Uk Law Weekly

In the second of two cases looking at illegality as a defence we turn to the proceedings brought by Ecila Henderson who murdered her mother during a psychotic episode. It turned out that the NHS Trust was negligent in its care and she should never have been in a position to commit this awful act in the first place. She claimed damages from the NHS Trust for their negligence and the Supreme Court was asked to consider if her criminal action should serve as a bar to her claim. Music from bensound.com Subscribe to the newsletter: https://uklawweekly.substack.com/subscribe

When Maria Grondona committed mortgage fraud she didn't think that her plans would inadvertently fall apart because of the negligence of her solicitors. She pursued a claim for professional negligence but the key question in that case was whether that claim should be allowed to proceed given her own illegal activities. In this episode we also consider the development of case law since the 2016 decision in Patel v Mirza. Subscribe to the newsletter: https://uklawweekly.substack.com/subscribe Music from bensound.com

When Mr. Pathan submitted his immigration application everything appeared to be in order. However the Home Office later decided to take away the sponsorship licence form his employer leaving his application doomed to failure. In this episode we discuss whether the Secretary of State was under a duty to let Mr. Pathan know about this development and if he should have time to rectify the issue. Music from bensound.com

When Z and her family needed social housing she turned to her local council for support. Unfortunately the search took longer than expected because one of the charities that provides such accommodation only does so for members of the Orthodox Jewish community. In this anti-discrimination case the Supreme Court has to balance the needs of those who require housing against the aims and wishes of charitable organisations. Music from bensound.com

Animal welfare concerns also enter into the slaughterhouse to ensure that animals are killed in as humane a way as possible without any unnecessary cruelty. When a slaughterhouse was charged with two offences a debate arose as to what level of intent was required. On this episode we discuss the implications of strict liability in a criminal law context and how animal welfare might be affected by Brexit. Music from bensound.com

A fire at a Russian power plant led to the insurance company raising questions about the quality of the construction work. While there is an arbitration agreement in the contract it was unclear whether this was governed by English law or Russian law and so the Supreme Court had to find an answer. Music from bensound.com

A breach of several patents raises questions about the operation of intellectual property law in the mobile phone market and the behaviour of certain Chinese companies. The Supreme Court decides on a range of issues including the impact of competition law in this area. Music from bensound.com

In order to attract a major retailer to his new shopping centre Mr Shortall agreed that Dunnes Stores would not have any competitors on the site. After a few years and with the shopping centre struggling to attract customers Shortall tried to get out of the agreement. In this judgment the Supreme Court had to decide whether the promise was a restraint of trade. Music from bensound.com

What were the motivations of a person who is now dead? That was the question before the court in this tax case as a dispute with HMRC arose in relation to the payment of inheritance tax. Music from bensound.com

A breach of a chartering contract brought up allegations of torture and the Supreme Court had to decide how such evidence should be reviewed in the English courts. Music from bensound.com

When a messy divorce spilled over into the way that a charity is organised the deciding vote remained with one member. Whether the courts should step in to ensure that justice is done is the subject of this case before the Supreme Court. Music from bensound.com

When Mark Sutherland agreed to meet up with a child he had talked to via a dating app he did not expect to be met by a group of paedophile hunters. After the correspondence was handed over to the police its use as evidence was challenged for being a breach of the right to private life. In this human rights case it was for the Supreme Court to decide how far the rights go to protect even those convicted of the most heinous offences. Music from bensound.com

Avoiding the consequences of a judgment by transferring money to a different account is probably one of the least honest things that you can do. However in this case the attempt to recover that loss looked to be prevented by something called the 'reflective loss principle'. It is up to the Supreme Court to decide how this principle should operate and we discuss whether such a principle has any place in the UK legal system at all. Music from bensound.com

A divorce application in Scotland sits alongside a maintenance application in England. In this case the Supreme Court has to decide how feasible this is in line with relevant EU law. Music from bensound.com

After a confiscation order was made against a benefits fraudster questions were raised about its validity. The court had not given other persons with an interest in the relevant property a chance to make their own representations. In this appeal the Supreme Court was asked to make a close analysis of the Proceeds of Crime Act 2002. Music from bensound.com

How time limits on claims work can often feel very technical but they have a significant impact when there is money on the line. This case looks at a claim made by a bingo company amid questions about how VAT should be charged on games. We also look at what the decision means for the way HMRC operates as well as bingo in the time of coronavirus. Music from bensound.com

As the research to find a vaccine for the coronavirus continues in earnest the case in this episode involves a patent that might hold part of the answer. The dispute gets to the heart of patent law and the balance that has to be struck between protecting the rights of inventors while at the same time encouraging new and continued innovation. We also discuss how this operates in practice in the pharmaceutical industry. Music from bensound.com

The relationship between siblings is an important part of family life and this case considers the human rights implications of that relationship in the context of children's hearings in Scotland. Does an older brother or sister have a right to their say in what should happen to their sibling? Music from bensound.com

In the building industry speed and efficiency are the most important factors when it comes to dispute resolution. That is put to the test in this case where an electrical contractor enters into insolvency and the liquidator is left to sort out the financial mess left behind. Music from bensound.com

Most consumers don't think twice about what happens behind the scenes when they use their card to pay for something in a supermarket but for the stores themselves this is a point of contention. In this case they take on the card companies for alleged anti-competitive practices and the Supreme Court is offered the opportunity to consider a wide range of issues. In this episode we also have a broader discussion of economics and the law. Music from bensound.com