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Best Marcus Cleaver podcasts we could find (updated April 2020)
Best Marcus Cleaver podcasts we could find
Updated April 2020
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DN was detained under immigration law for committing serious offences that could have led to his eventual deportation back to Rwanda. However when the basis for his detention was held to be unlawful everything was thrown up in the air and it was up to the Supreme Court to deal with the fallout. In this episode we also examine the concept of res jud…
 
Michael Stone is a loyalist terrorist who is currently behind bars for a range of politically-motivated crimes. The thirty year tariff on his sentence was due to expire in 2018 but this ignored the fact that he had been released for a period of time after the Good Friday Agreement. Whether or not this should count as part of the time served is the …
 
Jalloh was unlawfully subject to restraints on his liberty by the Home Office after immigration proceedings. In his claim for damages a question was raised about the difference between imprisonment under common law and the restraint of liberty under human rights law. In this episode we ask whether now is the time that those two concepts were merged…
 
In this planning law case we discuss what openness means in the context of the green belt. A balance has to be struck between preserving the aesthetic quality of an area while allowing at least some development to take place. This episodes considers factors that should be taken into account and the role played by planning officers.Music from bensou…
 
When an import of garlic turned out to be from China instead of Cambodia the company became liable for a rather large tax bill that was well overdue. The question in this case is whether it was too late for HMRC to issue its demand but in this episode we also take time to consider the relationship that the UK has with the principles of EU law and h…
 
A planning application was granted by a local council so that a new wind turbine could be built but was then challenged by a local resident. Part of the inducement to grant permission was an annual donation to a community benefit fund but it was argued that this was not a material consideration that should have been taken into account. In this epis…
 
The bedroom tax is one of the most controversial policies in recent memory and has disproportionately affected those with disabilities. In a 2016 case the Supreme Court found that the regulations were in breach of human rights law but does that change how the law should be applied by public authorities on a day-to-day basis? In this episode we answ…
 
Fraudulent transactions made by a Saudi businessman left his creditors out of pocket but in this case it is the company that he was funneling the funds through that sued the bank for carrying out his instructions. At the heart of proceedings is the Quincecare duty that states a bank should not follow the dishonest instructions of its customers and …
 
When the married couple in this case decided to split up there was a question about whether their young daughter should return with her father to Israel or remain in London with her mother. As the case progressed the central issue became the use of something called the 'inherent jurisdiction of the court' that allows a judge to make a decision on a…
 
In the early 2000s a scandal erupted when it was found that a leading manufacturer of silicone breast implants had not followed regulations and therefore put a significant number of women at risk. As these sub-standard implants leaked and ruptured the number of compensation claims began to flood in. This case looks at the situation where the medica…
 
In this case an application for planning permission was blocked by a landlord. While this was in line with the lease agreement questions were raised over whether the refusal of consent was reasonable or not. In this episode we try to understand under what circumstances it is reasonable to withhold consent and the factors that the court should take …
 
The invention of the electrochemical capillary fill device (ECFD) represented an important development for blood glucose sensors but the inventor, Professor Ian Shanks, never saw a penny himself. In this case we follow his bid to be compensated properly for his work and critique the factors that are taken into account when the courts arrive at a de…
 
The budget cuts to the administration of justice have had a profound impact since their implementation. Access to justice has been hampered for some of the most vulnerable in society but they are not the only ones affected. In this case we look at a judge who made complaints about the extra stress and pressure that she was under but the question wa…
 
The relationship between the Channel Islands and the UK is fairly settled but in this case a new element is added into the equation: the European Union. The background to the dispute is relief from inheritance tax but in these proceedings the Supreme Court also addresses wider questions of jurisdiction and the operation of law.Music from bensound.c…
 
In one of the most important, constitutional judgments of modern times, the Supreme Court was charged with deciding whether the prorogation of Parliament announced on 28th August 2019 was lawful or not. With a Brexit deadline of 31st October looming the judgment was also of huge practical importance as it affected the ability of MPs to fully scruti…
 
Whether someone consents to the deprivation of their liberty is often an irrelevant question. Sometimes people are locked up because they are a danger to society whereas others are simply limited because it is in their best interests. Nevertheless that point of consent in a medical context is important and so in this case we explore whether the par…
 
Access to information about a legal case in open court is vitally important to any functioning democracy but is also necessarily subject to certain restrictions. In this case the Asbestos Victims Support Groups Forum UK are seeking information about proceedings involving a former asbestos manufacturer. Both parties have a different interpretation o…
 
When the Cleveland Meat Company bought a bull at auction they were dismayed when it was found post-mortem that the meat was not fit for human consumption. They sought to challenge the decision of the Official Veterinarian on this matter but the means of doing so was far from clear. In this episode we look at the issues, consider the impact of EU la…
 
Franco Vomero has lived in the UK since 1985. In 2001 he killed a man and was convicted of manslaughter. Upon his release from prison the Home Secretary decided to send him back to his home country of Italy. In this case the Supreme Court looked at what it means to have a right of permanent residence and in our discussion we attempt to take stock o…
 
MM was denied the Personal Independence Payment (PIP) benefit because he did not fit into the right category when it came to the support he needed for face to face social engagement. The dispute reached the Supreme Court and it was up to the Justices to provide an interpretation of what "social support" actually means in this context. In this episo…
 
At the heart of this case is a fairly simple question: when the conditions for use of a building are varied in a new planning permission, what previous conditions remain in place? For many years the Homebase store in Streatham Vale was prohibited from selling food but the position after a 2014 permission was no longer clear and the case eventually …
 
Restraint of trade clauses are an essential feature of employment contracts because they protect the interests of employers whilst also ensuring employees have the right to go ahead and find another job. However striking a balance between these two objectives is something that the courts have struggled with over the years and this case is no differ…
 
Tamara Gubeladze was hoping for a quiet retirement in the UK having spent most of her life in Latvia. She thought that she had met all the conditions necessary to be entitled to a state pension but the Secretary of State denied her request for failing to comply with the Worker Registration Scheme that was established in the UK after Latvia joined t…
 
Wholesalers of alcohol now have a legal requirement to be a fit and proper person in the eyes of HMRC. For many this was a mere formality but others were suddenly worried about going out of business when they were unable to clear this new hurdle. OWD Ltd. faced this problem and while their appeal was pending they sought temporary relief so that the…
 
When the shipping vessel Renos was badly damaged by an engine room fire the question for insurance purposes was when the repairs to the ship began. Should the cost of salvaging the ship be included as part of the money needed to get the ship repaired or is this limited to work done once the vessel is back in port? In this episode we discuss the Sup…
 
When Terryann Samuels was unable to keep up with her rent and was made homeless Birmingham City Council claimed that it was under no obligation to help her because she had become "intentionally homeless". The Supreme Court considered whether Samuels' previous accommodation had in fact been affordable based on her income and came to a conclusion tha…
 
In 2014 a number of newspaper articles were published that made serious allegations against the ex-husband of a former policy adviser to Gordon Brown. It turned out that those articles had no basis in fact and so this action in defamation came before the courts. When the question went before the Supreme Court the Justices were given the opportunity…
 
In June 1974 an unarmed man with learning difficulties was shot in the back as he was running away from British soldiers during the Troubles. Nearly half a century later one of the soldiers involved is due to face trial. In this judicial review the Supreme Court was given the opportunity to consider whether the Director of Public Prosecutions was c…
 
When GN was a child he was physically and psychologically abused by the neighbours from hell yet the local council did next to nothing to step in and try to offer some sort of protection. Now that GN is an adult he is seeking compensation and we find out to what extent the duties of local authorities translate into actual accountability.Music from …
 
Tax avoidance must be the bane of any legislation drafter's life. As soon as you produce even one provision there are already hundreds of tax lawyers and accountants poring over it to try and find loopholes. In this case we look at a loophole that appears to have existed in plain sight for a number of years but now the Supreme Court has to decide w…
 
Business rates are paid based on a valuation of the non-domestic property in question. In this case a dispute arose when empty offices in Blackpool were valued at an annual rent of £490,000 by the valuation officer before a tribunal reduced that down to £1 after finding there was no actual interest in the property from potential tenants. After look…
 
The Investigatory Powers Tribunal is the only judicial means of holding the secret services to account but it operates in the shadows with almost no connection to the formal legal system. In this case the Supreme Court has the opportunity to assess whether the decisions of the tribunal should still be subject to judicial review despite an ouster cl…
 
The benefits cap is one of the most controversial policies in recent years and in this case the Supreme Court were given the opportunity to scrutinise the legislation on human rights grounds. In this episode we examine that decision and the approach employed by the Justices.Music from bensound.comBy Marcus Cleaver
 
Since 2005 it is alleged that the Nchanga Cooper Mine in Zambia has been pumping out toxic chemicals into the water supply and caused havoc for the local population who now demand compensation. As the parent company is domiciled in the UK the claimants initiated the case here but arguably Zambia is more appropriate. In this episode we consider the …
 
What happens when a tax avoidance scheme runs a little too closely to what is within the bounds of the law? For Mr Derry this meant an unwelcome investigation from HMRC and a bill for almost £100,000. In this case we examine the judicial review of that decision and consider how the courts should account for tax avoidance schemes when it comes to st…
 
Exactly how much coverage does car insurance offer? It has to protect a driver from most liability but that chain of causation has to end at some point. In this episode we delve into a case involving someone who was attempting to repair their own car but ended up starting a fire that caused £2 million worth of damage. As we do so we also think abou…
 
The use of Viagra as treatment for erectile dysfunction is well known but there are alternatives that exist which arguably work more effectively. In this episode we examine a patent relating to the dosage used for one such alternative, Cialis. However in order to achieve a patent there has to be an 'inventive step' taken and so the question in this…
 
The provision of higher education in the UK has undergone dramatic changes in recent history with more private organisations entering the market. This raises an important existential question: what does it mean to be a college or a university? In this episode we consider the answer that is offered by the Supreme Court and then go on to think about …
 
The financial crisis of 2008 may now be far behind us but the legal ramifications are still subject to legal dispute. In this case we look at interest payments made to creditors after Lehman Brothers went into administration and consider what should rightly happen to those assets.Music from bensound.com…
 
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