UK Law Weekly

The Scottish smoking ban in hospital grounds has been a source of contention since being passed by the Scottish Parliament and in this case we see a challenge from a detained mental health patient. The ban in this instance also invovled searching for and confiscating tobacco and so the case reliednot only on domestic legislation but human rights grounds as well. Music from bensound.com

When SXH came to the UK as an asylum seeker she arrived on a false passport. The Crown Prosecution Service decided that it was in the public interest to pursue a prosecution under the Identity Cards Act 2006. Further research into SXH's case changed their mind but in this case before the Supreme Court she argued that the original decision was a breach of her human rights under Article 8 of the Eur...

When Mr Platt took his daughter out of school during term time for a holiday in Florida he was landed with a penalty notice from Isle of Wight Council. The case made its way up to the Supreme Court and garnered national headlines as the following question had to be decided: what does it mean to attend school regularly? Music from bensound.com

In these conjoined appeals the question for the Supreme Court concerned indirect discrimination. This is where an employer puts a provision in place for all employees but the overall effect is particularly disadvantageous for certain groups with protected characteristics. Essop was required to pass a 'Core Skills Assessment' but statistics showed that older and BME candidates struggled when compar...

When AB was prosecuted for having sexual intercourse with an underage girl he wanted to rely on the defence that he reasonably believed the girl to be 16. When he was denied this opportunity because of previous criminal charges, AB claimed that this was in breach of his human rights. Music from bensound.com

When Wood sold his company to Capita it transpired after an internal review that insurance policies had been misrepresented to customers. Capita tried to recover the compensation that they were obliged to pay out but Wood disputed this on the basis of the wording of the sales agreement. In this episode we discuss how the Supreme Court approaches the interpretation of contracts. Music from bensound...

In a Permission to Appeal ruling the Supreme Court considers the heart-breaking case of Charlie Gard.

N is a severely disabled man in his twenties who requires care by the NHS. His family would like to be much more involved in his care but this would put greater strain on the already limited resources of the local authority.. This week's episode analyses this dispute and examines the role of the Court of Protection. Music from bensound.com

Mr Gabriel went bankrupt because of a bad investment but not many things went right for him along the way. His 'friend' Mr Little tricked him into thinking the money would be used as part of a development project and his solicitor did not properly inform him and drew up incorrect paperwork. In this case for negligence the Supreme Court examined the but-for test and in particular the so-called SAAM...

Gordon was convicted of rape and sentenced to five years but there were a couple of problems with the way that the investigation was carried out. He was not allowed access to legal counsel either before or during the police interview and the semen sample retrieved was not subject to DNA analysis. The Scottish Criminal Case Review Commission refused to take a second look at the conviction and so in...

How much information would have to be given in order to be able to identify you without actually saying your name? This sounds like a game of 20 questions but the Supreme Court faced a very similar problem this week with serious consequences hanging on to their decision. Music from bensound.com

When a solicitor neglects their duty there is indemnity insurance available based on minimum terms and conditions set by the Law Society. Such claims can, however, be amalgamated when there are “similar acts or omissions in a series of related matters or transactions”. In this case the Supreme Court was asked to give an interpretation of this clause after a number of investors had lost money in de...

When Mrs Jackson died and left her daughter nothing because of a family dispute that had spanned decades, legal action always looked likely. Jackson's daughter argued that she should be entitled to maintenance under the Inheritance (Provision for Family and Dependants) Act 1975 but the exact amount she should receive was unclear. Ultimately it would be up to the Supreme Court to determine what "re...

When a case drags on for almost 15 years without a resolution something has to be done to offer some finality. The Court of Appeal hoped to do this by remitting this Nigerian enforcement action to the Commercial Court but when they also required a $100million security payment the NNPC appealed to the Supreme Court.

When a local authority applies for parental responsibility in respect of a child what sort of investigations should the court carry out before making the order? In this podcast we answer this question and explore wider issues relating to child welfare and the role of the state.

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...