UK Law Weekly

How many years does a person’s immigration status have to be in limbo before they are granted leave to remain? https://uklawweekly.substack.com/subscribe Music from bensound.com

If an employer fires an employee for going on strike then they can sue for unfair dismissal but what about if the employer simply disciplines the worker and does not actually fire them? In this episode we explore this possible gap in the legal protections available. https://uklawweekly.substack.com/subscribe Music from bensound.com

Two motor car accidents prompt the courts to examine how compensation for whiplash and non-whiplash injuries should be assessed. We then go on to discuss some of the criticisms of the Civil Liability Act 2018. https://uklawweekly.substack.com/subscribe Music from bensound.com

This week on the podcast we look at two cases concerning the European Arrest Warrant and consider how it can achieve justice while also protecting the rights of the individual. https://uklawweekly.substack.com/subscribe Music from bensound.com

Did Amazon's website in the U.S. breach the UK's trade mark law by advertising goods for sale that could be delivered to the UK? https://uklawweekly.substack.com/subscribe Music from bensound.com

A case about the mental health treatment for offenders raised questions about differences in the law between England and Wales and Northern Ireland. In this episode we also discuss the dynamic that exists between the Supreme Court and courts in other parts of the UK. https://uklawweekly.substack.com/subscribe Music from bensound.com

It is not often that motor accident cases make their way to the Supreme Court but that is what happened when one unfortunate driver was involved in two accidents, neither of which were her fault. https://uklawweekly.substack.com/subscribe Music from bensound.com

This week on the podcast we cover one case about when prisoners can be recalled to jail and another about the application of tax law in the Channel Islands. https://uklawweekly.substack.com/subscribe Music from bensound.com

A Russian divorce case finds its way into the English courts as the former wife of an oligarch seeks a financial remedy https://uklawweekly.substack.com/subscribe Music from bensound.com

A pirate attack in the Gulf of Aden is background for our case this week as the Supreme Court is asked whether the owner of the goods being shipped should be responsible for ransom payments. https://uklawweekly.substack.com/subscribe Music from bensound.com

Three examples of medical negligence led to claimants arguing that they should be compensated for having to witness the preventable death of a family member. https://uklawweekly.substack.com/subscribe Music from bensound.com

This week on the podcast we cover three cases relating to private international law, trusts, and the tort of negligence. https://uklawweekly.substack.com/subscribe Music from bensound.com

In this double episode we cover a case about someone who got sick on holiday and then think about whether an AI should be considered to be an inventor. https://uklawweekly.substack.com/subscribe Music from bensound.com

**Newcomer injunctions are controversial because they enforce rights over land against people who are unnamed and have not yet committed any sort of breach. In this case, a group representing Gypsies and Travellers challenged the ability of courts to grant such injunctions. We also discuss how this decision might impact the rights of protestors.** [**https://uklawweekly.substack.com/subscribe**](https://uklawweekly.substack.com/subscribe) **Music from bensound.com**

Two immigration cases required the Supreme Court to wade through the Immigration Rules. Asad A. Khan’s piece on this decision: https://asadakhan.wordpress.com/2023/12/04/supreme-court-dismisses-long-residence-appeals/ Subscribe to my newsletter: https://uklawweekly.substack.com/subscribe Music from bensound.com

Under what circumstances should a local authority be forced to comply with a legal duty to house someone who is disabled and homeless? https://uklawweekly.substack.com/subscribe Music from bensound.com

In this week's episode a tax case looks at what happens when assets are transferred abroad. https://uklawweekly.substack.com/subscribe Music from benesound.com

A number of Deliveroo drivers wanted to be represented by a union for collective bargaining purposes. That request was rejected because they were held not to be in an employment relationship. Now the question proceeds to the Supreme Court. https://uklawweekly.substack.com/subscribe Music from bensound.com

The Rwanda decision from the Supreme Court has the chance to affect government policy, create a schism within the Conservative Party and even influence campaigning ahead of the next general election. https://uklawweekly.substack.com/subscribe Music from bensound.com

Another PPI claim raises questions about the way that limitation periods operate. https://uklawweekly.substack.com/subscribe Music from bensound.com

The Danish tax authorities tried to recover refunds that, they allege, were obtained fraudulently. Should their claim be allowed to proceed in the English and Welsh courts? https://uklawweekly.substack.com/subscribe Music from bensound.com

How should a court react when it is presented with a European Arrest Warrant but there are concerns that the conviction is unsafe? https://uklawweekly.substack.com/subscribe Music from bensound.com

Should administrators be subject to the same duties as managers when it comes to making redundancies in a company facing administration? The Supreme Court was asked to make a decision. https://uklawweekly.substack.com/subscribe Music from bensound.com

A recent tax case prompts examination of when a share option exists in an employment situation. https://uklawweekly.substack.com/subscribe Music from bensound.com

Concerns about the investigation of a death during the Troubles in Northern Ireland allow the Supreme Court to consider the historic effect of the Human Rights Act. https://uklawweekly.substack.com/subscribe Music from bensound.com

A case about exemptions from paying VAT forced the Supreme Court to consider what constitutes a financial service. https://uklawweekly.substack.com/subscribe Music from bensound.com

The aftershock from the PPI scandal that engulfed banks almost 20 years ago are still being felt. In this case two claimants queried the deadline for claims. https://uklawweekly.substack.com/subscribe Music from bensound.com

A dispute over pay required a fresh look at EU law. https://uklawweekly.substack.com/subscribe Music from bensound.com

A serious allegation of bribery on an international scale is the background to this case. The decision of the Supreme Court could decide whether the case goes ahead in open court or behind closed doors. https://uklawweekly.substack.com/subscribe Music from bensound.com

A dispute arose between two local authorities about who should provide after-care services for a patient who had moved between detentions under the Mental Health Act 1983. https://uklawweekly.substack.com/subscribe Music from bensound.com

Compulsory purchases of land are governed by the Land Compensation Act 1961. In this episode we discuss whether that legislation is still fit for purpose and the reforms that have been proposed https://uklawweekly.substack.com/subscribe Music from bensound.com

This case asks about the circumstances when someone can bring a case against a decision made by a trustee in bankruptcy. In the episode we also discuss what policy factors play a role when the court decides who does and does not have standing. https://uklawweekly.substack.com/subscribe Music from bensound.com

A competition law case could shape the future of how litigation is funded. https://uklawweekly.substack.com/subscribe Music from bensound.com

An injunction against a Birmingham gang member raises questions about the right to a fair trial and the standard of proof that an applicant must satisfy. http://uklawweekly.substack.com/subscribe Music from bensound.com

If Mr McCulloch had been given Ibuprofen he might still be with us today but his chest pain had gone and the echocardiogram showed no sign of inflammation around the heart. In this episode we discuss whether his doctor should be considered negligent in these circumstances. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a couple were defrauded of £700,000 they claimed that their bank owed them a duty. In this episode we explore this within the context of the so-called Quincecare duty that banks owe to their customers and how the law has developed to deal with cases of fraud. https://uklawweekly.substack.com/subscribe Music from bensound.com

When an armed police officer shot and killed a man the investigation by the Independent Office for Police Conduct recommended that the objective civil law test be applied. The Metropolitan Police Service disagreed and thus began this case about the standard we expect from the police in public life. https://uklawweekly.substack.com/subscribe Music from bensound.com

A Palestinian refugee was unable to come to the UK because she was registered with the wrong UN agency. As part of her judicial review claim the court considered the extraterritorial effect of the Equality Act. https://uklawweekly.substack.com/subscribe Music from bensound.com

Following a divorce, a wife applied for financial relief but the husband died before a final determination. In this case the Supreme Court asks whether the claim can still be pursued against the estate or whether the law only grants personal rights against the individual. https://uklawweekly.substack.com/subscribe Music from bensound.com

Questions were asked about a scheme to get golden visas after it appeared the money was being funnelled to Russia. https://uklawweekly.substack.com/subscribe Music from bensound.com

A tragic death raises questions about the state's duty to protect those who are vulnerable. https://uklawweekly.substack.com/subscribe Music from bensound.com

Under what circumstances should the Supreme Court change their mind about a previous decision? https://uklawweekly.substack.com/subscribe Music from bensound.com

An exclusive gym seeks to benefit from its charitable status through an 80% reduction in business rates. https://uklawweekly.substack.com/subscribe Music from bensound.com

A tax case about what exactly tunnels and aqueducts are offers an opportunity to discuss what a modern approach to statutory interpretation should look like https://uklawweekly.substack.com/subscribe Music from bensound.com

Nigerian citizens brought a claim against Shell following an oil spill off the coast of their country. In this episode the Supreme Court considered whether this was a continuing nuisance for the purposes of tort law and discuss what effect this has on the time limits for bringing a claim. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a woman was attacked by an elder of the Barry Congregation of Jehovah's Witnesses, she attempted to sue the church for damages. https://uklawweekly.substack.com/subscribe Music from bensound.com

Should the government be allowed to change the custodial part of a sentence after the fact? That is the question before the Supreme Court this week in a case from Northern Ireland. https://uklawweekly.substack.com/subscribe Music from bensound.com

When it comes to thinking about whether a prisoner should be released early, how should the Parole Board deal with allegations that have not been proven in a court of law? In this episode we discuss how the Supreme Court clarified the role of the Board and why this decision was then used a precedent in another case only hours later. https://uklawweekly.substack.com/subscribe Music from bensound.com

In this tax case the legislation created a paradox for the Supreme Court to unravel. https://uklawweekly.substack.com/subscribe Music from bensound.com

The Russia-Ukraine conflict makes its way to the Supreme Court as Russia demands repayment of a debt that is owed. https://uklawweekly.substack.com/subscribe Music from bensound.com

When Ofcom proposed to licence a piece of telecommunications equipment, the Home Secretary stepped in because of national security concerns. A judicial review challenged that decision by the Secretary of State on the basis that Ofcom have a statutory duty to make the regulations. https://uklawweekly.substack.com/subscribe Music from bensound.com

Rent Repayment Orders can be used to force landlords to pay back an amount of rent when certain housing offences have been committed. In this case the Supreme Court is asked whether such an order can be made against a landlord's landlord (aka a superior landlord). https://uklawweekly.substack.com/subscribe Music from bensound.com

When Shropshire Council failed to consult over the sale of land held under a public trust, local residents commenced judicial review proceedings. More about the campaign: https://www.bbc.co.uk/news/uk-england-shropshire-64811541 Easements video: https://youtu.be/Uy1251WRmnQ https://uklawweekly.substack.com/subscribe

In this tax case, the Supreme Court considered whether digital editions of newspapers should be should be rated in the same way as print editions for the purposes of VAT. https://uklawweekly.substack.com/subscribe Music from bensound.com

What rights do landlords have to vary service charges? https://uklawweekly.substack.com/subscribe Music from bensound.com

This week the Northern Ireland Protocol found its way before the Supreme Court where its legal status was debated. https://uklawweekly.substack.com/subscribe Music from bensound.com

In 2016 the Tate opened up a viewing platform that proved an amazing vantage point for seeing the London skyline. Unfortunately it was also the perfect place to look directly into some nearby flats. As more and more tourists peered into the flats, took photos, and posted them on social media, the residents brought this claim based on the tort of nuisance. https://uklawweekly.substack.com/subscribe Music from bensound.com

A claimant was guaranteed a fee if a property sold for at least £6.5 million. When it was eventually sold for £6 million the courts were asked to step in so that the claimant at least got a reasonable fee for their efforts. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a dispute arose about the service charge payable on a commercial lease, the Supreme Court was asked to provide an interpretation that was legally sound and also made commercial sense. https://uklawweekly.substack.com/subscribe Music from bensound.com

Under Scottish law a disabled person can receive a discount on services that a local authority provides for them based on their means. In this case a claimant argues under the Equality Act that those deductions do not go far enough. https://uklawweekly.substack.com/subscribe Music from bensound.com

After their client entered into liquidation, a firm of solicitors attempted to recover their fee via an equitable lien. https://uklawweekly.substack.com/subscribe Music from bensound.com Additional music from Vuducru.

As one of the biggest Ponzi schemes collapsed, some of the decisions about who should be compensated earned a closer look from the Supreme Court. https://uklawweekly.substack.com/subscribe Music from bensound.com

What sort of conditions can a local authority impose on a landowner who is looking to develop a piece of land? https://uklawweekly.substack.com/subscribe Music from bensound.com

We explore the recent decision by the High Court which declared the Rwanda asylum plan to be legal. https://uklawweekly.substack.com/subscribe Music from bensound.com

Is a Northern Ireland Bill that restricts protests outside of abortion clinics incompatible with the right to protest? In this episode we talk about the legislative competence of the Northern Ireland Assembly and also discuss this judgment in the light of other recent decisions about protests. https://uklawweekly.substack.com/subscribe Music from bensound.com

The Supreme Court considers the argument for a Scottish independence referendum being held without the consent of the UK government. https://uklawweekly.substack.com/subscribe Music from bensound.com

How long should planning permission be good for? This week in the podcast we go way back and look at proposals from 1967. https://uklawweekly.substack.com/subscribe Music from bensound.com

A tragic injury suffered at birth is the basis for this case as we examine the status of English law and whether it should override the law in Germany. https://uklawweekly.substack.com/subscribe Music from bensound.com

A question about a historic VAT claim leads the Supreme Court to ponder the principle of effectiveness in EU law. https://uklawweekly.substack.com/subscribe Music from bensound.com

A family dispute over the inheritance of a farm makes its way to the Supreme Court. What remedies should be available to a son who was disinherited after providing the family with cheap labour for most of his life. Two very different approaches are considered. https://uklawweekly.substack.com/subscribe Music from bensound.com

This case looks at the payment of VAT and how HMRC can intervene in a self-assessment. We also discuss the power of HMRC relative to taxpayers and what this means in terms of achieving justice in the tax system. https://uklawweekly.substack.com/subscribe Music from bensound.com

At what point is a company deemed to be probably heading towards insolvency? That question is important because it affects how much consideration directors should give to the company's creditors. Listen to this episode to find out how the Supreme Court struck a balance. https://uklawweekly.substack.com/subscribe Music from bensound.com

Political protests continue to dominate the headlines as the courts try to get the balance right between prosecuting offences and upholding freedom of expression. This week we ask whether the Attorney General was right to make a reference in respect of the Colston Four. https://uklawweekly.substack.com/subscribe Music from bensound.com

15 years ago Maddie McCann went missing in Portugal. Now they face the former police inspector in the European Court of Human Rights. Subscribe: http://uklawweekly.substack.com/subscribe Music from bensound.com

A man finds out the consequences of lying on his CV. https://uklawweekly.substack.com/subscribe Music from bensound.com

A financial investment adviser who is due to go on trial for fraud asked the court to adjust a restraint order that froze his assets so that he could pay legal expenses in relation to civil proceedings brought by investors. The question for the Supreme Court was whether the order could be varied or if the civil proceedings related to the offence. https://uklawweekly.substack.com/subscribe Music from bensound.com

What are the tests that should be used by judges when deciding whether or not to deport foreign criminals and what factors should be taken into account? In this episode the Supreme reviews case law from recent years to provide an answer and we consider how the law might change in this area under a new prime minister. Link to Asad Khan's blog post: https://asadakhan.wordpress.com/2022/07/24/ko-nigeria-judgment-does-not-set-out-a-notional-comparator-baseline-test/ https://uklawweekly.substack.com/subscribe Music from bensound.com

In this case the Supreme Court was asked to consider two different methods of working out holiday pay. One was more favourable to workers while the other was closer to the method found in EU case law. This episode also discusses the implication of the decision across a number of sectors. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a Filipino woman allegedly worked in conditions of modern slavery for a Saudi diplomat she brought a case against him in the employment tribunal. Should the diplomat be allowed to rely on his diplomatic immunity to avoid the suit? The Supreme Court provides an answer. https://uklawweekly.substack.com/subscribe Music from bensound.com

After a hip replacement went wrong, the appellant in this case decided to sue the manufacturer. In this episode we look at consumer protection law and discuss the appropriate burden of proof https://uklawweekly.substack.com/subscribe Music from bensound.com

Legal cases are all about the interpretation of words but what are courts to do when those words only have vague and amorphous meaning? In this telecommunications case the Supreme Court discuss the meaning of the word 'occupier'. https://uklawweekly.substack.com/subscribe Music from bensound.com

This week the Supreme Court discusses the circumstances under which children should be removed from their parents and the importance of considering other courses of action. https://uklawweekly.substack.com/subscribe Music from bensound.com

In what circumstances can a court or tribunal change its mind about a decision it has made? https://uklawweekly.substack.com/subscribe Music from bensound.com

What are the factors that a judge should take into account when deporting a foreign criminal? In this episode we discuss that question and reflect on the recent Rwanda debacle. https://uklawweekly.substack.com/subscribe Music from bensound.com

What sort of immunity should public bodies have from costs orders? Does an adverse costs order discourage them from carry out their function? In this episode we discuss the Supreme Court's answer to that question. https://uklawweekly.substack.com/subscribe Music from bensound.com

In what circumstances should a defendant get a sentencing discount for a guilty plea? In this case we examine a guilty plea at arraignment and discuss whether a discount should be permitted when a defendant is caught red-handed. https://uklawweekly.substack.com/subscribe Music from bensound.com

In this tax case a company tries to take advantage of an earlier ruling to claim nearly £500,000 from HMRC. This test case could end up costing the UK taxpayer £1 billion if successful. https://uklawweekly.substack.com/subscribe Music from bensound.com

A challenge to the legality of a voter ID pilot scheme found its way before the Supreme Court and so in this episode of the podcast we use that as a jumping off point to discuss the Elections Act 2022. https://uklawweekly.substack.com/subscribe Music from bensound.com

In what might be one of the final cases decided on the basis of principles of EU law, an argument is made against a tax regime because it is discriminatory and constitutes a restriction on the free movement of capital. https://uklawweekly.substack.com/subscribe Music from bensound.com

There is sometimes a fine line between following standard accountancy practices and exploiting loopholes in the law. In this case the Supreme Court looked at the case of a company that was using the rules to gain an advantage. https://uklawweekly.substack.com/subscribe Music from bensound.com

In this special episode of the podcast we take a look at the Supreme Court as it is constituted under Lord Reed by reviewing two recent articles: In The Shallow End by Conor Gearty - https://www.lrb.co.uk/the-paper/v44/n02/conor-gearty/in-the-shallow-end The Reed Court by Numbers by Lewis Graham - https://ukconstitutionallaw.org/2022/04/04/lewis-graham-the-reed-court-by-numbers-how-shallow-is-the-shallow-end/ Music from bensound.com https://uklawweekly.substack.com/subscribe

How do lawyers claim their fees from a no win, no fee case? The Supreme Court explores what rights firms have over their client's compensation. https://uklawweekly.substack.com/subscribe Music from bensound.com

A question about a fixed-term secure tenancy raised broader issues about the relationship between contracts and statutory protections. https://uklawweekly.substack.com/subscribe Music from bensound.com

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