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
What does it mean to be British? The legal answer is not as simple as you might think. For years citizenship by descent could only be passed down the male line and in this case the Supreme Court grapples with Parliament's attempt to correct the discrimination in the British Nationality Acts. In this episode we also discuss how the Justices engage with Parliament and how the concept of nationality is at a crossroads in 2018. 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
The people of the Chagos Islands, a British Indian Ocean Territory, have suffered at the hands of UK foreign policy for nearly 50 years. In this episode we look at the decision to establish a marine protected area around the archipelago and in particular the implications of a WikiLeaks cable that implied that the real motivation for the marine reserve was to prevent any chance of resettlement. Music from bensound.com
Part payment of a confiscation order can lead to a reduction in the sentence for drug trafficking offences but how should the courts work out that reduction. Should it be based on the original amount imposed on the defendant or instead take into account interest as well? In this episode we go on to discuss the mixed approach that the Supreme Court appears to be taking towards personal freedoms. Music from bensound.com
A police warrant to search and seize property normally contains all of the relevant details but in the case of Haralambous this was excluded on grounds of public interest immunity. A judicial review was made against this not only in relation to the decision in the Magistrates' Court but also looking at the equivalent decisions in the Crown Court and the High Court. In this episode we consider not only the decision in this case but also the wider implications of public interest immunity for...
In this episode we leave the UK and head to the Court of Justice of the European Union where a fraud case developed into questions about fundamental human rights, constitutional law and a potential threat to the primacy of EU law itself.
The smoking ban has now been around for more than a decade so it might seem obvious that everyone is affected but one unusual rule of statutory interpretation might mean that there is a surprising exception built into the law. Music from bensound.com
How strict should the courts be when it comes to time-barring human rights cases? While there is some flexibility built into the system there are important questions about how the Human Rights Act 1998 should be interpreted. In this episode we also dig into the allegations of racial discrimination made against the Bar Standards Board. Music from bensound.com
World famous poker player Phil Ivey walked into a London casino and won £7.7 million playing baccarat but the casino refused to pay out because they thought that Ivey had cheated. In this episode we not only discuss what it means to cheat but also the legal definition of dishonesty. Music from bensound.com
P was assaulted while she was on duty as a police officer in 2010. When she was herself arrested the following year she blamed it on PTSD from the previous assault. Nevertheless she was still dismissed from the police force but when P came to appeal the decision she did so in a very unusual way that we explore in this episode. Music from bensound.com
After Armes had been abused by two of her foster parents when she was growing up she brought a case against the local authority arguing that they were liable. This case split the Justices and has potential consequences for vicarious liability in the area of tort law. Music from bensound.com
BPP are a company that will be familiar to most law students as they supply legal education and books. Books are zero-rated for the purposes of VAT and so when HMRC made a decision against BPP for failure to pay, the company appealed this to the Tax Chamber of the First-tier Tribunal. However the government's lawyers were completely disorganised throughout the entirety of the appeal and in this episode we analyse the fallout from this as well as what this means for future cases before the...
What is a sham marriage and how can we define it for the purposes of the law? In this episode we explore that question as well as the fate of a woman who has lived in the UK since 2007 but now faces deportation after being accused by immigration officers of engaging in a marriage of convenience. Music from bensound.com
The concept of matrimonial property was shaken up in the context of Scottish divorce law by the Supreme Court in this case. In particular the Justices had to make a decision about what proportion of a pension could be included and what it meant to be a member of a pension scheme. Music from bensound.com
In 2013 the government introduced fees for people bringing cases before the employment tribunals in the UK. Although this would remove some of the burden on taxpayers, UNISON argued that the Fees Order prevented access to justice and acted in a discriminatory manner towards women and other minorities. In this episode we consider the decision in the light of access to justice and the wider constituitional implications on the rule of law. Music from bensound.com
One of the most delicate balancing acts that occurs within the realm of human rights law is between Article 8 (the right to private and family life) and Article 10 (freedom of expression) of the European Convention on Human Rights. In the UK this has allowed for the development of a common law right to privacy but how far can this extend when it interferes with the reporting of public legal proceedings? The issues in this case also raise wider questions about the allegations of sexual...
When Actavis took a new medical treatment to market, Eli Lilly thought it looked familiar. They had their own product that had been patented and the one from Actavis was only a slight variation. In this episode we explore the issues that arose surrounding intellectual property law and consider the wider implications when it comes to tightening or loosening the European patent system. Music from bensound.com