Marcus Cleaver Podcasts

In this tax case a company tries to take advantage of an earlier ruling to claim nearly £500,000 from HMRC. This test case could end up costing the UK taxpayer £1 billion if successful.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

A challenge to the legality of a voter ID pilot scheme found its way before the Supreme Court and so in this episode of the podcast we use that as a jumping off point to discuss the Elections Act 2022.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

In what might be one of the final cases decided on the basis of principles of EU law, an argument is made against a tax regime because it is discriminatory and constitutes a restriction on the free movement of capital.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

There is sometimes a fine line between following standard accountancy practices and exploiting loopholes in the law. In this case the Supreme Court looked at the case of a company that was using the rules to gain an advantage.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

In this special episode of the podcast we take a look at the Supreme Court as it is constituted under Lord Reed by reviewing two recent articles:In The Shallow End by Conor Gearty - https://www.lrb.co.uk/the-paper/v44/n02/conor-gearty/in-the-shallow-endThe Reed Court by Numbers by Lewis Graham - https://ukconstitutionallaw.org/2022/04/04/lewis-grah…

How do lawyers claim their fees from a no win, no fee case? The Supreme Court explores what rights firms have over their client's compensation.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

A question about a fixed-term secure tenancy raised broader issues about the relationship between contracts and statutory protections.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

The extradition of James Craig could have been halted but while the forum bar provisions were brought into force in England, Wales and Northern Ireland, they were not brought into force in Scotland until it was too late. A challenge to that decision raised questions of constitutional importance regarding the role of the courts.https://uklawweekly.s…

After an article was published revealing that a businessman was under criminal investigation, he claimed that the publication was a misuse of private information. In this episode we discuss the balance between the right to privacy and freedom of expression.https://uklawweekly.substack.com/subscribeMusic from bensound.com…

An error by a solicitor could lead to their client being extradited. Should someone be liable for the faults of their legal representative?https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

How much should a child have to pay to apply to become a British citizen? You might think that it is free but the Home Office charges about £1,000 per application. This case is a challenge to that policy.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

Should waving a flag of a terrorist organisation be a strict liability offence requiring no intention on the part of the defendant? That question and the law's impact on the freedom of expression is discussed in this case.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

The Commonhold and Leasehold Reform Act 2002 offered the ability for lessees in a block of flats to establish a Right to Manage Company. Unfortunately this sometimes led to a conflict with the existing property managers over who would manage the estate facilities. In this leapfrog appeal (the first of its kind) the Supreme Court provide an answer.h…

Can the Supreme Court hear an appeal against a judgment it has itself made? In theory this sounds like a contradiction but this case explores the practical possibility.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

Two incidents from the Troubles raise questions about the state's obligation to investigate deaths under the European Convention on Human Rights.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

One man takes on Google over alleged breaches of data protection law but questions are asked about whether his claim can represent all of the users who were affected.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

An immigration case raises questions of constitutional importance after the Home Office decides to ignore a court order that it considered to be null and void.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

After Sir Ian Brownlie QC was killed in a fatal accident in Cairo his widow looked to bring an out of jurisdiction claim in contract and tort law.https://uklawweekly.substack.com/subscribeMusic from bensound.comBy Marcus Cleaver

How simple should it be to take interim measures against the other party to a case? In these employment law proceedings this question is considered in the context of EU law and we also think about the imbalance of power between employers and employees.https://uklawweekly.substack.com/subscribeMusic from bensound.com…

After a road traffic accident between Ms Ho and Ms Adelkun there were questions about how the costs should be offset against one another. In this episode we also discuss whether the Civil Procedure Rules do more to favour claimants or defendants.Music from bensound.comhttps://uklawweekly.substack.com/subscribe…

Two bills from the Scottish Parliament are questioned before the Supreme Court for fear that they go beyond the legislative competence of Holyrood.Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

When fast track procedure rules for asylum claims were held to be null and void questions were raised about all of the cases that were decided using those rules.Music from bensound.comhttps://uklawweekly.substack.com/subscribeBy Marcus Cleaver

When can a lawful act be used to rescind a contract? In this case an estate agent was pressured into signing a new agreement with an airline but was this legitimate commercial behaviour or an act of economic duress? The Supreme Court gets to the bottom of the case and interrogates the existence of lawful act economic duress.Music from bensound.comh…

After HMRC concluded that Mr Tinkler owed more than £700,000 in unpaid tax he tried to argue that the original enquiry was not valid because the incorrect postal address was used. In this case the Supreme Court examine the doctrine of estoppel by convention to see whether this is indeed the case.Music from bensound.comhttps://uklawweekly.substack.c…

When there is doubt about whether an asylum seeker is a child or an adult it is up to officials to make an assessment. In this case a judicial review questions whether the guidance provided creates an unacceptable risk of mistakes because the physical appearance and demeanour of a person are an unreliable guide as to age.Music from bensound.comhttp…