Uk Law Weekly

A Scottish solicitor made an error when drafting a deed that meant the security over an entire property was released instead of just one unit. Did that solicitor owe a duty of care to the other party who she was not representing? In this episode we get an answer to that question and also track the case law history in this area. Music from bensound.com

Are you on email? You simply have to be these days but is our legal system and the administration of justice set up to deal with this technology? In this episode we explore that question in the context of a claim form that was served by email. Music from bensound.com

One of the most controversial cases in recent months was the Parole Board decision to release the black can rapist, John Worboys, from prison but this case before the Supreme Court looks instead at the original police investigation. In particular the question was whether the police were liable to the victims for its failings in relation to Article 3 of the European Convention on Human Rights (prohibition of torture). Music from bensound.com

Each year salmon return all the way up river to give birth to their young in a journey of epic proportions. Fishermen such as Mr Mott make a living by catching the salmon in baskets placed in the river but this has the potential to severely impact on salmon stock. The Environment Agency imposed stringent conditions in a bid to replenish the stock and ease the strain on this natural resource but they offered no compensation to Mr Mott who depends on fishing for his livelihood. In this episode we examine the judicial review of this decision in the light of the right to property under human rights law. Music from bensound.com

Family law and in particular the law relating to adoption can vary between cultures but is that enough to deny the free movement of people under EU law? In this episode we explore that question in the context of the Islamic adoption system of kafala. Music from bensound.com

Despite the rather dramatic name abduction cases are rarely clear cut and require a delicate balancing act between both parties while also ensuring that the welfare of the children involved is protected. In this case a mother, with the permission of the father, left Australia with her two children but never returned. In this episode we dive into the interesting facts surrounding this case but also examine more generally what happens when a parent leaves the country with permission but then never goes home. Music from bensound.com

When a health and safety inspector issued a prohibition notice stating that Chevron's helideck in the North Sea was too badly corroded for use the company decided to get the metalwork tested for themselves. The results showed that it met British standards but the question for the Supreme Court in this case was whether those results could be used as evidence before the Tribunal. Music from bensound.com

What does it mean to be British? The legal answer is not as simple as you might think. For years citizenship by descent could only be passed down the male line and in this case the Supreme Court grapples with Parliament's attempt to correct the discrimination in the British Nationality Acts. In this episode we also discuss how the Justices engage with Parliament and how the concept of nationality is at a crossroads in 2018. Music from bensound.com

Enforcing immigration rules can be difficult for the government when the country that a person is being deported to has a poor human rights record. In B's case there was no reasonable prospect of deportation back to Algeria but the government wanted to continue to impose bail conditions in the interest of national security even though there was no further right to detain him. In this episode we explore this situation and consider its implications beyond immigration law. Music from bensound.com

Mrs Robinson was 76 years old when she got between a drug dealer and two police officers attempting to make an arrest in Huddersfield town centre. She brought a claim for the injuries she suffered against West Yorkshire police but in this episode we do more than consider the basic tenets of negligence and ask how this area of law can and should intereact with society. Music from bensound.com

The people of the Chagos Islands, a British Indian Ocean Territory, have suffered at the hands of UK foreign policy for nearly 50 years. In this episode we look at the decision to establish a marine protected area around the archipelago and in particular the implications of a WikiLeaks cable that implied that the real motivation for the marine reserve was to prevent any chance of resettlement. Music from bensound.com

Part payment of a confiscation order can lead to a reduction in the sentence for drug trafficking offences but how should the courts work out that reduction. Should it be based on the original amount imposed on the defendant or instead take into account interest as well? In this episode we go on to discuss the mixed approach that the Supreme Court appears to be taking towards personal freedoms. Music from bensound.com

A police warrant to search and seize property normally contains all of the relevant details but in the case of Haralambous this was excluded on grounds of public interest immunity. A judicial review was made against this not only in relation to the decision in the Magistrates' Court but also looking at the equivalent decisions in the Crown Court and the High Court. In this episode we consider not only the decision in this case but also the wider implications of public interest immunity for civil rights in criminal law. Music from bensound.com

In this episode we leave the UK and head to the Court of Justice of the European Union where a fraud case developed into questions about fundamental human rights, constitutional law and a potential threat to the primacy of EU law itself.

The smoking ban has now been around for more than a decade so it might seem obvious that everyone is affected but one unusual rule of statutory interpretation might mean that there is a surprising exception built into the law. Music from bensound.com

How strict should the courts be when it comes to time-barring human rights cases? While there is some flexibility built into the system there are important questions about how the Human Rights Act 1998 should be interpreted. In this episode we also dig into the allegations of racial discrimination made against the Bar Standards Board. Music from bensound.com

World famous poker player Phil Ivey walked into a London casino and won £7.7 million playing baccarat but the casino refused to pay out because they thought that Ivey had cheated. In this episode we not only discuss what it means to cheat but also the legal definition of dishonesty. Music from bensound.com

P was assaulted while she was on duty as a police officer in 2010. When she was herself arrested the following year she blamed it on PTSD from the previous assault. Nevertheless she was still dismissed from the police force but when P came to appeal the decision she did so in a very unusual way that we explore in this episode. Music from bensound.com

After Armes had been abused by two of her foster parents when she was growing up she brought a case against the local authority arguing that they were liable. This case split the Justices and has potential consequences for vicarious liability in the area of tort law. Music from bensound.com

BPP are a company that will be familiar to most law students as they supply legal education and books. Books are zero-rated for the purposes of VAT and so when HMRC made a decision against BPP for failure to pay, the company appealed this to the Tax Chamber of the First-tier Tribunal. However the government's lawyers were completely disorganised throughout the entirety of the appeal and in this episode we analyse the fallout from this as well as what this means for future cases before the tribunals. Music from bensound.com