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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
 
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…
 
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…
 
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…
 
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…
 
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