Uk Law Weekly

What happens when a dispute on Facebook ends up in the courts? The Stockers were once happily married but now they are divorced and Mrs Stocker made some serious accusations about her former husband on the social media platform. In this defamation case we consider how judges should approach statements that are posted online. Music from bensound.com

Exactly how much coverage does car insurance offer? It has to protect a driver from most liability but that chain of causation has to end at some point. In this episode we delve into a case involving someone who was attempting to repair their own car but ended up starting a fire that caused £2 million worth of damage. As we do so we also think about what it means to "use" a vehicle. Music from bensound.com

The use of Viagra as treatment for erectile dysfunction is well known but there are alternatives that exist which arguably work more effectively. In this episode we examine a patent relating to the dosage used for one such alternative, Cialis. However in order to achieve a patent there has to be an 'inventive step' taken and so the question in this case is whether simply working out the correct dosage is enough to qualify. We also consider the latest updates on progress towards the Unified Patent Court. Music from bensound.com

The provision of higher education in the UK has undergone dramatic changes in recent history with more private organisations entering the market. This raises an important existential question: what does it mean to be a college or a university? In this episode we consider the answer that is offered by the Supreme Court and then go on to think about whether the disruptive influence of private institutions is a good thing for the sector or means a decline in the quality of higher education. Music from bensound.com

Fraud and deception between cousins is the theme of this week's case. When a forged signature was only exposed after the final judgment the question was whether the victim could return to the courts or if doing so would undermine the certainty that law in the UK is founded upon. Music from bensound.com

The financial crisis of 2008 may now be far behind us but the legal ramifications are still subject to legal dispute. In this case we look at interest payments made to creditors after Lehman Brothers went into administration and consider what should rightly happen to those assets. Music from bensound.com

The Immigration Rules are an integral part of the legal system but have been criticised for their complexity and prescriptive nature. In this week's episode we examine the rules in the context of the proposed deportation of Robinson who came to the UK as a child but has committed multiple criminal offences. He wanted to appeal the decision following the recent birth of his child but a jurisdiction issue stood in his way. Blog post mentioned in the episode: https://asadakhan.wordpress.com/2019/04/04/second-human-rights-claim-does-not-automatically-trigger-right-of-appeal-says-supreme-court/ Music from bensound.com

What role does medical evidence play in a legal battle? On the one hand medical practitioners bring their own clinical expertise to a case but the final decision rests with the judge. In this case the Upper Tribunal went against the medical evidence and it was up to the Supreme Court to decide the extent to which they had the right to do so. Music from bensound.com

This week we return to Northern Ireland for another case about the Troubles and unfortunately it's the same old story. More delays and further failures to investigate only provide more cause for resentment and in this case we examine the role that the courts have to play. Music from bensound.com

The European Arrest Warrant is a key tool for fighting crime and is a prime example of EU co-operation at its finest. In this case we explore what protection is available for those named in a warrant, deficiencies in the UK's implementation and what the future holds for this area as Brexit impends. Music from bensound.com

The murder of Pat Finucane, a solicitor from Belfast, in 1989 was the result of collusion between British security forces and loyalist terrorists. There has never been a proper inquiry into this death and in this judicial review Finucane's widow argues that this is a breach of Article 2 of the European Convention on Human Rights (the right to life). Music from bensound.com

When Bianca Cameron was involved in a car accident the driver at fault could not be identified so the question became 'who could she make a claim against?' Her decision to go after the insurance company by way of the anonymous driver raised some interesting legal questions such as the possibility of an anonymous defendant and the extent of an insurer's liability that we discuss in this episode. Music from bensound.com

In tort law a claim for 'loss of chance' can become very complicated when a claimant is seeking compensation for something that might have happened many years previous. A careful balance has to be struck between running a hypothetical trial and holding older evidence up for scrutiny. In this episode we discuss the burden of proof on a claimant in this context and how such a case should be conducted. Music from bensound.com

An estate agent agreed to help sell certain properties but was denied his 2% commission when the purchases were finalised for £2.1 million. In this case the court had to decide not only if there was an agreement between the agent and his client but also what the terms of such an agreement might be. In this episode we also examine the tendency amongst judges to rely on implied terms when it comes to contract disputes. Music from bensound.com

Criminal record checks are an important way to protect children and vulnerable adults from being exposed to those with a history of criminal convictions but when those convictions are for minor offences committed years ago the system operates to stymie the career opportunities of many people. In this episode we look at a challenge to that system and consider how the law can be reformed while continuing to be effective. Music from bensound.com

Wrongful conviction cases and miscarriages of justice are always of great interest to the media as they provide a mystery while simultaneously highlighting failures within our criminal justice system. However not much is made of what happens once the conviction is overturned and the innocent have to return to their lives outside prison walls. Something that can be of great help is compensation from the government but claiming this is becoming increasingly difficult and so in this judicial review two decisions made by the Secretary of State for Justice are being challenged on human rights grounds. Music from bensound.com

The Data Protection Act 2018 brought data protection law into the 21st Century and helped to provide a stronger legal framework for securing personal information. A side effect of this however is that it has made it much easier to convict people of relevant offences and that poses a threat to some of the foundational principles of criminal law. In this episode we consider a case decided under the old Act and then consider how the law has changed and what issues the new legislation brings up. Music from bensound.com

As Northern Ireland heads into its third year without a government the political situation is rapidly becoming more untenable. Unelected civil servants are making decisions normally reserved for politicians and in this case the Supreme Court considers the limits of their powers. Music from bensound.com

When Mr Darnley turned up to his local A&E with a serious head injury he was told that the wait might be 4-5 hours. In fact he should have been told that he would be seen by a triage nurse within half an hour and so in this case we examine the potential liability of the NHS Trust for the damage suffered. Music from bensound.com

The so-called 'gay cake' case pitted Christian business owners against a supporter of gay marriage. Conflicting human rights meant that both sides had very good arguments but who would eventually come out on top? In this episode we also consider the potential impact of the decision on the law moving forward. Music from bensound.com