UK Law Weekly

MM was denied the Personal Independence Payment (PIP) benefit because he did not fit into the right category when it came to the support he needed for face to face social engagement. The dispute reached the Supreme Court and it was up to the Justices to provide an interpretation of what "social support" actually means in this context. In this episode we discuss that decision and how the courts can...

At the heart of this case is a fairly simple question: when the conditions for use of a building are varied in a new planning permission, what previous conditions remain in place? For many years the Homebase store in Streatham Vale was prohibited from selling food but the position after a 2014 permission was no longer clear and the case eventually ended up before the Supreme Court. In this episode...

Restraint of trade clauses are an essential feature of employment contracts because they protect the interests of employers whilst also ensuring employees have the right to go ahead and find another job. However striking a balance between these two objectives is something that the courts have struggled with over the years and this case is no different. What does it mean if an employee is prohibite...

Tamara Gubeladze was hoping for a quiet retirement in the UK having spent most of her life in Latvia. She thought that she had met all the conditions necessary to be entitled to a state pension but the Secretary of State denied her request for failing to comply with the Worker Registration Scheme that was established in the UK after Latvia joined the European Union. As the Supreme Court decides he...

Wholesalers of alcohol now have a legal requirement to be a fit and proper person in the eyes of HMRC. For many this was a mere formality but others were suddenly worried about going out of business when they were unable to clear this new hurdle. OWD Ltd. faced this problem and while their appeal was pending they sought temporary relief so that they could at least trade in the meantime. When this...

When the shipping vessel Renos was badly damaged by an engine room fire the question for insurance purposes was when the repairs to the ship began. Should the cost of salvaging the ship be included as part of the money needed to get the ship repaired or is this limited to work done once the vessel is back in port? In this episode we discuss the Supreme Court's answer and think about alternative wa...

When Terryann Samuels was unable to keep up with her rent and was made homeless Birmingham City Council claimed that it was under no obligation to help her because she had become "intentionally homeless". The Supreme Court considered whether Samuels' previous accommodation had in fact been affordable based on her income and came to a conclusion that may have long-lasting consequences in respect of...

In 2014 a number of newspaper articles were published that made serious allegations against the ex-husband of a former policy adviser to Gordon Brown. It turned out that those articles had no basis in fact and so this action in defamation came before the courts. When the question went before the Supreme Court the Justices were given the opportunity to offer a full interpretation of section 1 of th...

In June 1974 an unarmed man with learning difficulties was shot in the back as he was running away from British soldiers during the Troubles. Nearly half a century later one of the soldiers involved is due to face trial. In this judicial review the Supreme Court was given the opportunity to consider whether the Director of Public Prosecutions was correct to restrict trial by jury. This episode als...

When GN was a child he was physically and psychologically abused by the neighbours from hell yet the local council did next to nothing to step in and try to offer some sort of protection. Now that GN is an adult he is seeking compensation and we find out to what extent the duties of local authorities translate into actual accountability. Music from bensound.com

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