Marcus Cleaver
UK Law Weekly
A weekly podcast on recent legal decisions and news.
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Episodes
Allister v Secretary of State for Northern Ireland [2023] UKSC 5 20.02.2023 10:02
This week the Northern Ireland Protocol found its way before the Supreme Court where its legal status was debated. https://uklawweekly.substack.com/subscribe Music from bensound.com
Fearn v Board of Trustees of the Tate Gallery [2023] UKSC 4 13.02.2023 10:42
In 2016 the Tate opened up a viewing platform that proved an amazing vantage point for seeing the London skyline. Unfortunately it was also the perfect place to look directly into some nearby flats. As more and more tourists peered into the flats, took photos, and posted them on social media, the residents brought this claim based on the tort of nuisance. https://uklawweekly.substack.com/subscribe...
Barton v Morris [2023] UKSC 3 06.02.2023 8:42
A claimant was guaranteed a fee if a property sold for at least £6.5 million. When it was eventually sold for £6 million the courts were asked to step in so that the claimant at least got a reasonable fee for their efforts. https://uklawweekly.substack.com/subscribe Music from bensound.com
Sara & Hossein Asset Holdings Ltd. v Blacks Outdoor Retail Ltd. [2023] UKSC 2 30.01.2023 10:48
After a dispute arose about the service charge payable on a commercial lease, the Supreme Court was asked to provide an interpretation that was legally sound and also made commercial sense. https://uklawweekly.substack.com/subscribe Music from bensound.com
McCue v Glasgow City Council [2023] UKSC 1 23.01.2023 9:44
Under Scottish law a disabled person can receive a discount on services that a local authority provides for them based on their means. In this case a claimant argues under the Equality Act that those deductions do not go far enough. https://uklawweekly.substack.com/subscribe Music from bensound.com
Candey Ltd v Crumpler [2022] UKSC 35 16.01.2023 8:07
After their client entered into liquidation, a firm of solicitors attempted to recover their fee via an equitable lien. https://uklawweekly.substack.com/subscribe Music from bensound.com Additional music from Vuducru.
Stanford International Bank Ltd v HSBC Bank PLC [2022] UKSC 34 09.01.2023 8:47
As one of the biggest Ponzi schemes collapsed, some of the decisions about who should be compensated earned a closer look from the Supreme Court. https://uklawweekly.substack.com/subscribe Music from bensound.com
DB Symmetry Ltd v Swindon Borough Council [2022] UKSC 33 02.01.2023 8:43
What sort of conditions can a local authority impose on a landowner who is looking to develop a piece of land? https://uklawweekly.substack.com/subscribe Music from bensound.com
Rwanda Asylum Plan Decision [2022] EWHC 3230 (Admin) 19.12.2022 15:22
We explore the recent decision by the High Court which declared the Rwanda asylum plan to be legal. https://uklawweekly.substack.com/subscribe Music from bensound.com
REFERENCE by the Attorney General for Northern Ireland [2022] UKSC 32 12.12.2022 11:47
Is a Northern Ireland Bill that restricts protests outside of abortion clinics incompatible with the right to protest? In this episode we talk about the legislative competence of the Northern Ireland Assembly and also discuss this judgment in the light of other recent decisions about protests. https://uklawweekly.substack.com/subscribe Music from bensound.com
REFERENCE by the Lord Advocate of devolution issues [2022] UKSC 31 23.11.2022 13:23
The Supreme Court considers the argument for a Scottish independence referendum being held without the consent of the UK government. https://uklawweekly.substack.com/subscribe Music from bensound.com
Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30 21.11.2022 9:46
How long should planning permission be good for? This week in the podcast we go way back and look at proposals from 1967. https://uklawweekly.substack.com/subscribe Music from bensound.com
The SSAFA v Allgemeines Krankenhaus Viersen [2022] UKSC 29 14.11.2022 9:13
A tragic injury suffered at birth is the basis for this case as we examine the status of English law and whether it should override the law in Germany. https://uklawweekly.substack.com/subscribe Music from bensound.com
Commissioners for HMRC v NHS Lothian Health Board [2022] UKSC 28 07.11.2022 9:12
A question about a historic VAT claim leads the Supreme Court to ponder the principle of effectiveness in EU law. https://uklawweekly.substack.com/subscribe Music from bensound.com
Guest v Guest [2022] UKSC 27 31.10.2022 9:15
A family dispute over the inheritance of a farm makes its way to the Supreme Court. What remedies should be available to a son who was disinherited after providing the family with cheap labour for most of his life. Two very different approaches are considered. https://uklawweekly.substack.com/subscribe Music from bensound.com
DCM (Optical Holdings) Ltd v Commissioners for HMRC [2022] UKSC 26 24.10.2022 8:40
This case looks at the payment of VAT and how HMRC can intervene in a self-assessment. We also discuss the power of HMRC relative to taxpayers and what this means in terms of achieving justice in the tax system. https://uklawweekly.substack.com/subscribe Music from bensound.com
BTI 2014 LLC v Sequana SA [2022] UKSC 25 17.10.2022 8:15
At what point is a company deemed to be probably heading towards insolvency? That question is important because it affects how much consideration directors should give to the company's creditors. Listen to this episode to find out how the Supreme Court struck a balance. https://uklawweekly.substack.com/subscribe Music from bensound.com
Attorney General's Reference No. 1 of 2022 [2022] EWCA Crim 1259 03.10.2022 11:11
Political protests continue to dominate the headlines as the courts try to get the balance right between prosecuting offences and upholding freedom of expression. This week we ask whether the Attorney General was right to make a reference in respect of the Colston Four. https://uklawweekly.substack.com/subscribe Music from bensound.com
McCann and Healy v Portugal (Application No. 57195/17) 26.09.2022 8:07
15 years ago Maddie McCann went missing in Portugal. Now they face the former police inspector in the European Court of Human Rights. Subscribe: http://uklawweekly.substack.com/subscribe Music from bensound.com
R v Andrewes [2022] UKSC 24 29.08.2022 6:36
A man finds out the consequences of lying on his CV. https://uklawweekly.substack.com/subscribe Music from bensound.com
R v Luckhurst [2022] UKSC 23 22.08.2022 6:58
A financial investment adviser who is due to go on trial for fraud asked the court to adjust a restraint order that froze his assets so that he could pay legal expenses in relation to civil proceedings brought by investors. The question for the Supreme Court was whether the order could be varied or if the civil proceedings related to the offence. https://uklawweekly.substack.com/subscribe Music fr...
HA (Iraq) v Secretary of State of State for the Home Department [2022] UKSC 22 08.08.2022 11:18
What are the tests that should be used by judges when deciding whether or not to deport foreign criminals and what factors should be taken into account? In this episode the Supreme reviews case law from recent years to provide an answer and we consider how the law might change in this area under a new prime minister. Link to Asad Khan's blog post: https://asadakhan.wordpress.com/2022/07/24/ko-nige...
Harpur Trust v Brazel [2022] UKSC 21 01.08.2022 7:58
In this case the Supreme Court was asked to consider two different methods of working out holiday pay. One was more favourable to workers while the other was closer to the method found in EU case law. This episode also discusses the implication of the decision across a number of sectors. https://uklawweekly.substack.com/subscribe Music from bensound.com
Basfar v Wong [2022] USKC 20 25.07.2022 9:56
After a Filipino woman allegedly worked in conditions of modern slavery for a Saudi diplomat she brought a case against him in the employment tribunal. Should the diplomat be allowed to rely on his diplomatic immunity to avoid the suit? The Supreme Court provides an answer. https://uklawweekly.substack.com/subscribe Music from bensound.com
Hastings v Finsbury Orthopaedics Ltd [2022] UKSC 19 18.07.2022 8:08
After a hip replacement went wrong, the appellant in this case decided to sue the manufacturer. In this episode we look at consumer protection law and discuss the appropriate burden of proof https://uklawweekly.substack.com/subscribe Music from bensound.com
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