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 issue stood in his way. Blog post mentioned in the episode: https://asadakhan.wordpress.com/2019/04...
Apr 08, 2019•10 min
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
Apr 01, 2019•11 min
This week we return to Northern Ireland for another case about the Troubles and unfortunately it's the same old story. More delays and further failures to investigate only provide more cause for resentment and in this case we examine the role that the courts have to play. Music from bensound.com
Mar 25, 2019•8 min
The European Arrest Warrant is a key tool for fighting crime and is a prime example of EU co-operation at its finest. In this case we explore what protection is available for those named in a warrant, deficiencies in the UK's implementation and what the future holds for this area as Brexit impends. Music from bensound.com
Mar 18, 2019•8 min
The murder of Pat Finucane, a solicitor from Belfast, in 1989 was the result of collusion between British security forces and loyalist terrorists. There has never been a proper inquiry into this death and in this judicial review Finucane's widow argues that this is a breach of Article 2 of the European Convention on Human Rights (the right to life). Music from bensound.com
Mar 11, 2019•13 min
When Bianca Cameron was involved in a car accident the driver at fault could not be identified so the question became 'who could she make a claim against?' Her decision to go after the insurance company by way of the anonymous driver raised some interesting legal questions such as the possibility of an anonymous defendant and the extent of an insurer's liability that we discuss in this episode. Music from bensound.com
Mar 04, 2019•10 min
In tort law a claim for 'loss of chance' can become very complicated when a claimant is seeking compensation for something that might have happened many years previous. A careful balance has to be struck between running a hypothetical trial and holding older evidence up for scrutiny. In this episode we discuss the burden of proof on a claimant in this context and how such a case should be conducted. Music from bensound.com
Feb 25, 2019•12 min
An estate agent agreed to help sell certain properties but was denied his 2% commission when the purchases were finalised for £2.1 million. In this case the court had to decide not only if there was an agreement between the agent and his client but also what the terms of such an agreement might be. In this episode we also examine the tendency amongst judges to rely on implied terms when it comes to contract disputes. Music from bensound.com
Feb 18, 2019•9 min
Criminal record checks are an important way to protect children and vulnerable adults from being exposed to those with a history of criminal convictions but when those convictions are for minor offences committed years ago the system operates to stymie the career opportunities of many people. In this episode we look at a challenge to that system and consider how the law can be reformed while continuing to be effective. Music from bensound.com
Feb 11, 2019•14 min
Wrongful conviction cases and miscarriages of justice are always of great interest to the media as they provide a mystery while simultaneously highlighting failures within our criminal justice system. However not much is made of what happens once the conviction is overturned and the innocent have to return to their lives outside prison walls. Something that can be of great help is compensation from the government but claiming this is becoming increasingly difficult and so in this judicial review...
Feb 04, 2019•15 min
The Data Protection Act 2018 brought data protection law into the 21st Century and helped to provide a stronger legal framework for securing personal information. A side effect of this however is that it has made it much easier to convict people of relevant offences and that poses a threat to some of the foundational principles of criminal law. In this episode we consider a case decided under the old Act and then consider how the law has changed and what issues the new legislation brings up. Mus...
Jan 28, 2019•9 min
As Northern Ireland heads into its third year without a government the political situation is rapidly becoming more untenable. Unelected civil servants are making decisions normally reserved for politicians and in this case the Supreme Court considers the limits of their powers. Music from bensound.com
Jan 21, 2019•8 min
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
Jan 14, 2019•13 min
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
Jan 07, 2019•11 min
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
Dec 31, 2018•10 min
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
Dec 24, 2018•9 min
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
Dec 17, 2018•9 min
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.
Dec 14, 2018•9 min
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
Dec 11, 2018•11 min
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 government. Music from bensound.com
Dec 03, 2018•8 min
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
Nov 26, 2018•10 min
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
Nov 19, 2018•9 min
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 and so the couple had to remain married. We critique the Supreme Court's response and investigate the ...
Nov 12, 2018•11 min
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 respect of reputational, economic and psychiatric damage caused. In this episode we also discuss the...
Nov 05, 2018•13 min
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 decide whether this should be upheld. Music from bensound.com
Oct 29, 2018•10 min
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 lot of attention in the press but we dive into the judgment and get to the real legal issue at stak...
Oct 22, 2018•11 min
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 consider how other factors can lead to a possible breach of the right to family life. Music from bensound....
Oct 15, 2018•12 min
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
Oct 08, 2018•8 min
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 from bensound.com
Oct 01, 2018•11 min
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 episode we find out the answer and consider the legal, political and business consequences of banking coll...
Sep 24, 2018•11 min
