AM opposed the deportation order made against him because he would not be able to get treatment for HIV/AIDS in Zimbabwe. Originally his application was based on a breach Article 8 of the European Convention on Human Rights (right to private life) but a new case from Europe opened up the possibility of success under Article 3 (prohibition on torture). In this episode the Supreme Court breaks down that new case and we consider how and why Article 3 is used in these types of proceedings. Music fro...
Jun 08, 2020•12 min
Boycotts, divestment and sanctions have long been a form of ethical investment but is this type of protest allowed when it is carried out by local authority pension schemes? On the one hand it potentially conflicts with government policy but these funds are ultimately run for the benefit of employees. In this episode we also discuss the BDS campaign in relation to Israel. Music from bensound.com
Jun 01, 2020•14 min
When it became apparent that VAT should be charged on individually negotiated mail services Zipvit Ltd tried to claim a deduction even though VAT was not signalled on the invoice. HMRC opposed this and the question of EU law was brought before the Supreme Court. In this episode we also discuss the preliminary reference procedure and how it relates to UK sovereignty post-Brexit. Music from bensound.com
May 25, 2020•12 min
In her last case as a Justice of the Supreme Court Lady Hale has one final opportunity to correct a mistake that she made twenty years prior. Music from bensound.com
May 18, 2020•14 min
In the second part of a miniseries on vicarious liability we look at the nature of the employmenr relationship itself. Dr. Bates was alleged to have committed acts of sexual assault against a number of prospective employees at Barclays Bank but the doctor worked as an independent contractor so should he be liable? Music from bensound.com
May 11, 2020•9 min
Morrisons employee Andrew Skelton held a grudge against his employer and decided to illegally release payroll information onto the web. He was jailed but the victims of his crime brought a case against the supermarket chain in a bid to try and claim compensation. In this judgment the Supreme Court had to decide whether Morrisons could be liable for the illegal actions of their employee. Music from bensound.com
May 04, 2020•14 min
When it transpired that a ship had been sunk on purpose the insurers went after the bank that had refinanced the vessel in a bid to get their money back. One of the questions asked was whether the English courts had jurisdiction over this case and that required the Supreme Court to compare contractual rights with the rules under EU legislation. Music from bensound.com
Apr 27, 2020•9 min
El Shafee Elsheikh was involved with ISIS and is alleged to have been involved in the beheadings of 27 citizens from the UK and the US. The UK provided legal assistance to the Americans but broke with convention by not requiring assurances that the evidence would not be used as part of a prosecution that could lead to the imposition of the death penalty. In this judicial review claim that decision by the Home Secretary was challenged on not only human rights grounds but also on the basis of data...
Apr 20, 2020•15 min
MS had been abused by relatives and made to work for free but the authorities decided that he had not been the victim of trafficking and planned to deport him. In this case the Supreme Court had to decide whether the Immigration Tribunal was permitted to come to a different conclusion about MS's circumstances based on the facts at hand. We also discuss how the UK's international obligations marry up with its political objectives. Music from bensound.com
Apr 13, 2020•13 min
When Copeland was arrested for possessing small amounts of an explosive substance he wasn't a political extremist or a terrorist but just a young man who has a keen interest in bombs. In this case the Supreme Court decides whether that is enough of a defence and we discuss how fit for purpose the law in this area really is. Music from bensound.com
Apr 06, 2020•9 min
DN was detained under immigration law for committing serious offences that could have led to his eventual deportation back to Rwanda. However when the basis for his detention was held to be unlawful everything was thrown up in the air and it was up to the Supreme Court to deal with the fallout. In this episode we also examine the concept of res judicata and the second actor theory as we navigate this difficult legal terrain. Music from bensound.com
Mar 30, 2020•9 min
In this bonus episode we break down the recently passed Coronavirus Act 2020 and analyse some of the key provisions.
Mar 29, 2020•7 min
Michael Stone is a loyalist terrorist who is currently behind bars for a range of politically-motivated crimes. The thirty year tariff on his sentence was due to expire in 2018 but this ignored the fact that he had been released for a period of time after the Good Friday Agreement. Whether or not this should count as part of the time served is the subject of this application but first of all the Justices must answer whether or not these proceedings should have leapfrogged their way to the Suprem...
Mar 23, 2020•11 min
These longstanding proceedings look at the EU's rules on state aid and how they interact with international arbitration. Music from bensound.com
Mar 16, 2020•10 min
Jalloh was unlawfully subject to restraints on his liberty by the Home Office after immigration proceedings. In his claim for damages a question was raised about the difference between imprisonment under common law and the restraint of liberty under human rights law. In this episode we ask whether now is the time that those two concepts were merged together. Music from bensound.com
Mar 09, 2020•11 min
In this planning law case we discuss what openness means in the context of the green belt. A balance has to be struck between preserving the aesthetic quality of an area while allowing at least some development to take place. This episodes considers factors that should be taken into account and the role played by planning officers. Music from bensound.com
Mar 02, 2020•8 min
Universal credit has proven to be a controversial policy across the UK. The legal challenge in this case comes from Northern Ireland but before it could proceed the Supreme Court had to decide whether this was indeed a devolution issue. Music from bensound.com
Feb 24, 2020•8 min
When an import of garlic turned out to be from China instead of Cambodia the company became liable for a rather large tax bill that was well overdue. The question in this case is whether it was too late for HMRC to issue its demand but in this episode we also take time to consider the relationship that the UK has with the principles of EU law and how this might be affected by Brexit. Music from bensound.com
Feb 17, 2020•11 min
A planning application was granted by a local council so that a new wind turbine could be built but was then challenged by a local resident. Part of the inducement to grant permission was an annual donation to a community benefit fund but it was argued that this was not a material consideration that should have been taken into account. In this episode we also discuss how well planning law is facing up to a range of issues that it faces in the 21st Century. Music from bensound.com
Feb 10, 2020•10 min
The bedroom tax is one of the most controversial policies in recent memory and has disproportionately affected those with disabilities. In a 2016 case the Supreme Court found that the regulations were in breach of human rights law but does that change how the law should be applied by public authorities on a day-to-day basis? In this episode we answer that question and learn more about how the human rights legislation interacts with the rest of the legal system. Music from bensound.com
Feb 03, 2020•9 min
The Liberian civil war was one of the bloodiest and most brutal conflicts in modern history. Abuses were rife on both sides but a recent arrest in the UK of one specific individual led to charges of torture dating back to 1990. The law requires such a person to be acting in an official capacity but the Supreme Court was left to decide what this means when the question of which side is in power is up in the air. Music from bensound.com
Jan 27, 2020•13 min
Fraudulent transactions made by a Saudi businessman left his creditors out of pocket but in this case it is the company that he was funneling the funds through that sued the bank for carrying out his instructions. At the heart of proceedings is the Quincecare duty that states a bank should not follow the dishonest instructions of its customers and in this episode we discuss its place as part of the modern legal system. Music from bensound.com
Jan 20, 2020•12 min
When the married couple in this case decided to split up there was a question about whether their young daughter should return with her father to Israel or remain in London with her mother. As the case progressed the central issue became the use of something called the 'inherent jurisdiction of the court' that allows a judge to make a decision on almost any matter at all. Should this be allowed here and how should the inherent jurisdiction be properly used? These are the questions that the Supre...
Jan 13, 2020•11 min
In the early 2000s a scandal erupted when it was found that a leading manufacturer of silicone breast implants had not followed regulations and therefore put a significant number of women at risk. As these sub-standard implants leaked and ruptured the number of compensation claims began to flood in. This case looks at the situation where the medical clinic became insolvent and so the claimants went after the insurance company instead. Would they get the damages that they deserved or end up merel...
Jan 06, 2020•11 min
In this case an application for planning permission was blocked by a landlord. While this was in line with the lease agreement questions were raised over whether the refusal of consent was reasonable or not. In this episode we try to understand under what circumstances it is reasonable to withhold consent and the factors that the court should take into account when coming to that decision. Music from bensound.com
Dec 30, 2019•10 min
An administrative error creates an opportunity for a company to end an agreement that costs them thousands of pounds every year. When they do this the case ends up going to the Supreme Court who have to make a decision about just how costly that error will ultimately be. Music from bensound.com
Dec 23, 2019•8 min
The invention of the electrochemical capillary fill device (ECFD) represented an important development for blood glucose sensors but the inventor, Professor Ian Shanks, never saw a penny himself. In this case we follow his bid to be compensated properly for his work and critique the factors that are taken into account when the courts arrive at a decision in cases like this. Music from bensound.com
Dec 16, 2019•13 min
The budget cuts to the administration of justice have had a profound impact since their implementation. Access to justice has been hampered for some of the most vulnerable in society but they are not the only ones affected. In this case we look at a judge who made complaints about the extra stress and pressure that she was under but the question was whether she could be classified as a worker under UK law. Music from bensound.com
Dec 09, 2019•13 min
The relationship between the Channel Islands and the UK is fairly settled but in this case a new element is added into the equation: the European Union. The background to the dispute is relief from inheritance tax but in these proceedings the Supreme Court also addresses wider questions of jurisdiction and the operation of law. Music from bensound.com
Dec 02, 2019•10 min
In one of the most important, constitutional judgments of modern times, the Supreme Court was charged with deciding whether the prorogation of Parliament announced on 28th August 2019 was lawful or not. With a Brexit deadline of 31st October looming the judgment was also of huge practical importance as it affected the ability of MPs to fully scrutinise the actions of the government. In this episode we review the decision and reflect on it in the light of the 2019 general election. Music from ben...
Nov 18, 2019•14 min
