In contract law, terms can be created or modified either orally or in writing but what happens when a contract specifically excludes oral modifications? Does a subsequent oral modification cancel out that original clause or would the modification be invalid? In this episode we find out and discuss approaches to interpreting contracts in a way that is fair to all parties involved. Music from bensound.com
What happens when a series of criminal offences are committed over a period when a new piece of legislation comes into force? Do they fall under the new rules or the old ones? The job of the Supreme Court was made especially difficult in this case by the legislation itself not being especially clear and so how they interpreted the law is scrutinised and analysed in this episode. Music from bensound.com
This case is the legal equivalent of the aphorism 'If a tree falls in a forest and no one is around to hear it, does it make a sound?' Here though the question is 'If a letter arrives while you are on holiday, have you received it?' For Mrs Haywood this was more than just a thought experiment and impacted the rights to her full pension. Her employer served notice by post and it was up to the Supreme Court to decide when exactly the clock started running from. Music from bensound.com
When it comes to small claims there is a delicate balance that exists between claimants, insurers and solicitors. In this case Haven insurance upset that balance by trying to cut Edmondson Solicitors out of the picture. In this episode we explore whether the insurers had indeed found a loophole to exploit and also discuss the potential impact of the new Civil Liability Bill on small claims. Music from bensound.com
The way that damages are worked out in a case can have a huge impact on both the claimant and the defendant. Add to this that the courts are often making their own best estimates and the whole outcome can become incredibly uncertain. In this episode we explore this in the context of a restrictive covenant between two business partners who later fell out. Music from bensound.com
Political scandal, "fraud on an epic scale" and a billionaire in hiding are the main highlights in this case. The appellant is accused of helping to hide his father-in-law's ill-gotten gains. Meanwhile we also consider the impact of the large number of Eastern European cases that find their way into the English legal system.
In tort law a lot of focus is placed on aspects such as the duty of care and causation but there also has to be an injury caused by the defendant. How we define an injury is not always straightforward and in this case we explore an injury that only has a limited effect on the claimant. Music from bensound.com
Article 6 of the European Convention on Human Rights is the right to a fair trial but how far does this extend? In this episode we analyse a judicial review that argues for the right to choose one's own legal representation. Music from bensound.com
Known sex offenders obviously represent a threat to the safety of children but if a head teacher is friends with a convicted sex offender and fails to disclose it is she liable to be dismissed? Not only do we answer that question in this episode but we also examine the law on unfair dismissal and think about ways in which it could be improved. Music from bensound.com
Rates are a type of property tax that is based on the value of any given piece of property. That valuation can be affected by a range of factors but generally speaking there is an exception for 'tools of the trade'. In this case we look at whether an air handling system used by the supermarket chain Iceland falls within that exception. Music from bensound.com
What is the nature of the relationship between a director and their respective company? In this case an argument was made under the Limitation Act 1980 that it is analogous to the relationship between a trustee and beneficiary. For the claimant such a finding would mean that a six year limitation period on their action would be disapplied but did the Supreme Court agree? Music from bensound.com
A Scottish solicitor made an error when drafting a deed that meant the security over an entire property was released instead of just one unit. Did that solicitor owe a duty of care to the other party who she was not representing? In this episode we get an answer to that question and also track the case law history in this area. Music from bensound.com
Are you on email? You simply have to be these days but is our legal system and the administration of justice set up to deal with this technology? In this episode we explore that question in the context of a claim form that was served by email. Music from bensound.com
One of the most controversial cases in recent months was the Parole Board decision to release the black can rapist, John Worboys, from prison but this case before the Supreme Court looks instead at the original police investigation. In particular the question was whether the police were liable to the victims for its failings in relation to Article 3 of the European Convention on Human Rights (prohibition of torture). Music from bensound.com
Each year salmon return all the way up river to give birth to their young in a journey of epic proportions. Fishermen such as Mr Mott make a living by catching the salmon in baskets placed in the river but this has the potential to severely impact on salmon stock. The Environment Agency imposed stringent conditions in a bid to replenish the stock and ease the strain on this natural resource but they offered no compensation to Mr Mott who depends on fishing for his livelihood. In this...
Family law and in particular the law relating to adoption can vary between cultures but is that enough to deny the free movement of people under EU law? In this episode we explore that question in the context of the Islamic adoption system of kafala. Music from bensound.com
Despite the rather dramatic name abduction cases are rarely clear cut and require a delicate balancing act between both parties while also ensuring that the welfare of the children involved is protected. In this case a mother, with the permission of the father, left Australia with her two children but never returned. In this episode we dive into the interesting facts surrounding this case but also examine more generally what happens when a parent leaves the country with permission but then...
When a health and safety inspector issued a prohibition notice stating that Chevron's helideck in the North Sea was too badly corroded for use the company decided to get the metalwork tested for themselves. The results showed that it met British standards but the question for the Supreme Court in this case was whether those results could be used as evidence before the Tribunal. Music from bensound.com
Enforcing immigration rules can be difficult for the government when the country that a person is being deported to has a poor human rights record. In B's case there was no reasonable prospect of deportation back to Algeria but the government wanted to continue to impose bail conditions in the interest of national security even though there was no further right to detain him. In this episode we explore this situation and consider its implications beyond immigration law. Music from...
Mrs Robinson was 76 years old when she got between a drug dealer and two police officers attempting to make an arrest in Huddersfield town centre. She brought a claim for the injuries she suffered against West Yorkshire police but in this episode we do more than consider the basic tenets of negligence and ask how this area of law can and should intereact with society. Music from bensound.com