the case files

In The Case Files we look back at notable court cases over the last 150 years - and discover how Brodies lawyers through the ages have played their part in key legal moments over that time.

In each episode, we talk to Brodies' modern-day legal experts to discover how their predecessors helped shape the way the law is applied today.

In this episode, host David Lee is joined by  Christine O'Neill QC from Brodies Advocacy team for a discussion that brings us right up to the modern day and three very significant and high-profile court cases arising from the UK’s 2016 decision to leave the European Union - which were all heard by the UK Supreme Court.

The three cases are:

Miller v Secretary of State for Exiting the European Union (often known as the Article 50 Case) 

The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (known as the Continuity Bill case); 

and

Cherry v Advocate General for Scotland (the ‘Boris Johnson’s prorogation of Parliament case)

The Lord Advocate was involved in all three cases - and Christine O’Neill QC was part of his legal team in each case. 

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice. This episode was recorded on 10/02/2022.

In The Case Files we look back at notable court cases over the last 150 years - and discover how Brodies lawyers through the ages have played their part in key legal moments over that time.

In each episode, we talk to Brodies' modern-day legal experts to discover how their predecessors helped shape the way the law is applied today.

In this episode, host David Lee is joined by Laura McMillan and Christine O'Neill QC from Brodies Advocacy team to look at a more recent - and controversial - case from 2012 that changed the landscape on asbestos related claims for personal injury in Scotland, with lasting implications for the insurance industry, while also having a significant impact on constitutional and administrative law in Scotland.  

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice. This episode was recorded on 02/02/2022.

In The Case Files we look back at notable court cases over the last 150 years - and discover how Brodies lawyers through the ages have played their part in key legal moments over that time.

In each episode, we talk to Brodies' modern-day legal experts to discover how their predecessors helped shape the way the law is applied today.

In this episode, host David Lee is joined by Niall McLean and Brian Campbell from Brodies Advocacy team.  The case dates from the early 1990s and focuses on employment law - and specifically, a business which undergoes a change of ownership.

Nowadays when this happens, employees will usually be protected under the Transfer of Undertakings (Protection of Employment) regulations (or TUPE, as they are usually known).

But back in 1990, the TUPE Regulations were in a simpler form and many questions about how they operate had yet to be answered. This became an issue after Forth Dry Dock & Engineering went into receivership.

The receivers made a number of employees redundant on appointment and then arranged to transfer the business to another company. 

The employees complained about unfair dismissal and that their jobs should have been protected by the TUPE Regulations - in one of the first cases about the implementation of EU Directives in domestic UK law. 

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice. This episode was recorded on 08/11/2021.

In The Case Files we look back at notable court cases over the last 150 years - and discover how Brodies lawyers through the ages have played their part in key legal moments over that time.

In each episode, we talk to Brodies' modern-day legal experts to discover how their predecessors helped shape the way the law is applied today.

In this episode, host David Lee is joined by partner Craig Watt and associate David Ford from Brodies Advocacy team to look at the limits of foreseeability in the duty of care owed to neighbours in the case of Maloco v Littlewoods Organisation Ltd.

Brodies acted for the unfortunate Mr Angelo Maloco, owner of Maloco's Café in Dunfermline which was adjacent to the Regal Cinema in the historic Fife town. Littlewoods had bought the cinema to demolish it and build a supermarket on the site and work had been undertaken to strip the cinema of its seats and other fittings to prepare it for demolition.

However, before the cinema could be demolished, it was destroyed by fire. The question was, who was responsible for the damage caused to surrounding buildings and could it have reasonably been foreseen?

The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice. This episode was recorded on 08/11/2021.

Mesothelioma is known as the ‘silent killer’. It’s a cancer that lays dormant in its victims’ bodies for decades, before extinguishing their life during their golden years. But this is a cancer that could have been almost completely avoided.

In this episode of The Case Files Kate Gerbeau speaks to two families who are living with the devastating effects of unwittingly working with asbestos fibres.

She also speaks with Lorraine Creech, Head of Nursing at Mesothelioma UK , and specialist industrial disease lawyer Madelene Holdsworth at Slater and Gordon , to explore how these tiny particles were allowed to rip such huge holes in so many lives, for so long.

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