Uk Law Weekly

When X went on holiday to Sri Lanka she was raped and assaulted by a hotel employee. In this claim against the tour operator she is seeking compensation but, as we discuss in this episode, it will require a stretched interpretation of EU law. There is also a close examination of the likely fallout if the Court of Appeal judgment is allowed to stand. Music from bensound.com

When the Cleveland Meat Company bought a bull at auction they were dismayed when it was found post-mortem that the meat was not fit for human consumption. They sought to challenge the decision of the Official Veterinarian on this matter but the means of doing so was far from clear. In this episode we look at the issues, consider the impact of EU law on this area and examine the preliminary reference questions that the Supreme Court has submitted to the Court of Justice of the European Union. Music from bensound.com

Franco Vomero has lived in the UK since 1985. In 2001 he killed a man and was convicted of manslaughter. Upon his release from prison the Home Secretary decided to send him back to his home country of Italy. In this case the Supreme Court looked at what it means to have a right of permanent residence and in our discussion we attempt to take stock of what it means to use deportation as a form of punishment. Music from bensound.com

MM was denied the Personal Independence Payment (PIP) benefit because he did not fit into the right category when it came to the support he needed for face to face social engagement. The dispute reached the Supreme Court and it was up to the Justices to provide an interpretation of what "social support" actually means in this context. In this episode we discuss that decision and how the courts can struggle to ensure that legislation remains applicable to everyone beyond the facts of one particular case. Music from bensound.com

At the heart of this case is a fairly simple question: when the conditions for use of a building are varied in a new planning permission, what previous conditions remain in place? For many years the Homebase store in Streatham Vale was prohibited from selling food but the position after a 2014 permission was no longer clear and the case eventually ended up before the Supreme Court. In this episode we discuss the judgment in this case and suggest legislative changes that would help to reduce the amount of confusion in this area. Music from bensound.com

Restraint of trade clauses are an essential feature of employment contracts because they protect the interests of employers whilst also ensuring employees have the right to go ahead and find another job. However striking a balance between these two objectives is something that the courts have struggled with over the years and this case is no different. What does it mean if an employee is prohibited from having an "interest" in a rival company and what approach should the courts take when dealing with such a clause? We find out the answer to those questions and then consider the wider implications for contracts of employment. Music from bensound.com

Tamara Gubeladze was hoping for a quiet retirement in the UK having spent most of her life in Latvia. She thought that she had met all the conditions necessary to be entitled to a state pension but the Secretary of State denied her request for failing to comply with the Worker Registration Scheme that was established in the UK after Latvia joined the European Union. As the Supreme Court decides her fate we take the opportunity in this episode to also consider how principles of EU law have impacted our own legal tradition and whether this will change after Brexit. Music from bensound.com

Wholesalers of alcohol now have a legal requirement to be a fit and proper person in the eyes of HMRC. For many this was a mere formality but others were suddenly worried about going out of business when they were unable to clear this new hurdle. OWD Ltd. faced this problem and while their appeal was pending they sought temporary relief so that they could at least trade in the meantime. When this was denied the question eventually ended up before the Supreme Court and on this episode we discuss the ramifications of the final decision. Music from bensound.com

When the shipping vessel Renos was badly damaged by an engine room fire the question for insurance purposes was when the repairs to the ship began. Should the cost of salvaging the ship be included as part of the money needed to get the ship repaired or is this limited to work done once the vessel is back in port? In this episode we discuss the Supreme Court's answer and think about alternative ways in which insurance contracts could potentially operate. Music from bensound.com

When Terryann Samuels was unable to keep up with her rent and was made homeless Birmingham City Council claimed that it was under no obligation to help her because she had become "intentionally homeless". The Supreme Court considered whether Samuels' previous accommodation had in fact been affordable based on her income and came to a conclusion that may have long-lasting consequences in respect of how such decisions are made by local authorities. In this episode we also give thought to the state of legal aid in this area. Music from bensound.com

In 2014 a number of newspaper articles were published that made serious allegations against the ex-husband of a former policy adviser to Gordon Brown. It turned out that those articles had no basis in fact and so this action in defamation came before the courts. When the question went before the Supreme Court the Justices were given the opportunity to offer a full interpretation of section 1 of the Defamation Act 2013. In this episode of the podcast we discuss the background to the 2013 Act as well as the consequences of this judgment. Music from bensound.com

In June 1974 an unarmed man with learning difficulties was shot in the back as he was running away from British soldiers during the Troubles. Nearly half a century later one of the soldiers involved is due to face trial. In this judicial review the Supreme Court was given the opportunity to consider whether the Director of Public Prosecutions was correct to restrict trial by jury. This episode also examines the public interest in such a prosecution. Music from bensound.com

When GN was a child he was physically and psychologically abused by the neighbours from hell yet the local council did next to nothing to step in and try to offer some sort of protection. Now that GN is an adult he is seeking compensation and we find out to what extent the duties of local authorities translate into actual accountability. Music from bensound.com

Tax avoidance must be the bane of any legislation drafter's life. As soon as you produce even one provision there are already hundreds of tax lawyers and accountants poring over it to try and find loopholes. In this case we look at a loophole that appears to have existed in plain sight for a number of years but now the Supreme Court has to decide whether to follow the law or look behind it to the actual intention of Parliament. Music from bensound.com

Business rates are paid based on a valuation of the non-domestic property in question. In this case a dispute arose when empty offices in Blackpool were valued at an annual rent of £490,000 by the valuation officer before a tribunal reduced that down to £1 after finding there was no actual interest in the property from potential tenants. After looking at the decision we also consider what approach offers the best hope for deprived areas such as Blackpool. Music from bensound.com

The Investigatory Powers Tribunal is the only judicial means of holding the secret services to account but it operates in the shadows with almost no connection to the formal legal system. In this case the Supreme Court has the opportunity to assess whether the decisions of the tribunal should still be subject to judicial review despite an ouster clause. Music from bensound.com

The benefits cap is one of the most controversial policies in recent years and in this case the Supreme Court were given the opportunity to scrutinise the legislation on human rights grounds. In this episode we examine that decision and the approach employed by the Justices. Music from bensound.com

Since 2005 it is alleged that the Nchanga Cooper Mine in Zambia has been pumping out toxic chemicals into the water supply and caused havoc for the local population who now demand compensation. As the parent company is domiciled in the UK the claimants initiated the case here but arguably Zambia is more appropriate. In this episode we consider the jurisdiction question in light of the factors that should be taken into account. Music from bensound.com

What happens when a tax avoidance scheme runs a little too closely to what is within the bounds of the law? For Mr Derry this meant an unwelcome investigation from HMRC and a bill for almost £100,000. In this case we examine the judicial review of that decision and consider how the courts should account for tax avoidance schemes when it comes to statutory interpretation. Music from bensound.com

The quality of meat products has been a rightful concern of consumers for many years. In this episode we look at how European Union rules have affected the meat industry and whether categorisation operates in a fair manner. Music from bensound.com