When it comes to statutory interpretation there are rules that the courts have to follow but the situation is less clear for interpreting non-statutory texts such as frameworks and guidance. In this episode we explore the method that should be adopted by judges and how
When a public body undertakes a procurement exercise it should be carried out in an open and transparent fashion that is fair to all of the bidders. In this case the process was not carried out in the correct manner and this presented the Supreme
The Scottish smoking ban in hospital grounds has been a source of contention since being passed by the Scottish Parliament and in this case we see a challenge from a detained mental health patient. The ban in this instance also involved searching for and confiscating
When SXH came to the UK as an asylum seeker she arrived on a false passport. The Crown Prosecution Service decided that it was in the public interest to pursue a prosecution under the Identity Cards Act 2006. Further research into SXH’s case changed their
In these conjoined appeals the question for the Supreme Court concerned indirect discrimination. This is where an employer puts a provision in place for all employees but the overall effect is particularly disadvantageous for certain groups with protected characteristics. Essop was required to pass a
When AB was prosecuted for having sexual intercourse with an underage girl he wanted to rely on the defence that he reasonably believed the girl to be 16. When he was denied this opportunity because of previous criminal charges, AB claimed that this was in
When Wood sold his company to Capita it transpired after an internal review that insurance policies had been misrepresented to customers. Capita tried to recover the compensation that they were obliged to pay out but Wood disputed this on the basis of the wording of
In a Permission to Appeal ruling the Supreme Court considers the heart-breaking case of Charlie Gard.
N is a severely disabled man in his twenties who requires care by the NHS. His family would like to be much more involved in his care but this would put greater strain on the already limited resources of the local authority.. This week’s episode
A bonus flashback podcast that takes a fresh look at Carlill v Carbolic Smokeball Co. [1892] EWCA Civ 1, [1893] 1 QBD 484. Examines unilateral offers and the elements of a contract under UK law.