoped and so the present case was brought in...

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 pay when refunding tax that had been collected by mistake. Precedent suggested that compound interest was owed even though this might cost the UK taxpayer £5 billion but it was up to the Supreme Court to...

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 think about divorce law? In this episode we examine a case that involves a former wife not spending her money very wisely and then her subsequent request for more money from her ex-husband. This received a...

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 must be real and voluntary but does it also need to be informed consent so that parents are aware of their rights? In this episode we discuss the Supreme Court's response to that question and also consid...

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