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Last update: 2014-12-28

2014 UK Supreme Court Quiz

2014-12-28 :: Julius Komorowski
Length: 26m 37s

This is a special episode, being a quiz on the last year’s decisions of the Supreme Court of the United Kingdom. The cases which inspired the questions, and where applicable the Pod’s law episodes in which those cases were discussed, are set out below. =Question 1= The United Nations High Commissioner for Refugees and decisions in the United Kingdom about refugee status. IA v SSHD 2014 SC (UKSC) 105 29 January 2014 http://www.bailii.org/uk/cases/UKSC/2014/6.html =Question 2= Duties of care towards legal entities not yet in existence Cramaso v Viscount Reidhaven’s Trs 2014 SC (UKSC) 121 12 February 2014 http://www.bailii.org/uk/cases/UKSC/2014/9.html =Question 3= Residential care of those with learning disabilities and ECHR, Article 5 “Cheshire West” [2014] AC 896 19 March 2014 http://www.bailii.org/uk/cases/UKSC/2014/19.html =Question 4= Extradition and the speciality rule R v O’Brien [2014] AC 1246 2 April 2014 http://www.bailii.org/uk/cases/UKSC/2014/23.html =Question 5= Prohibition on publication of matters arising in court proceedings A v BBC 2014 SC (UKSC) 151 8 May 2014 http://www.bailii.org/uk/cases/UKSC/2014/25.html =Question 6= Assisted suicide R (Nicklinson) v Ministry of Justice [2014] 3 WLR 200 25 June 2014 http://www.bailii.org/uk/cases/UKSC/2014/38.html =Question 7= Prescription (Time limits for proceedings) David T Morrison & Co Ltd v ICL Plastics Ltd [2014] UKSC 48 30 July 2014 http://www.bailii.org/uk/cases/UKSC/2014/48.html =Question 8= VB v Westminster Magistrates Court & Govt of Rwanda [2014] UKSC 59 5 November 2014 http://www.bailii.org/uk/cases/UKSC/2014/59.html =Question 9= ECHR, Protocol 1, Article 3: protocol 1 Moohan v Lord Advocate Decided on 24 July 2014; Reasons given on 17 December 2014. http://www.bailii.org/uk/cases/UKSC/2014/67.html == About the series == This is the last show in the current series of Pod's law. I am taking a break from recording podcasts for the time being. You can follow the me on Twitter (@podslaw), where I will announce when the podcast is being resumed. You can also subscribe through iTunes: www.tinyurl.com/podslaw-iTunes You can also like the show on Facebook: www.facebook.com/podslawjk Please give me your feedback either through Twitter, Facebook or by e-mail to: julius [dot] komorowski [at] terrafirmachambers [dot] com…

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Hooper on CMP & National Security

2014-11-30 :: Julius Komorowski
Length: 27m 42s

This episode features an interview with Hayley Hooper, of Homerton College, University of Cambridge on Closed Material Procedure and National Security. You can view her profile here: www.tinyurl.com/H-J-Hooper We discuss the following recent cases: = CF -v- Ministry of Defence = High Court of England & Wales: Queen's Bench Division (Irwin J) 14 October 2014 [2014] EWHC 3171 (QB) An applicant alleged that the UK government had colluded in torture and other ill-treatment that he had suffered abroad. He sought to recover damages from the government in a civil action. It had already been decided that it was necessary to exclude the applicant from parts of the civil trial to protect national security. The question was what level of detail of the government's defence must be disclosed to the applicant in order for him to have a fair trial of his civil action. www.tinyurl.com/CF-v-MOD-CMP = VB & ors -v- Westminster Magistrates' Court, Govt. of Rwanda & Crown Prosecution Service = Supreme Court (Lords Neuburger, Mance, Reed, Hughes & Toulson) 5 November 2014 [2014] UKSC 59 The Government of Rwanda sought extradition of certain persons in the United Kingdom. Those persons claimed that their extradition would expose them to serious harm. The witnessess necessary to establish this could not be led, they said, if the witnessess thought the Government of Rwanda would become aware of the evidence they had given. The question was whether the court had any power to employ special measures to avoid this. www.tinyurl.com/VB-v-Rwanda = Carlile -v- Secretary of State for the Home Department = Supreme Court (Lord Neuberger, Lady Hale, Lords Kerr, Clarke & Sumption) 12 November 2014 [2014] UKSC 60 A group of MPs and members of the House of Lords wished to host a meeting with a prominent Iranian opposition politician. The Home Office denied a visa to that politician. The Home Secretary said granting a visa would damage relations with Iran and might expose the British Embassy to retaliation from the Iranian public. In assessing whether the interference with the freedom of expression of the politician and parliamentarians was proportionate, what degree of respect should be accorded to the views of the Home Secretary? How intrusive should review be by the court? www.tinyurl.com/Carlile-v-SSHD == About the series == You can follow the show on twitter (@podslaw), where every new episode will be announced. You can also subscribe through iTunes: www.tinyurl.com/podslaw-iTunes…

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Hay on Employment Law

2014-11-02 :: Julius Komorowski
Length: 28m 32s

The sixth show in the new series is with David Hay, Advocate, of Westwater Advocates. You can find out about him here: www.tinyurl.com/David-JP-Hay You can also read the judgment in his recent victory in the EAT here: www.tinyurl.com/Swissport-v-Taylor We discuss the following case: = General Dynamics Information Technology Ltd -v- Carranza = Employment Appeal Tribunal 10 October 2014 [2014] UKEAT 0107 Whether an Employment Tribunal erred in finding that, where a sick and disabled person was subject to disciplinary proceedings due to his absences, a reasonable adjustment would have been to disregard a final written warning for previous absences. www.tinyurl.com/General-Dynamics-v-Carranza == About the series == You can follow the show on twitter (@podslaw), where every new episode will be announced, and like the show on Facebook: www.facebook.com/podslawjk You can also subscribe through iTunes: www.tinyurl.com/podslaw-iTunes…

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Mullan on Criminal Evidence

2014-10-05 :: Julius Komorowski
Length: 28m 54s

The fifth show in our series is with Owen Mullan, Advocate, of Mackinnon Advocates. You can find out about him here: www.mullanadvocate.co.uk We discuss the following case: = Beurskens v HM Advocate = Appeal Court, High Court of Justiciary 26 February 2013 [2014] HJAC 99 Were signed statements taken by police officers on the instructions of the procurator fiscal "precognitions" and therefore inadmissable as evidence? Judgment: http://tinyurl.com/Beurskens-v-HMA Owen's blog: http://www.mullanadvocate.co.uk/beurskens-v-hma-precognition-or-statement/ == About the series == You can follow the show on twitter (@podslaw), where every new episode will be announced, and like the show on Facebook: www.facebook.com/podslawjk You can also subscribe through iTunes: www.tinyurl.com/podslaw-iTunes…

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McAlpine on Child Law

2014-09-07 :: Julius Komorowski
Length: 29m 36s

The fourth show in our series is with Scott McAlpine, Advocate, of Westwater Advocates. You can find out about him here: www.tinyurl.com/Scott-McAlpine We discuss the following cases: = S, Petitioners = Inner House, Court of Session 9 May 2014 [2014] CSIH 43; 2014 Fam LR 23 Whether ECHR, Article 8 considerations relevant to whether parental consent to adoption should be dispensed with. http://tinyurl.com/S-petitioners = JM v Taylor = Inner House, Court of Session 10 July 2014 [2014] CSIH 62 In what circumstances is it expedient to pursue an appeal against a decision of the children's panel to the Inner House? http://tinyurl.com/JM-v-Taylor = JS v Mulrooney = Inner House, Court of Session 29 July 2014 [2014] CSIH 70 In a hearing for determining whether grounds of referral to a children's hearing are established, what does the sheriff's duty to give reasons consist of? In an appeal against that sheriff's decision, when can the Inner House interfere? http://tinyurl.com/JS-v-Mulrooney == About the series == You can follow the show on twitter (@podslaw), where every new episode will be announced, and like the show on Facebook: www.facebook.com/podslawjk You can also subscribe through iTunes: www.tinyurl.com/podslaw-iTunes…

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Leighton on Detention (Article 5, ECHR)

2014-08-10 :: Julius Komorowski
Length: 29m 38s

The third show in our new series is with David Leighton, Advocate, of Hastie Stable. You can find out about him here: www.tinyurl.com/DavidLeighton We discuss the following case: = P v Cheshire West and Cheshire Council ("Cheshire West") = Supreme Court of the United Kingdom 19 March 2014 [2014] UKSC 19 Whether and in what circumstances individuals with learning disabilities, cared for in a residential setting, were detained in terms of the European Convention on Human Rights, Article 5. www.tinyurl.com/CheshireWest At the end of the podcast I also mention: = Re X (deprivation of liberty) = Court of Protection of England & Wales 7 August 2014 [2014] EWCOP 25 In what manner should the cases of those who must be regarded as being detained following the Cheshire West judgment be reviewed by the Court of Protection? www.tinyurl.com/X-Deprivation == About the series == You can follow the show on twitter (@podslaw), where every new episode will be announced. You can also subscribe through iTunes: www.tinyurl.com/podslaw-iTunes…

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Stark on Assisted Suicide

2014-07-13 :: Julius Komorowski
Length: 29m 9s

The second show in our new series is with Dr Findlay Stark of Jesus College, University of Cambridge. You can find out about him here: www.tinyurl.com/FindlayStark You can also follow Dr Stark on twitter here: www.twitter.com/findlaystark We discuss the following case: = R (o.t.a. Nicklinson) v Ministry of Justice = Supreme Court of the United Kingdom [2014] UKSC 38 Whether the blanket ban on assisted suicide contained in the Suicide Act 1961 was incompatible with the European Convention on Human Rights; and whether the Director of Public Prosecutions was required by Article 8 to give more precise guidance as to when prosecutions of assisted suicide would ensue. www.tinyurl.com/Nicklinson == About the series == You can follow the show on twitter (@podslaw), where every new episode will be announced. You can also subscribe through iTunes: www.tinyurl.com/podslaw-iTunes…

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McCluskey on Crime

2014-06-15 :: Julius Komorowski
Length: 28m 31s

Our new series begins with an interview with Niall McCluskey, Advocate. Niall is a member of Black Chambers. You can view his profile here: www.tinyurl.com/NiallMcC We discuss the following recent cases: = Guardian News and Media Ltd -v- AB & CD = Court of Appeal: Criminal Division (Gross LJ, Simon & Burnett JJ) 12 June 2014 Whether a terrorism trial could be held with the public and press entirely excluded from proceedings, and the identity of the accused withheld. www.tinyurl.com/terrorism-trial = R -v- Crawley = Court of Appeal: Criminal Division (President of the Queen's Bench Division (Leveson), Davis & Treacy LJJ) 21 May 2014 [2014] EWCA Crim 1028 Whether a complex fraud trial should be stopped in view of difficulties in obtaining counsel willing to appear for the accused. www.tinyurl.com/CoA-legal-aid = Bruce Smith -v- Procurator Fiscal, Aberdeen = High Court of Justiciary (Lady Smith, Lady Clark of Calton, Lord Philip) 10 April 2014 [2014] HJAC 25 Whether accused who possessed a souvenir knuckle-duster and baton bought abroad on holiday had a reasonable excuse for its possession in transit to his home. www.tinyurl.com/souvenir-weapons == About the series == You can follow the show on twitter (@podslaw), where every new episode will be announced. You can also subscribe through iTunes: www.tinyurl.com/podslaw-iTunes…

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Pod's law | Spreaker

A podcast hosted by Julius Komorowski, a Scottish Advocate bringing updates on recent judicial decisions. ~~ Facebook: www.facebook.com/podslawjk Twitter: @podslaw iTunes: www.tinyurl.com/podslaw-iTunes RSS feed: http://feeds.feedburner.com/podslaw Julius' Website: tinyurl.com/JuliusKo E-mail: julius.komorowski@terrafirmachambers.com

Pod's law | Spreaker


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