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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…
 
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…
 
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…
 
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…
 
In this landmark case the Supreme Court decided upon the fate of Uber drivers. While Uber argued that the drivers were self-employed and that the app was equivalent to a booking agent, the drivers submitted that they were workers and should therefore be entitled to certain rights like the national minimum wage. We discuss the judgment and consider …
 
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