Whether someone consents to the deprivation of their liberty is often an irrelevant question. Sometimes people are locked up because they are a danger to society whereas others are simply limited because it is in their best interests. Nevertheless that point of consent in a medical context is important and so in this case we explore whether the parents of a young man who is not quite yet an adult can still use parental responsibility to consent on his behalf. Music from bensound.com
Nov 18, 2019•8 min
What happens when the will of a totalitarian regime comes up against the English legal system? How can that system maintain its integrity in the face of such manifest injustice? In this case that concerns a jurisdictional dispute we get answers to those questions and they might just surprise you. Music from bensound.com
Nov 11, 2019•12 min
In this case about farming subsidies and the payment of VAT we consider the issue from a moral standpoint and ask what role the law can play to establish a more just system. Music from bensound.com
Nov 04, 2019•9 min
Access to information about a legal case in open court is vitally important to any functioning democracy but is also necessarily subject to certain restrictions. In this case the Asbestos Victims Support Groups Forum UK are seeking information about proceedings involving a former asbestos manufacturer. Both parties have a different interpretation of the Civil Procedure Rules and it is up to the Supreme Court to make a final decisions Music from bensound.com
Oct 29, 2019•12 min
When X went on holiday to Sri Lanka she was raped and assaulted by a hotel employee. In this claim against the tour operator she is seeking compensation but, as we discuss in this episode, it will require a stretched interpretation of EU law. There is also a close examination of the likely fallout if the Court of Appeal judgment is allowed to stand. Music from bensound.com
Oct 21, 2019•6 min
When the Cleveland Meat Company bought a bull at auction they were dismayed when it was found post-mortem that the meat was not fit for human consumption. They sought to challenge the decision of the Official Veterinarian on this matter but the means of doing so was far from clear. In this episode we look at the issues, consider the impact of EU law on this area and examine the preliminary reference questions that the Supreme Court has submitted to the Court of Justice of the European Union. Mus...
Oct 14, 2019•7 min
Franco Vomero has lived in the UK since 1985. In 2001 he killed a man and was convicted of manslaughter. Upon his release from prison the Home Secretary decided to send him back to his home country of Italy. In this case the Supreme Court looked at what it means to have a right of permanent residence and in our discussion we attempt to take stock of what it means to use deportation as a form of punishment. Music from bensound.com
Oct 07, 2019•11 min
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 struggle to ensure that legislation remains applicable to everyone beyond the facts of one particul...
Sep 30, 2019•10 min
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 we discuss the judgment in this case and suggest legislative changes that would help to reduce the ...
Sep 09, 2019•8 min
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 prohibited from having an "interest" in a rival company and what approach should the courts take when dealing...
Sep 02, 2019•11 min
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 her fate we take the opportunity in this episode to also consider how principles of EU law have impact...
Aug 26, 2019•16 min
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 was denied the question eventually ended up before the Supreme Court and on this episode we discuss ...
Aug 19, 2019•14 min
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 ways in which insurance contracts could potentially operate. Music from bensound.com
Aug 12, 2019•12 min
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 how such decisions are made by local authorities. In this episode we also give thought to the state...
Aug 05, 2019•9 min
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 the Defamation Act 2013. In this episode of the podcast we discuss the background to the 2013 Act as w...
Jul 29, 2019•12 min
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 also examines the public interest in such a prosecution. Music from bensound.com
Jul 22, 2019•10 min
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
Jul 15, 2019•14 min
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 actual intention of Parliament. Music from bensound.com
Jul 08, 2019•9 min
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 offers the best hope for deprived areas such as Blackpool. Music from bensound.com
Jul 01, 2019•12 min
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
Jun 24, 2019•12 min
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
Jun 17, 2019•13 min
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 should be taken into account. Music from bensound.com
Jun 10, 2019•16 min
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
Jun 03, 2019•11 min
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
May 27, 2019•12 min
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
May 20, 2019•12 min
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 bensound.com
May 13, 2019•13 min
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 dosage is enough to qualify. We also consider the latest updates on progress towards the Unified Paten...
May 06, 2019•13 min
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 institutions is a good thing for the sector or means a decline in the quality of higher education. Music f...
Apr 29, 2019•13 min
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
Apr 22, 2019•10 min
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
Apr 15, 2019•10 min
