Stare Decisis Radio Mark Tottenham

In the early 1930s, James Joyce's novel Ulysses was seized by customs on importation to the United States of America. A federal court had to decide whether the novel was "obscene" or not. In this podcast, we consider the decision of the trial court and the appeal court on this issue.

A seven year old girl is brought by her mother to Pakistan. The mother’s former same sex partner, who had an active involvement with her upbringing, and considered herself the girl’s parent, applies to the court to order her return. The High Court refuses jurisdiction on the grounds that the girl was no longer “habitually resident” in the UK. The Supreme Court considers when habitual residence begins and ends.

A man borrows a truck without the consent of the owner, and is then involved in a collision with another driver, who is killed. He is charged with the offence of “aggravated vehicle taking”, which arises where a person using a car unlawfully causes damage or injury. There is no evidence that the manner of his driving cause the fatal accident, so can he be convicted of the offence? Lord Sumption delivers the unanimous judgment.

An alleged supporter of Al Qaida has had his assets frozen by a UN committee, with the support of the UK’s Secretary of State for Foreign Affairs. The Foreign Secretary’s support is challenged on a number of grounds, including the use of information obtained by torture, wrongful interference with property rights, and the application of the incorrect standard of proof. Can the decision stand?

A convicted murderer is placed in a high-security psychiatric hospital for several years. After the expiration of his tariff, he is transferred to a private hospital and his treatment involves his gradual reintroduction to the community. The Secretary of Justice refuses consent to some of this treatment, and he seeks judicial review. As part of the proceedings, he seeks to protect his anonymity. Do the public have a right to know his identity?

A Polish national and an Austrian national are living in the UK. They apply for income support and housing assistance respectively. But their applications are refused on the grounds that they do not have a right of residence in the UK, despite being EU citizens. Is this a breach of EU law? Lord Neuberger delivers the unanimous judgment.