Marcus Cleaver Podcasts

The latest update from the Franked Investment Income Group Litigation.Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

In this deportation case the Supreme Court had to decide whether a violent criminal who ended up in a Young Offenders Institution deserved a second chance in the UK or should be deported back to Iran.Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

A contract dispute that led to a claim for damages turned on the meaning of the word negligence. Should the meaning be restricted to the tort or also encompass a breach of the contractual provision to exercise care. This difficult question even divided opinion in the Supreme Court.Music from bensound.comhttps://uklawweekly.substack.com/subscribe…

AB was only 15 years old when he was first subjected to an extended period of solitary confinement in Feltham Young Offenders Institution. In this case he brought a judicial review of that decision on the basis that it represented inhumane treatment and a breach of his human rights.Music from bensound.comhttps://uklawweekly.substack.com/subscribe…

The Criminal Injuries Compensation Scheme is a way for the victims of crime to be compensated by the government. In this case A and B had been the victims of trafficking but were denied compensation because they had previous convictions from their time in Lithuania. The Supreme Court was asked to decide whether this exclusionary rule was discrimina…

In one of the most controversial decisions this year, the Supreme Court looked at the two child limit imposed in respect of child tax credit.Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

When Mr Haworth was told to either pay the tax that HMRC thought he owed or risk a penalty if he took the case to court, he did not take kindly to this ultimatum and challenged it by way of judicial review.Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

When it turned out that a pharmaceutical company may have lied in order to defend their patent the Secretary of State brought a case on behalf of the NHS for the delay in bringing generic forms of the drug to market. In this context we explore the tort of causing loss by unlawful means.Music from bensound.comhttps://uklawweekly.substack.com/subscri…

After a protest blocked the road the campaigners were arrested under the Highways Act. This case examines the right to protest in the context of human rights and the defence of lawful excuse.Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

What happens when you sue a country? In particular how do you serve notice on that country and what rules apply?Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

In this double episode we look at two tort cases and reflect on the SAAMCO decision.Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

The law doesn't recognise a fraction of a day but what happens when the clock starts at midnight? Does that count as a full day or only part of the a day?Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

When a company near Blackpool wanted to challenge a new neighbourhood plan by way of judicial review questions were raised about whether the claim was brought within the time limit.Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

What does it mean to be deliberately inaccurate? Does it just mean a deliberate attempt to mislead or can it also include deliberate errors that are explained? This tax case seeks an answer.Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

Can the Supreme Court close up a loophole that allows companies to avoid paying local business rates?Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

What happens when a Supreme Court judgment is leaked to the press?Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

When Zabolotnyi was due to be extradited to Hungary under a European Arrest Warrant, questions were asked about whether the prison conditions would represent a breach of human rights. Even after the Hungarian Ministry of Justice made promises that they would comply with the Convention, the English courts had to decide whether that would truly be th…

When a school in Oxfordshire moved to a new site, the heirs of the landowner who donated the original plot came out of the woodwork to argue that they should be entitled to the proceeds based on an old law from 1841. In this episode we consider the response from the Supreme Court and also how judges should interpret statutes that are so old.https:/…

After a doorman inadvertently killed a man outside of a bar in Aberdeen, his widow brought a claim against the security firm's insurers. An exclusion caluse in the policy meant that the case turned on whether the actions of the doorman constituted a "deliberate act". As the Supreme Court came to answer we also analyse how exactly the Justices arriv…

When HMRC tried to claw-back money from the purchase of a care home that was zero-rated for VAT purposes, the question for the Supreme Court was whether the care home had disposed of their entire interest as part of a sale and lease agreement.Music from bensound.comhttps://uklawweekly.substack.com/subscribe…

As part of an equal pay claim, a claimant has to find another employee to compare themselves with. In this episode we examine what the approach should be if that comparator is working at a different site to the claimant.Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

What happens when a child abduction case runs up against an asylum claim? Which should take priority?Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

Should a shift where you have to sleep at or near your place of work count as working time for the purposes of the national minimum wage? That is the question the Supreme Court has to answer this week as we also explore the distinction between politics and interpretation of the law.Music from bensound.comhttps://uklawweekly.substack.com/subscribe…

In 2015 Shamima Begum left the UK to join Islamic State. Now, with the UK government intending to deprive her of British citizenship, she intended to return to the UK in order to fight that decision. In this high profile case the Supreme Court had to balance the right to a fair trial against the country's national security interests.Music from bens…

When two ships crashed outside the port of Jebel Ali in the United Arab Emirates there was a question about which vessel was most at fault. Was it the ship that was exiting the narrow channel or should that have made way for the ship that was getting ready to enter? In this episode we discuss the answer in the context of the International Collision…