Uk Law Weekly

With the EU referendum and the election of Donald Trump in 2016 people on both sides of the Atlantic began asking serious questions about the state of the democratic process in the West. In this episode we explore the origins of that debate by looking at election law and its impact on a key battleground for the 2015 general election. Music from bensound.com

In order to get a divorce in the UK there has to be some degree of fault by one side or the other. This might include adultery, separation or any of the other behaviours listed in the Matrimonial Causes Act 1973. Normally this causes little fuss as divorce petitions are rarely defended. One exception is in this week's case where a judge found that the ground for divorce had not been established and so the couple had to remain married. We critique the Supreme Court's response and investigate the idea of no fault divorce. Music from bensound.com

When Babar Ahmad arrived in handcuffs at a local police station on 2nd December 2003 he had a number of significant cuts and bruises. The officers claimed the suspect had resisted arrest while Ahmad pursued legal action for assault. As the case dragged on it was suggested that the Commissioner was not exactly as supportive of their officers as might be hoped and so the present case was brought in respect of reputational, economic and psychiatric damage caused. In this episode we also discuss the funding crisis affecting the police. Music from bensound.com

Payment of interest on a debt can either be a lower level of simple interest or a higher level of compound interest. In this episode we consider what type of interest the government should have to pay when refunding tax that had been collected by mistake. Precedent suggested that compound interest was owed even though this might cost the UK taxpayer £5 billion but it was up to the Supreme Court to decide whether this should be upheld. Music from bensound.com

Spousal maintenance has often been compared in the mainstream media to a 'meal ticket for life' but to what extent does that phrase hide a more widespread misogyny that underpins the way that we think about divorce law? In this episode we examine a case that involves a former wife not spending her money very wisely and then her subsequent request for more money from her ex-husband. This received a lot of attention in the press but we dive into the judgment and get to the real legal issue at stake. Music from bensound.com

When the state uses its power to take children away from their parents this has to be treated with a great deal of sensitivity. If consent is needed then that delegation of parental responsibility must be real and voluntary but does it also need to be informed consent so that parents are aware of their rights? In this episode we discuss the Supreme Court's response to that question and also consider how other factors can lead to a possible breach of the right to family life. Music from bensound.com

Funding terrorism has long been an offence even as the nature of terrorism has changed. The question that is being addressed in this case is what mental element (or mens rea) is required of the accused when it comes to this crime. Should we consider the viewpoint of that person or take a more objective stance based on society's standards? Music from bensound.com

Companies can group together in order to pay VAT but the exact way that these are structured or operate in a practical sense can be quite confusing. This became a real issue when it turned out that the period for refunding overpaid VAT was too short and had to be extended. As new claims filed in more questions were asked about VAT groups and it was up to the Supreme Court to provide answers. Music from bensound.com

When a bank fails it is split up into a 'good bank' and a 'bad bank'. The assets and liabilities that pass to each can vary but after it was decided that a large debt owed by the former Portuguese bank 'Banco Espírito Santo' would not pass to the good bank this was challenged by Goldman Sachs who argued that the agreement's jurisdiction clause meant that the UK courts should decide. In this episode we find out the answer and consider the legal, political and business consequences of banking collapses. Music from bensound.com

In 2004 Tony Blair struck the now infamous 'deal in the desert' with Libyan dictator Muammar Gaddafi. The assistance provided by the British Secret Intelligence Service in rendering political dissident Abdelhakim Belhaj back to his homeland in the run-up to that meeting was almost certainly a factor that contributed to getting the deal done. After years of torture Belhaj is now free and has been seeking justice from those involved. This case is part of that fight. Music from bensound.com

Ever since civil partnerships became available in the UK in late 2005 their status has been up in the air. Originally the only option available to same sex couples, they now have marriage as an alternative. In this case the Supreme Court considers whether civil partnerships should be available as an alternative to marriage for heterosexual couples. We also interrogate the religious arguments against civil partnerships as well as the state's involvement in this issue. Music from bensound.com

The Construction Industry Scheme has been in operation since the early 1970s and aimed to not only provide a means for the government to collect tax but also to crack down on tax evasion in the sector. Trusted sub-contractors can be awarded certificates that exempt them from the requirements of the Scheme and so JP Whitter were not happy when their certificate was cancelled. Their appeal against that decision is the subject of this case but we also analyse whether the scheme is still fit for purpose in 2018 or should be subject to reform. Music from bensound.com

With a thriving Muslim population and growing investment from the Middle East there is a need for Islamic financial practices to be integrated into English law. This case revolves around the sale of the historical Chelsea Barracks by the Ministry of Defence to Qatari investors who used a form of Islamic finance. Problems arose when the investors tried to use a loophole to avoid paying stamp duty on the sale and so the Supreme Court had to decide if the loophole applied and how much tax had to be paid. In this episode we also discuss whether Muslim investors are discriminated against. Music from bensound.com

The so-called gig economy where jobs are replaced with short-term contracts is a bought on the UK. Companies like Uber and Deliveroo turn huge profits while exploiting people who have not better place to turn to for work. In spite of this progress is slow on both a political and, as we see in this case, legal front. This episode explores the reasons for that and proposes a solution. Music from bensound.com

Anyone who is online has some sort of relationship with an ISP or Internet Service Provider. These companies may occasionally be required to block certain sites but should they pay the costs of doing so or does it fall to the company seeking the website blocking order? In this episode we find out the answer to that question and also discuss how new and changing technology affects the decisions of the Supreme Court. Music from bensound.com

One of the most important cases of 2018 thus far is this case that was brought before the Supreme Court and challenged Northern Ireland's archaic law on abortion on human rights grounds. The case is a building block for progress but, as we discuss, faces difficult political challenges both in Belfast and in London. Music from bensound.com

Marine insurance, like other forms of insurance, has events where a ship owner can make a claim and exclusions where they cannot. In this case a ship was detained because smugglers had strapped significant amounts of cocaine to the hull of the boat and the question for the Supreme Court was whether or not the smugglers had "acted maliciously" for the purpose of an insurance claim under the agreement. Music from bensound.com

Plea deals allow public authorities to dispense with cases (that would otherwise be very expensive to run) in a timely and efficient manner. The problem is that this leaves a great deal of discretion to a public authority that can be exercised in an arbitrary fashion. In this week's episode we look at a judicial review of an early resolution agreement offered by the Competition and Markets Authority that was applied inconsistently between parties. Music from bensound.com

In contract law, terms can be created or modified either orally or in writing but what happens when a contract specifically excludes oral modifications? Does a subsequent oral modification cancel out that original clause or would the modification be invalid? In this episode we find out and discuss approaches to interpreting contracts in a way that is fair to all parties involved. Music from bensound.com

What happens when a series of criminal offences are committed over a period when a new piece of legislation comes into force? Do they fall under the new rules or the old ones? The job of the Supreme Court was made especially difficult in this case by the legislation itself not being especially clear and so how they interpreted the law is scrutinised and analysed in this episode. Music from bensound.com