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Weekly episodes planned with possible bonus episodes




Suffolk Coastal District Council v Hopkins Homes Ltd [2017] UKSC 37

Whn it comes to statutory interpretation there are rules that the courts have to follow but the situation is less clear for interpreting non-statutory texts such as frameworks and guidance. In this episode we explore the method that should be adopted by judges and how they have to tread a fine line between interpretation and policy. Music from bensound.com

Duration: 00:06:33

Nuclear Decommissioning Authority v EnergySolutions EU Ltd [2017] UKSC 34

When a public body undertakes a procurement exercise it should be carried out in an open and transparent fashion that is fair to all of the bidders. In this case the process was not carried out in the correct manner and this presented the Supreme Court with a number of questions about when and how a case may be brought. In this episode we also consider just how effective the EU's regime in this area really is. Music from bensound.com

Duration: 00:08:30

Times Newspapers Ltd v Flood [2017] UKSC 33

Under the current regime of the Access to Justice Act 1999 a publisher can be liable for costs arising from a defamation case even where those costs include premiums associated with conditional fee agreements and after the event insurance. In this case three publishers challenge the law as an infringement on their right to freedom of expression under the European Convention on Human Rights. In this episode we also consider proposals to change the law and also press regulation. Music from...

Duration: 00:08:16

McCann v The State Hospitals Board for Scotland [2017] UKSC 31

The Scottish smoking ban in hospital grounds has been a source of contention since being passed by the Scottish Parliament and in this case we see a challenge from a detained mental health patient. The ban in this instance also invovled searching for and confiscating tobacco and so the case reliednot only on domestic legislation but human rights grounds as well. Music from bensound.com

Duration: 00:09:07

SXH v The Crown Prosecution Service [2017] UKSC 30

When SXH came to the UK as an asylum seeker she arrived on a false passport. The Crown Prosecution Service decided that it was in the public interest to pursue a prosecution under the Identity Cards Act 2006. Further research into SXH's case changed their mind but in this case before the Supreme Court she argued that the original decision was a breach of her human rights under Article 8 of the European Convention on Human Rights. Music from bensound.com

Duration: 00:06:34

Isle of Wight Council v Platt [2017] UKSC 28

When Mr Platt took his daughter out of school during term time for a holiday in Florida he was landed with a penalty notice from Isle of Wight Council. The case made its way up to the Supreme Court and garnered national headlines as the following question had to be decided: what does it mean to attend school regularly? Music from bensound.com

Duration: 00:06:33

Essop v Home Office; Naeem v SoS for Justice [2017] UKSC 27

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...

Duration: 00:10:46

AB v HM Advocate [2017] UKSC 25

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

Duration: 00:08:58

Wood v Capita Insurance Services Ltd [2017] UKSC 24

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

Duration: 00:06:57

Supreme Court Considers the Charlie Gard Case

In a Permission to Appeal ruling the Supreme Court considers the heart-breaking case of Charlie Gard.

Duration: 00:05:24

BPE Solicitors v Hughes-Holland (in substitution for Gabriel) [2017] UKSC 21

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.

Duration: 00:09:54

Gordon v Scottish Criminal Cases Review Commission [2017] UKSC 20

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

Duration: 00:07:33

AIG Europe Ltd v Woodman [2017] UKSC 18

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.

Duration: 00:08:35

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2017] UKSC 16

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.

Duration: 00:10:48

In the matter of EV (A Child) (Nos. 1 & 2) (Scotland) [2017] UKSC 15

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.

Duration: 00:05:56

Term Time Holidays - 3 Key Points

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.

Duration: 00:08:38

Newbigin v S J & J Monk [2017] UKSC 14

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.

Duration: 00:05:40

Homes and Communities Agency v J S Bloor (Wilmslow) Ltd [2017] UKSC 12

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.

Duration: 00:06:23

R (Agyarko) v Secretary of State for the Home Department [2017] UKSC 11

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

Duration: 00:12:30

R (MM (Lebanon)) v SoS for the Home Department [2017] UKSC 10

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

Duration: 00:07:34

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