The extradition of James Craig could have been halted but while the forum bar provisions were brought into force in England, Wales and Northern Ireland, they were not brought into force in Scotland until it was too late. A challenge to that decision raised questions of constitutional importance regarding the role of the courts. https://uklawweekly.substack.com/subscribe Music from bensound.com
After an article was published revealing that a businessman was under criminal investigation, he claimed that the publication was a misuse of private information. In this episode we discuss the balance between the right to privacy and freedom of expression. https://uklawweekly.substack.com/subscribe Music from bensound.com
An error by a solicitor could lead to their client being extradited. Should someone be liable for the faults of their legal representative? https://uklawweekly.substack.com/subscribe Music from bensound.com
How much should a child have to pay to apply to become a British citizen? You might think that it is free but the Home Office charges about £1,000 per application. This case is a challenge to that policy. https://uklawweekly.substack.com/subscribe Music from bensound.com
Should waving a flag of a terrorist organisation be a strict liability offence requiring no intention on the part of the defendant? That question and the law's impact on the freedom of expression is discussed in this case. https://uklawweekly.substack.com/subscribe Music from bensound.com
The Commonhold and Leasehold Reform Act 2002 offered the ability for lessees in a block of flats to establish a Right to Manage Company. Unfortunately this sometimes led to a conflict with the existing property managers over who would manage the estate facilities. In this leapfrog appeal (the first of its kind) the Supreme Court provide an answer. https://uklawweekly.substack.com/subscribe Music from bensound.com
Can the Supreme Court hear an appeal against a judgment it has itself made? In theory this sounds like a contradiction but this case explores the practical possibility. https://uklawweekly.substack.com/subscribe Music from bensound.com
Two incidents from the Troubles raise questions about the state's obligation to investigate deaths under the European Convention on Human Rights. https://uklawweekly.substack.com/subscribe Music from bensound.com
One man takes on Google over alleged breaches of data protection law but questions are asked about whether his claim can represent all of the users who were affected. https://uklawweekly.substack.com/subscribe Music from bensound.com
An immigration case raises questions of constitutional importance after the Home Office decides to ignore a court order that it considered to be null and void. https://uklawweekly.substack.com/subscribe Music from bensound.com
After Sir Ian Brownlie QC was killed in a fatal accident in Cairo his widow looked to bring an out of jurisdiction claim in contract and tort law. https://uklawweekly.substack.com/subscribe Music from bensound.com
How simple should it be to take interim measures against the other party to a case? In these employment law proceedings this question is considered in the context of EU law and we also think about the imbalance of power between employers and employees. https://uklawweekly.substack.com/subscribe Music from bensound.com
After a road traffic accident between Ms Ho and Ms Adelkun there were questions about how the costs should be offset against one another. In this episode we also discuss whether the Civil Procedure Rules do more to favour claimants or defendants. Music from bensound.com https://uklawweekly.substack.com/subscribe
Two bills from the Scottish Parliament are questioned before the Supreme Court for fear that they go beyond the legislative competence of Holyrood. Music from bensound.com https://uklawweekly.substack.com/subscribe
When fast track procedure rules for asylum claims were held to be null and void questions were raised about all of the cases that were decided using those rules. Music from bensound.com https://uklawweekly.substack.com/subscribe
When can a lawful act be used to rescind a contract? In this case an estate agent was pressured into signing a new agreement with an airline but was this legitimate commercial behaviour or an act of economic duress? The Supreme Court gets to the bottom of the case and interrogates the existence of lawful act economic duress. Music from bensound.com https://uklawweekly.substack.com/subscribe
After HMRC concluded that Mr Tinkler owed more than £700,000 in unpaid tax he tried to argue that the original enquiry was not valid because the incorrect postal address was used. In this case the Supreme Court examine the doctrine of estoppel by convention to see whether this is indeed the case. Music from bensound.com https://uklawweekly.substack.com/subscribe
When there is doubt about whether an asylum seeker is a child or an adult it is up to officials to make an assessment. In this case a judicial review questions whether the guidance provided creates an unacceptable risk of mistakes because the physical appearance and demeanour of a person are an unreliable guide as to age. Music from bensound.com https://uklawweekly.substack.com/subscribe
To what extent should guidance and policy document produced by a public authority be legally binding and challengeable by judicial review? That is the question asked of the Supreme Court this week. Music from bensound.com https://uklawweekly.substack.com/subscribe
This week's episode is about what costs should be paid by a losing side for mere acknowledgement of service. We also discuss how costs should be affected in environmental cases. Music by bensound.com https://uklawweekly.substack.com/subscribe
As a child in care, T required secure accommodation but funding cuts meant compromises had to be made. These compromises were authorised by way of a court order and that is what is being challenged in this case. Music from bensound.com https://uklawweekly.substack.com/subscribe
When a holiday went horribly wrong in 2010, Mrs. X decided to bring a claim against the tour operator. Many years later, and after a reference to the Court of Justice of the European Union, it is now for the Supreme Court to decide where liability resides. Music from bensound.com https://uklawweekly.substack.com/subscribe
An accusation of racial discrimination against Royal Mail raises interesting questions about the test to be applied in these claims. Music from bensound.com https://uklawweekly.substack.com/subscribe
In this special bumper edition of the podcast I play the audio from a recent interview I gave to law101.info Music from bensound.com Visit law101.info for more.
When a law firm decided to collaborate with one firm instead of another, the practice that had been shunned tried to enforce a restraint of trade clause in a non-disclosure agreement. The question for the Supreme Court was whether that clause was reasonable or not. Music by bensound.com https://uklawweekly.substack.com/subscribe
The latest update from the Franked Investment Income Group Litigation. Music from bensound.com https://uklawweekly.substack.com/subscribe
In this deportation case the Supreme Court had to decide whether a violent criminal who ended up in a Young Offenders Institution deserved a second chance in the UK or should be deported back to Iran. Music from bensound.com https://uklawweekly.substack.com/subscribe
A contract dispute that led to a claim for damages turned on the meaning of the word negligence. Should the meaning be restricted to the tort or also encompass a breach of the contractual provision to exercise care. This difficult question even divided opinion in the Supreme Court. Music from bensound.com https://uklawweekly.substack.com/subscribe
AB was only 15 years old when he was first subjected to an extended period of solitary confinement in Feltham Young Offenders Institution. In this case he brought a judicial review of that decision on the basis that it represented inhumane treatment and a breach of his human rights. Music from bensound.com https://uklawweekly.substack.com/subscribe
The Criminal Injuries Compensation Scheme is a way for the victims of crime to be compensated by the government. In this case A and B had been the victims of trafficking but were denied compensation because they had previous convictions from their time in Lithuania. The Supreme Court was asked to decide whether this exclusionary rule was discriminatory. Music from bensound.com https://uklawweekly.substack.com/subscribe
