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What power should appellate courts have to re-examine the facts of a case? https://uklawweekly.substack.com/subscribe Music from bensound.com
The Supreme Court has upheld the right to wild camp on Dartmoor in Darwall and another v Dartmoor National Park Authority [2025] UKSC 20. Lucy McCann talks to Darragh Coffey of 1 Crown Office Row about the decision. Read Darragh's analysis of the High Court's decision here on the UK Human Rights Blog. Law Pod UK is published by 1 Crown Office Row. Supporting articles are published on the UK Human Rights Blog. Follow and interact with the podcast team on Twitter.
In a landmark judgment, the Supreme Court was asked to weigh-in on the meaning of a ‘woman' and the wider debate about trans rights. https://uklawweekly.substack.com/subscribe Music from bensound.com Crash Wigley: For Women Scotland: A Case of Significant Silences - https://ukconstitutionallaw.org/2025/05/06/crash-wigley-for-women-scotland-a-case-of-significant-silences/ Michael Foran: For Women Scotland: Is legal recognition of biological sex a violation of human rights? - https://ukconstitutionallaw.org/2025/05/15/michael-foran-for-women-scotland-is-legal-recognition-of-biological-sex-a-violation-of-human-rights/ Robert Mullins: For Women Scotland: Fastening the “Biological” Straitjacket - https://ukconstitutionallaw.org/2025/05/22/robert-mullins-for-women-scotland-fastening-the-biological-straitjacket/
Injunctions can help protect the privacy of individuals in sensitive cases, but at what point should restrictions be lifted? uklawweekly.substack.com/subscribe Music from bensound.com
The Supreme Court tackles an attempt to limit liability after a maritime incident led to damages of more than $200 million. https://uklawweekly.substack.com/subscribe Music from bensound.com
To what extent are local authorities obliged to meet all the needs of a homeless household when providing accommodation? https://uklawweekly.substack.com/subscribe Music from bensound.com
When a defendant is due to be retried, the law requires them to be arraigned within two months. In this case, the Supreme Court is asked to decide what the consequences should be when that deadline is missed. https://uklawweekly.substack.com/subscribe Music from bensound.com
Standing orders prevented a number of local councillors from voting on an application permission. Is that entitlement to vote a fundamental right that should not be inhibited? The principle of legality and heightened-scrutiny rationality review: The Supreme Court's judgment in the Spitalfields case by Professor Mark Elliott https://publiclawforeveryone.com/2025/03/28/the-principle-of-legality-and-heightened-scrutiny-rationality-review-the-supreme-courts-judgment-in-the-spitalfields-case/ https://uklawweekly.substack.com/subscribe Music from bensound.com
The profits rule means that a fiduciary must account for any profits that they make to their principal, but does the rule operate too harshly for modern business practices? Help support the podcast: https://uklawweekly.substack.com/subscribe Music from bensound.com
We are joined by Joseph O'Brien of St Johns Buildings and Laura Flanagan of Burgess Mee to discuss how to manage cases that involve capacity issues. Laura has recently co-authored an article with Maisie Lockyer on this issue:https://financialremediesjournal.com/content/family-proceedings-and-litigation-capacity.ec7c993244094031bbcb75338ef9c29e.htmUnfortunately, court commitments meant Maisie was unable to join us for the recording.Joe tells us that the Mental Capacity Act 2005 is the basis on which all capacity assessments should be undertaken. He reminds us that there is a presumption of capacity, but the presumption of capacity can be rebutted. The test is set out in s.2(1): 2. People who lack capacity(1) For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.Laura directs us to the Official Solicitor's website, which includes guidance notes and the pro forma for the Certificate as to Capacity: https://assets.publishing.service.gov.uk/media/63e3b03ad3bf7f172ccae151/capacity-to-conduct-proceedings-certificate.pdfJoe reminds us that capacity involves a two-stage test: the first stage considers whether the person is unable to make the decision, and the second examines whether that inability is caused by an impairment of the mind or brain, as per A Local Authority v JB (Rev1) [2021] UKSC 52 https://www.bailii.org/uk/cases/UKSC/2021/52.html We also discuss what should happen when the protected parties have fluctuating capacity. Laura and Joe remind us that you need to make an application to terminate the appointment of the litigation friend if your client regains capacity, but you must apply for the litigation friend to be reappointed if they lose capacity again. Finally, we discuss how the Court makes the decision about whether the protected person should give evidence. Joe reminds us of the practice direction on participation of vulnerable witnesses https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/practice-direction-3aa-vulnerable-persons-participation-in-proceedings-and-giving-evidence#1
How far does state immunity extend and what rights do employees at an embassy have with regard to their employer? https://uklawweekly.substack.com/subscribe Music from bensound.com
JR123 was released from prison in 1982 and yet his conviction still affects his employment opportunities and his mental health. In this case the Supreme Court was asked to review whether the rehabilitation regime in Northern Ireland is compatible with the European Convention on Human Rights, and we discuss what the aim of the law should be in this area. https://uklawweekly.substack.com/subscribe Music from bensound.com
Adverse possession allows a person to claim ownership of land that they have occupied for more than ten years without the owner's permission. In this decision, the Supreme Court clarifies the law surrounding how and when these claims should be made. https://uklawweekly.substack.com/subscribe Music from bensound.com
If a deprivation order is withdrawn because it would make a person stateless, what was the legal status of the individual before that point? https://uklawweekly.substack.com/subscribe Music from bensound.com
In this SPECIAL EDITION of our banking litigation podcast, we consider a key risk area for financial institutions handling client payments – the so-called Quincecare duty of care. This episode is hosted by John Corrie, who is joined by Ceri Morgan and special guests Jenny Stainsby and Scott Warin. The English courts continue to grapple with payment processing claims brought by both victims of authorised push payment (APP) fraud and companies subject to an internal fraud by an authorised signatory who has gone rogue. While the seminal Supreme Court decision in Philipp v Barclays [2023] UKSC 25 recalibrated the payment processing duties owed by banks, court guidance is still needed on what is required to meet the requisite standard on a case-by-case basis, and claimants continue to explore novel causes of action. Alongside numerous civil claims working their way through the courts, the Payment Systems Regulator has introduced the UK's APP fraud reimbursement scheme. In our latest podcast, we explain the current state of payment processing claims in a post-Philipp v Barclays world, offering insights into this rapidly changing area of law. You can find links to our blog posts on the cases covered in this podcast below: • Payment processing risks in a post-Philipp v Barclays world https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/civil-litigation-payment-processing-risks-in-a-post-philipp-v-barclays-world • Facing into the UK's APP Fraud Reimbursement Requirement https://www.herbertsmithfreehills.com/notes/fsrandcorpcrime/2024-posts/facing-into-the-UK-s-app-fraud-reimbursement-requirement • The Supreme Court's judgment in Philipp v Barclays: key takeaways for financial institutions executing customer payments https://www.herbertsmithfreehills.com/notes/bankinglitigation/2023-07/the-supreme-courts-judgment-in-philipp-v-barclays-key-takeaways-for-financial-institutions-executing-customer-payments • High Court dismisses Quincecare duty claim giving guidance on the scope and nature of the duty https://www.herbertsmithfreehills.com/notes/bankinglitigation/2022-06/high-court-dismisses-quincecare-duty-claim-giving-guidance-on-the-scope-and-nature-of-the-duty • Supreme Court upholds first successful claim for breach of the so-called "Quincecare" duty of care https://www.herbertsmithfreehills.com/notes/bankinglitigation/2019-10/supreme-court-upholds-first-successful-claim-for-breach-of-the-so-called-quincecare-duty-of-care • Court of Appeal judgment on scope and exclusion of 'Quincecare' duty of care https://www.herbertsmithfreehills.com/notes/bankinglitigation/2019-10/court-of-appeal-judgment-on-scope-and-exclusion-of-quincecare-duty-of-care • Latest APP fraud claim against receiving PSP: High Court refuses to strike out claim for unjust enrichment https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-posts/Latest-APP-fraud-claim-against-receiving-PSP--High-Court-refuses-to-strike-out-claim-for-unjust-enrichment • High Court considers novel APP fraud "retrieval duty" claim against both sending and receiving PSPs https://www.herbertsmithfreehills.com/notes/bankinglitigation/2024-03/high-court-considers-novel-app-fraud-retrieval-duty-claim-against-both-sending-and-receiving-psps Please subscribe to the podcast channel here http://hsffinancialservicesdisputes.buzzsprout.com/ to listen to our regular bite-sized broadcasts covering both litigation and regulatory developments for banks and other financial institutions.
In this SPECIAL EDITION of our banking litigation podcast, we consider a key risk area for financial institutions handling client payments – the so-called Quincecare duty of care. This episode is hosted by John Corrie, who is joined by Ceri Morgan and special guests Jenny Stainsby and Scott Warin.The English courts continue to grapple with payment processing claims brought by both victims of authorised push payment (APP) fraud and companies subject to an internal fraud by an authorised signatory who has gone rogue. While the seminal Supreme Court decision in Philipp v Barclays [2023] UKSC 25 recalibrated the payment processing duties owed by banks, court guidance is still needed on what is required to meet the requisite standard on a case-by-case basis, and claimants continue to explore novel causes of action. Alongside numerous civil claims working their way through the courts, the Payment Systems Regulator has introduced the UK's APP fraud reimbursement scheme. In our latest podcast, we explain the current state of payment processing claims in a post-Philipp v Barclays world, offering insights into this rapidly changing area of law.You can find links to our blog posts on the cases covered in this podcast below:Payment processing risks in a post-Philipp v Barclays worldFacing into the UK's APP Fraud Reimbursement RequirementThe Supreme Court's judgment in Philipp v Barclays: key takeaways for financial institutions executing customer paymentsHigh Court dismisses Quincecare duty claim giving guidance on the scope and nature of the dutySupreme Court upholds first successful claim for breach of the so-called "Quincecare" duty of care Court of Appeal judgment on scope and exclusion of 'Quincecare' duty of careLatest APP fraud claim against receiving PSP: High Court refuses to strike out claim for unjust enrichmentHigh Court considers novel APP fraud "retrieval duty" claim against both sending and receiving PSPsPlease subscribe to the podcast channel here to listen to our regular bite-sized broadcasts covering both litigation and regulatory developments for banks and other financial institutions.
The Supreme Court considers the future of the doctrine of merger. https://uklawweekly.substack.com/subscribe Music from bensound.com
Debtors will sometimes try to hide their assets from creditors by transferring property to another person. What power does the law have to put a stop to this behaviour? https://uklawweekly.substack.com/subscribe Music from bensound.com
When should a British national be extradited to the United States? We consider the Supreme Court's response to that question and discuss whether there is an imbalance in the special relationship. https://uklawweekly.substack.com/subscribe Music from bensound.com
Speaker: Dr Stuart Baran is a barrister at specialist intellectual property chambers Three New Square IPAbstract: The UK Supreme Court has now given its long (and long-awaited) judgment in SkyKick v. Sky. It concerns the appropriate specification of goods and services as part of a trade mark application. In particular, the UKSC was asked to consider the circumstances in which a party applying for a specification broader than its intended commercial activities can be found to have applied in bad faith. The UKSC reversed the Court of Appeal on the approach in law, finding that Sky's trade mark registrations had been sought partly in bad faith, and should be partially invalidated. The Court found infringement of the remaining specification by one of SkyKick's products, but upheld the Court of Appeal's finding that there was no infringement by the other. It also found that it enjoyed a continuing jurisdiction to grant EU-wide relief given that these proceedings started before Brexit. Here I will focus on the part of the judgment about invalidity for bad faith. I will introduce what the Court has decided and its reasons, and then look at three questions: (i) to what extent does this judgment advance the law of invalidity for applying in bad faith?; (ii) is there now a difference between the extent of goods/services for which you can register your mark, and those for which you can enforce it?; and (iii) is this judgment likely to change applicants' approach to drafting their specifications?Biography: Dr Stuart Baran is a barrister at specialist intellectual property chambers Three New Square IP. After a degree in chemistry and doctorate in chemical physics, each at Oxford, he was called to the Bar in 2011 and has practised from Three New Square ever since, in all areas of IP but with particular emphases on trade marks and patents. Stuart was lucky to chair the Oxford International IP Moot for several years, starting during his DPhil. As a barrister, Stuart has appeared unled in every IP forum, from the UKIPO and European Patent Office to the EU General Court and Court of Justice as well as the UK High Court, Court of Appeal and Supreme Court. He has been involved in a number of seminal cases across the IP spectrum, including Actavis v. Lilly, Newron v. Comptroller-General, Sky v. SkyKick, and Thaler v. Comptroller-General. Alongside his private practice, Stuart is Standing Counsel to the Comptroller-General which means he represents and advises the UKIPO and government departments on intellectual property issues. He was awarded Legal 500 Junior of the Year for IP in 2018; Managing IP Junior of the Year in 2021 and 2024; and was profiled as a JUVE Patent “One to Watch” in 2023. Outside of work he is a keen orchestral violinist, cook and Italophile.For more information see: https://www.cipil.law.cam.ac.uk/seminars-and-events/cipil-seminars
Speaker: Dr Stuart Baran is a barrister at specialist intellectual property chambers Three New Square IPAbstract: The UK Supreme Court has now given its long (and long-awaited) judgment in SkyKick v. Sky. It concerns the appropriate specification of goods and services as part of a trade mark application. In particular, the UKSC was asked to consider the circumstances in which a party applying for a specification broader than its intended commercial activities can be found to have applied in bad faith. The UKSC reversed the Court of Appeal on the approach in law, finding that Sky's trade mark registrations had been sought partly in bad faith, and should be partially invalidated. The Court found infringement of the remaining specification by one of SkyKick's products, but upheld the Court of Appeal's finding that there was no infringement by the other. It also found that it enjoyed a continuing jurisdiction to grant EU-wide relief given that these proceedings started before Brexit. Here I will focus on the part of the judgment about invalidity for bad faith. I will introduce what the Court has decided and its reasons, and then look at three questions: (i) to what extent does this judgment advance the law of invalidity for applying in bad faith?; (ii) is there now a difference between the extent of goods/services for which you can register your mark, and those for which you can enforce it?; and (iii) is this judgment likely to change applicants' approach to drafting their specifications?Biography: Dr Stuart Baran is a barrister at specialist intellectual property chambers Three New Square IP. After a degree in chemistry and doctorate in chemical physics, each at Oxford, he was called to the Bar in 2011 and has practised from Three New Square ever since, in all areas of IP but with particular emphases on trade marks and patents. Stuart was lucky to chair the Oxford International IP Moot for several years, starting during his DPhil. As a barrister, Stuart has appeared unled in every IP forum, from the UKIPO and European Patent Office to the EU General Court and Court of Justice as well as the UK High Court, Court of Appeal and Supreme Court. He has been involved in a number of seminal cases across the IP spectrum, including Actavis v. Lilly, Newron v. Comptroller-General, Sky v. SkyKick, and Thaler v. Comptroller-General. Alongside his private practice, Stuart is Standing Counsel to the Comptroller-General which means he represents and advises the UKIPO and government departments on intellectual property issues. He was awarded Legal 500 Junior of the Year for IP in 2018; Managing IP Junior of the Year in 2021 and 2024; and was profiled as a JUVE Patent “One to Watch” in 2023. Outside of work he is a keen orchestral violinist, cook and Italophile.For more information see: https://www.cipil.law.cam.ac.uk/seminars-and-events/cipil-seminars
Questions over the exploitation of the North Sea Continental Shelf offered an opportunity to consider the interpretation of a double taxation convention between the UK and Canada. https://uklawweekly.substack.com/subscribe Music from bensound.com
Can a parent make use of a writ of habeas corpus to challenge a care order made in respect of their child? https://uklawweekly.substack.com/subscribe Music from bensound.com
Conditional fee agreements can make civil litigation possible for those who might not otherwise be able to afford it but, as we discuss in this episode, extortionate success fees can leave claimants out of pocket while law firms turn a massive profit. https://uklawweekly.substack.com/subscribe Music from bensound.com
What can the law do to enforce an agreement that is not signed and in writing? https://uklawweekly.substack.com/subscribe Music from bensound.com
If a union has rights under a contract of employment, should they be able to enforce those rights as a third party? https://uklawweekly.substack.com/subscribe Music from bensound.com
In this tax case, an effort to meet a deadline is scrutinised by the Supreme Court. https://uklawweekly.substack.com/subscribe Music from bensound.com
Can Russian bankruptcy proceedings force the sale of a property in London. In this episode, the Supreme Court considers the ability of the common law to assist foreign trustees of bankruptcy estates. https://uklawweekly.substack.com/subscribe Music from bensound.com
A shipping case offers a chance to think about how strict the courts should be about time bars. https://uklawweekly.substack.com/subscribe Music from bensound.com
An eight-year trademark dispute over the word ‘sky' comes to a head in the Supreme Court. https://uklawweekly.substack.com/subscribe Music from bensound.com
How set in stone are collective agreements between unions and businesses? In this case we look at the effort by one company to rectify one such agreement and change the terms. https://uklawweekly.substack.com/subscribe Music from bensound.com
Inquiries are an important way to address issues of public importance. In this case we examine the circumstances where an inquiry can be suspended. https://uklawweekly.substack.com/subscribe Music from bensound.com
What is the process for disputing the bill you receive from your solicitor? This case turned on the meaning of when ‘payment' is actually made by a client. https://uklawweekly.substack.com/subscribe Music from bensound.com
A fatal crash on a patch of black ice could perhaps have been prevented but were the police negligent? https://uklawweekly.substack.com/subscribe Music from bensound.com
When a claim for asylum was denied, the courts were asked to consider whether the Home Secretary had given sufficient thought to the best interests of the children. https://uklawweekly.substack.com/subscribe Music from bensound.com
A landfill has been emitting noxious gases and so a local resident decided to bring a judicial review claim against the regulator but was this the correct legal action to take? “Suitable alternative remedies in JR: focusing on the claimant's objectives” by Gabriel Tan https://administrativecourtblog.wordpress.com/2024/10/16/suitable-alternative-remedies-in-jr-focusing-on-the-claimants-objectives/ https://uklawweekly.substack.com/subscribe Music from bensound.com
A multi-billion Euro agreement was left in the balance after Russia invaded Ukraine and sanctions were imposed. The Supreme Court was left to decide whether English courts had jurisdiction to impose an injunction that would halt proceedings in Russia. https://uklawweekly.substack.com/subscribe Music from bensound.com
Do football referees have a contract of employment as far as the law is concerned? We discuss that question and proposed changes to employment law. https://uklawweekly.substack.com/subscribe Music from bensound.com
Controversial 'fire-and-rehire' practices were discussed by the Supreme Court and we look at Labour's proposals on this matter. https://uklawweekly.substack.com/subscribe https://uklawweekly.gumroad.com/ Music from bensound.com
What should happen when there is a statutory requirement but Parliament has failed to state what the consequences of failing to meet that requirement are? In this episode we follow the Supreme Court as they attempt to fill in the gaps. https://uklawweekly.gumroad.com/ https://uklawweekly.substack.com/subscribe Music from bensound.com
Temporary Exclusion Orders are designed to protect the UK from the threat of terrorism but what rights does a person subject to such an order have to see the evidence against them? Civil rights under the ECHR and anti-terrorism measures: QX v Secretary of State for the Home Department by Lewis Graham - https://administrativecourtblog.wordpress.com/2024/08/05/civil-rights-under-the-echr-and-anti-terrorism-measures-qx-v-secretary-of-state-for-the-home-department/ https://uklawweekly.substack.com/subscribe Music from bensound.com
In this corporation tax case, one company disputed with HMRC whether a management expense was revenue expenditure or capital expenditure. https://uklawweekly.substack.com/subscribe Music from bensound.com
A flight being cancelled is the worst nightmare for any holidaymaker. In this case, the Supreme Court addresses the compensation available for those affected. https://uklawweekly.substack.com/subscribe Music from bensound.com
What requirements does a contract have to meet in order for it to be considered a construction contract? https://uklawweekly.substack.com/subscribe Music from bensound.com
What sort of responsibility do sewerage undertakers have for foul water discharges? This hot-button topic during the election campaign comes to the Supreme Court as the Justices decide a civil case brought by the Manchester Ship Canal Company. https://uklawweekly.substack.com/subscribe Music from bensound.com
A defamation claim against the Home Secretary was thrown out for abuse of process but under what circumstances should a person be able to protect their reputation? https://uklawweekly.substack.com/subscribe Music from bensound.com
An Environmental Impact Assessment is required for certain development projects but just how far and wide should such an inquiry go? https://uklawweekly.substack.com/subscribe Music from bensound.com
If a malicious falsehood is published, can damages be recovered for injury to feelings even if no financial loss was suffered? https://uklawweekly.substack.com/subscribe Music from bensound.com
When can an act of God allow a party to unilaterally suspend a contract? https://uklawweekly.substack.com/subscribe Music from bensound.com
In this episode we examine the nature of the corporate veil in the context of trade mark infringements. https://uklawweekly.substack.com/subscribe Music from bensound.com
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