In these conjoined appeals the question for the Supreme Court concerned indirect discrimination. This is where an employer puts a provision in place for all employees but the overall effect is particularly disadvantageous for certain groups with protected characteristics. Essop was required to pass a 'Core Skills Assessment' but statistics showed that older and BME candidates struggled when compared to other employees. Naeem is a Muslim chaplain in prison but pay is based on length of service an...
Jun 26, 2017•11 min
When AB was prosecuted for having sexual intercourse with an underage girl he wanted to rely on the defence that he reasonably believed the girl to be 16. When he was denied this opportunity because of previous criminal charges, AB claimed that this was in breach of his human rights. Music from bensound.com
Jun 19, 2017•9 min
When Wood sold his company to Capita it transpired after an internal review that insurance policies had been misrepresented to customers. Capita tried to recover the compensation that they were obliged to pay out but Wood disputed this on the basis of the wording of the sales agreement. In this episode we discuss how the Supreme Court approaches the interpretation of contracts. Music from bensound.com
Jun 12, 2017•7 min
In a Permission to Appeal ruling the Supreme Court considers the heart-breaking case of Charlie Gard.
Jun 09, 2017•5 min
N is a severely disabled man in his twenties who requires care by the NHS. His family would like to be much more involved in his care but this would put greater strain on the already limited resources of the local authority.. This week's episode analyses this dispute and examines the role of the Court of Protection. Music from bensound.com
Jun 05, 2017•9 min
Mr Gabriel went bankrupt because of a bad investment but not many things went right for him along the way. His 'friend' Mr Little tricked him into thinking the money would be used as part of a development project and his solicitor did not properly inform him and drew up incorrect paperwork. In this case for negligence the Supreme Court examined the but-for test and in particular the so-called SAAMCO cap.
May 29, 2017•10 min
Gordon was convicted of rape and sentenced to five years but there were a couple of problems with the way that the investigation was carried out. He was not allowed access to legal counsel either before or during the police interview and the semen sample retrieved was not subject to DNA analysis. The Scottish Criminal Case Review Commission refused to take a second look at the conviction and so in this case Gordon brought a judicial review to challenge this decision. Music from bensound.com
May 15, 2017•8 min
How much information would have to be given in order to be able to identify you without actually saying your name? This sounds like a game of 20 questions but the Supreme Court faced a very similar problem this week with serious consequences hanging on to their decision. Music from bensound.com
May 08, 2017•11 min
When a solicitor neglects their duty there is indemnity insurance available based on minimum terms and conditions set by the Law Society. Such claims can, however, be amalgamated when there are “similar acts or omissions in a series of related matters or transactions”. In this case the Supreme Court was asked to give an interpretation of this clause after a number of investors had lost money in development sites in Turkey and Morocco.
May 01, 2017•9 min
When Mrs Jackson died and left her daughter nothing because of a family dispute that had spanned decades, legal action always looked likely. Jackson's daughter argued that she should be entitled to maintenance under the Inheritance (Provision for Family and Dependants) Act 1975 but the exact amount she should receive was unclear. Ultimately it would be up to the Supreme Court to determine what "reasonable financial provision" means.
Apr 24, 2017•8 min
When a case drags on for almost 15 years without a resolution something has to be done to offer some finality. The Court of Appeal hoped to do this by remitting this Nigerian enforcement action to the Commercial Court but when they also required a $100million security payment the NNPC appealed to the Supreme Court.
Apr 17, 2017•11 min
When a local authority applies for parental responsibility in respect of a child what sort of investigations should the court carry out before making the order? In this podcast we answer this question and explore wider issues relating to child welfare and the role of the state.
Apr 10, 2017•6 min
In a major decision today on the subject of term time holidays for children the Supreme Court held that the concept of 'regular attendance' should be applied strictly and at the discretion of the headteacher. In this bonus episode we look at the three key points to take away from the case.
Apr 06, 2017•9 min
When S J & J Monk were redeveloping some office space a question arose as to the property's value for rating purposes given the wording of Schedule 6 to the Local Government Finance Act 1988. The difference between the two tax bills would be around £100,000 and so in this episode we discuss the final decision in the Supreme Court as well as the wider implications for the economy of the UK.
Apr 03, 2017•6 min
When torts occur across national boundaries as is often the case nowadays in a globalised world there can be some dispute as to the jurisdiction that should hear the case. This was especially complicated in the context of this case where there was an exclusive jurisdiction clause in the contract. The EU's Judgments Regulation seeks to address these issues and seeks a regime that means there will not be concurrent and contradictory decisions in different Member States. In this episode we look at ...
Mar 27, 2017•8 min
This case looks at the controversial area of compulsory purchase orders and in particular the vague regime that currently exists governing it. When one valuation of a piece of land is £50,000 and the other is £2.5 million there is clearly a problem with the current system. The Supreme Court took the opportunity to try and provide some clarification but in this podcast we also look at potential changes to the statutory regime from the Neighbourhood Planning Bill.
Mar 20, 2017•6 min
The Supreme Court dealt with yet another immigration case this week and how the Immigration Rules interact with Article 8 of the European Convention on Human Rights. In this case two women were residing unlawfully in the UK but had formed relationships during their stay. They appealed against the refusal by the Home Secretary to grant them leave to remain and so this allowed for an interrogation of the rules relating to such relationships. Music from bensound.com
Mar 13, 2017•13 min
A 2012 amendment to the Immigration Rules established a minimum income requirement of £18,600 per year for applicants outside of the European Economic Area to join their spouse or civil partner in the UK. In these appeals this amendment was challenged on the basis of Article 8 of the European Convention on Human Rights (right to privacy and family life) as well as the effect on children in the light of s. 55 of the Borders, Citizenship and Immigration Act 2009. Music from bensound.com
Mar 06, 2017•8 min
A number of protesters were arrested in the run up to the royal wedding between Prince William and Kate Middleton in April 2011 and then released after the festivities were over. The legal claim in this case centred on the deprivation of liberty under Article 5 of the European Convention on Human Rights and in particular the exceptions that exist under Articles 5(1)(b) and (c). By the time the case was decided upon in the Supreme Court a similar case had already made it to the European Court of ...
Feb 27, 2017•7 min
When Denise Brewster's fiancé tragically died shortly after Christmas she was potentially going to be left without access to his pension because of a bureaucratic slip-up that meant she had never been formally nominated. After her appeal was rejected the government changed the law in England, Wales and Scotland but Brewster was still denied justice in Northern Ireland. In this case she appealed to the Supreme Court against the decision.
Feb 20, 2017•8 min
The 'flag protests' that swept Northern Ireland in late 2012 and into 2013 caused widespread disturbances and violence in Belfast. This judicial review case brought against the police challenged their decision not to put a stop to these protests that they had not been notified of beforehand.
Feb 13, 2017•7 min
Shares worth more than $300m were transferred to Samba Financial Group from Al-Sanea who held those shares on trust for Saad Investments Co Ltd. The problem was that Saad Investments Co Ltd had alreadyy gone into liquidation six weeks prior. In examining whether this transaction was void the Supreme Court had to consider international law, Saudi Arabian law and the law of the Cayman Islands. What does this perspective tell us about our own English legal system and its role in the world? Music fr...
Feb 06, 2017•8 min
Most people would vacate a space designated for a wheelchair user on a bus but what powers does a bus driver have if a person refuses to move? To what extent should the government step in to legislate on this? Music from bensound.com
Jan 30, 2017•6 min
In R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union [2017] UKSC 5 the Supreme Court gave the final word on the process that needs to be taken for triggering Article 50 TFEU and getting Brexit underway.
Jan 24, 2017•8 min
In the first three cases of 2017 the Supreme Court made some major decisions on the liability of the UK government for actions committed abroad in pursuit of the foreign policy at the time. Music from bensound.com
Jan 23, 2017•10 min
Docherty was convicted in a criminal trial and was considered to be a 'dangerous offender'. He was sentenced to imprisonment for public protection (IPP) under the old sentencing regime of the Criminal Justice Act 2003 but argued he should have been sentenced under the new regime to an extended determinate sentence (EDS) under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. In this podcast we explore the decision by the Supreme Court as well as the implications for criminal and so...
Jan 16, 2017•8 min
This criminal law case revolved around the interpretation of the phrase 'substantially impaired' in the context of a murder case and the purported diminished responsibility of the defendant. The underlying issue goes much deeper however and addresses the role of judges and juries in trials. Music from bensound.com
Jan 09, 2017•5 min
How do the courts balance the need to deport foreign criminals against their right to see their children? Music from bensound.com
Jan 01, 2017•6 min
The bedroom tax has proved to be one of the most controversial policies in recent times. In this judicial review the Supreme Court examined whether the impact on a range of vulnerable people breached their human rights. Music from bensound.com
Dec 27, 2016•9 min
Johnson has spent almost the entirety of his life in the UK but after he was convicted for manslaughter the Home Secretary tried to deport him as a 'foreign criminal'. Johnson appealed this on the basis that the current immigration rules discriminated against him because his parents were unmarried. Music from bensound.com
Dec 19, 2016•9 min
