UK Law Weekly

After a road traffic accident between Ms Ho and Ms Adelkun there were questions about how the costs should be offset against one another. In this episode we also discuss whether the Civil Procedure Rules do more to favour claimants or defendants. Music from bensound.com https://uklawweekly.substack.com/subscribe

Two bills from the Scottish Parliament are questioned before the Supreme Court for fear that they go beyond the legislative competence of Holyrood. Music from bensound.com https://uklawweekly.substack.com/subscribe

When fast track procedure rules for asylum claims were held to be null and void questions were raised about all of the cases that were decided using those rules. Music from bensound.com https://uklawweekly.substack.com/subscribe

When can a lawful act be used to rescind a contract? In this case an estate agent was pressured into signing a new agreement with an airline but was this legitimate commercial behaviour or an act of economic duress? The Supreme Court gets to the bottom of the case and interrogates the existence of lawful act economic duress. Music from bensound.com https://uklawweekly.substack.com/subscribe

After HMRC concluded that Mr Tinkler owed more than £700,000 in unpaid tax he tried to argue that the original enquiry was not valid because the incorrect postal address was used. In this case the Supreme Court examine the doctrine of estoppel by convention to see whether this is indeed the case. Music from bensound.com https://uklawweekly.substack.com/subscribe

When there is doubt about whether an asylum seeker is a child or an adult it is up to officials to make an assessment. In this case a judicial review questions whether the guidance provided creates an unacceptable risk of mistakes because the physical appearance and demeanour of a person are an unreliable guide as to age. Music from bensound.com https://uklawweekly.substack.com/subscribe

To what extent should guidance and policy document produced by a public authority be legally binding and challengeable by judicial review? That is the question asked of the Supreme Court this week. Music from bensound.com https://uklawweekly.substack.com/subscribe

This week's episode is about what costs should be paid by a losing side for mere acknowledgement of service. We also discuss how costs should be affected in environmental cases. Music by bensound.com https://uklawweekly.substack.com/subscribe

As a child in care, T required secure accommodation but funding cuts meant compromises had to be made. These compromises were authorised by way of a court order and that is what is being challenged in this case. Music from bensound.com https://uklawweekly.substack.com/subscribe

When a holiday went horribly wrong in 2010, Mrs. X decided to bring a claim against the tour operator. Many years later, and after a reference to the Court of Justice of the European Union, it is now for the Supreme Court to decide where liability resides. Music from bensound.com https://uklawweekly.substack.com/subscribe

An accusation of racial discrimination against Royal Mail raises interesting questions about the test to be applied in these claims. Music from bensound.com https://uklawweekly.substack.com/subscribe

In this special bumper edition of the podcast I play the audio from a recent interview I gave to law101.info Music from bensound.com Visit law101.info for more.

When a law firm decided to collaborate with one firm instead of another, the practice that had been shunned tried to enforce a restraint of trade clause in a non-disclosure agreement. The question for the Supreme Court was whether that clause was reasonable or not. Music by bensound.com https://uklawweekly.substack.com/subscribe

The latest update from the Franked Investment Income Group Litigation. Music from bensound.com https://uklawweekly.substack.com/subscribe

In this deportation case the Supreme Court had to decide whether a violent criminal who ended up in a Young Offenders Institution deserved a second chance in the UK or should be deported back to Iran. Music from bensound.com https://uklawweekly.substack.com/subscribe

A contract dispute that led to a claim for damages turned on the meaning of the word negligence. Should the meaning be restricted to the tort or also encompass a breach of the contractual provision to exercise care. This difficult question even divided opinion in the Supreme Court. Music from bensound.com https://uklawweekly.substack.com/subscribe

AB was only 15 years old when he was first subjected to an extended period of solitary confinement in Feltham Young Offenders Institution. In this case he brought a judicial review of that decision on the basis that it represented inhumane treatment and a breach of his human rights. Music from bensound.com https://uklawweekly.substack.com/subscribe

The Criminal Injuries Compensation Scheme is a way for the victims of crime to be compensated by the government. In this case A and B had been the victims of trafficking but were denied compensation because they had previous convictions from their time in Lithuania. The Supreme Court was asked to decide whether this exclusionary rule was discriminatory. Music from bensound.com https://uklawweekly....

In one of the most controversial decisions this year, the Supreme Court looked at the two child limit imposed in respect of child tax credit. Music from bensound.com https://uklawweekly.substack.com/subscribe

When Mr Haworth was told to either pay the tax that HMRC thought he owed or risk a penalty if he took the case to court, he did not take kindly to this ultimatum and challenged it by way of judicial review. Music from bensound.com https://uklawweekly.substack.com/subscribe

When it turned out that a pharmaceutical company may have lied in order to defend their patent the Secretary of State brought a case on behalf of the NHS for the delay in bringing generic forms of the drug to market. In this context we explore the tort of causing loss by unlawful means. Music from bensound.com https://uklawweekly.substack.com/subscribe

After a protest blocked the road the campaigners were arrested under the Highways Act. This case examines the right to protest in the context of human rights and the defence of lawful excuse. Music from bensound.com https://uklawweekly.substack.com/subscribe

What happens when you sue a country? In particular how do you serve notice on that country and what rules apply? Music from bensound.com https://uklawweekly.substack.com/subscribe

In this double episode we look at two tort cases and reflect on the SAAMCO decision. Music from bensound.com https://uklawweekly.substack.com/subscribe

The law doesn't recognise a fraction of a day but what happens when the clock starts at midnight? Does that count as a full day or only part of the a day? Music from bensound.com https://uklawweekly.substack.com/subscribe