Uk Law Weekly

Jalloh was unlawfully subject to restraints on his liberty by the Home Office after immigration proceedings. In his claim for damages a question was raised about the difference between imprisonment under common law and the restraint of liberty under human rights law. In this episode we ask whether now is the time that those two concepts were merged together. Music from bensound.com

In this planning law case we discuss what openness means in the context of the green belt. A balance has to be struck between preserving the aesthetic quality of an area while allowing at least some development to take place. This episodes considers factors that should be taken into account and the role played by planning officers. Music from bensound.com

Universal credit has proven to be a controversial policy across the UK. The legal challenge in this case comes from Northern Ireland but before it could proceed the Supreme Court had to decide whether this was indeed a devolution issue. Music from bensound.com

When an import of garlic turned out to be from China instead of Cambodia the company became liable for a rather large tax bill that was well overdue. The question in this case is whether it was too late for HMRC to issue its demand but in this episode we also take time to consider the relationship that the UK has with the principles of EU law and how this might be affected by Brexit. Music from bensound.com

A planning application was granted by a local council so that a new wind turbine could be built but was then challenged by a local resident. Part of the inducement to grant permission was an annual donation to a community benefit fund but it was argued that this was not a material consideration that should have been taken into account. In this episode we also discuss how well planning law is facing up to a range of issues that it faces in the 21st Century. Music from bensound.com

The bedroom tax is one of the most controversial policies in recent memory and has disproportionately affected those with disabilities. In a 2016 case the Supreme Court found that the regulations were in breach of human rights law but does that change how the law should be applied by public authorities on a day-to-day basis? In this episode we answer that question and learn more about how the human rights legislation interacts with the rest of the legal system. Music from bensound.com

The Liberian civil war was one of the bloodiest and most brutal conflicts in modern history. Abuses were rife on both sides but a recent arrest in the UK of one specific individual led to charges of torture dating back to 1990. The law requires such a person to be acting in an official capacity but the Supreme Court was left to decide what this means when the question of which side is in power is up in the air. Music from bensound.com

Fraudulent transactions made by a Saudi businessman left his creditors out of pocket but in this case it is the company that he was funneling the funds through that sued the bank for carrying out his instructions. At the heart of proceedings is the Quincecare duty that states a bank should not follow the dishonest instructions of its customers and in this episode we discuss its place as part of the modern legal system. Music from bensound.com

When the married couple in this case decided to split up there was a question about whether their young daughter should return with her father to Israel or remain in London with her mother. As the case progressed the central issue became the use of something called the 'inherent jurisdiction of the court' that allows a judge to make a decision on almost any matter at all. Should this be allowed here and how should the inherent jurisdiction be properly used? These are the questions that the Supreme Court was asked and that we analyse in this episode. Music from bensound.com

In the early 2000s a scandal erupted when it was found that a leading manufacturer of silicone breast implants had not followed regulations and therefore put a significant number of women at risk. As these sub-standard implants leaked and ruptured the number of compensation claims began to flood in. This case looks at the situation where the medical clinic became insolvent and so the claimants went after the insurance company instead. Would they get the damages that they deserved or end up merely with a judgement that was barely worth the paper it was written on? Music from bensound.com

In this case an application for planning permission was blocked by a landlord. While this was in line with the lease agreement questions were raised over whether the refusal of consent was reasonable or not. In this episode we try to understand under what circumstances it is reasonable to withhold consent and the factors that the court should take into account when coming to that decision. Music from bensound.com

An administrative error creates an opportunity for a company to end an agreement that costs them thousands of pounds every year. When they do this the case ends up going to the Supreme Court who have to make a decision about just how costly that error will ultimately be. Music from bensound.com

The invention of the electrochemical capillary fill device (ECFD) represented an important development for blood glucose sensors but the inventor, Professor Ian Shanks, never saw a penny himself. In this case we follow his bid to be compensated properly for his work and critique the factors that are taken into account when the courts arrive at a decision in cases like this. Music from bensound.com

The budget cuts to the administration of justice have had a profound impact since their implementation. Access to justice has been hampered for some of the most vulnerable in society but they are not the only ones affected. In this case we look at a judge who made complaints about the extra stress and pressure that she was under but the question was whether she could be classified as a worker under UK law. Music from bensound.com

The relationship between the Channel Islands and the UK is fairly settled but in this case a new element is added into the equation: the European Union. The background to the dispute is relief from inheritance tax but in these proceedings the Supreme Court also addresses wider questions of jurisdiction and the operation of law. Music from bensound.com

In one of the most important, constitutional judgments of modern times, the Supreme Court was charged with deciding whether the prorogation of Parliament announced on 28th August 2019 was lawful or not. With a Brexit deadline of 31st October looming the judgment was also of huge practical importance as it affected the ability of MPs to fully scrutinise the actions of the government. In this episode we review the decision and reflect on it in the light of the 2019 general election. Music from bensound.com

Whether someone consents to the deprivation of their liberty is often an irrelevant question. Sometimes people are locked up because they are a danger to society whereas others are simply limited because it is in their best interests. Nevertheless that point of consent in a medical context is important and so in this case we explore whether the parents of a young man who is not quite yet an adult can still use parental responsibility to consent on his behalf. Music from bensound.com

What happens when the will of a totalitarian regime comes up against the English legal system? How can that system maintain its integrity in the face of such manifest injustice? In this case that concerns a jurisdictional dispute we get answers to those questions and they might just surprise you. Music from bensound.com

In this case about farming subsidies and the payment of VAT we consider the issue from a moral standpoint and ask what role the law can play to establish a more just system. Music from bensound.com

Access to information about a legal case in open court is vitally important to any functioning democracy but is also necessarily subject to certain restrictions. In this case the Asbestos Victims Support Groups Forum UK are seeking information about proceedings involving a former asbestos manufacturer. Both parties have a different interpretation of the Civil Procedure Rules and it is up to the Supreme Court to make a final decisions Music from bensound.com