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As a new Chief Coroner takes up the reins, Jim Duffy is joined by 1COR colleagues Richard Mumford and Lance Baynham to discuss the challenges facing the coronial system today. They look at recent cases on Article 2 ECHR and the ordering of fresh inquests, before reflecting on how the process works for those who come into contact with it.
His Honor Judge Mark Lucraft KC, Chief Coroner of England & Wales from 2016-2020 endorsed the guide saying the following:
“This important guide equips practitioners and coroners to recognise, raise and investigate issues of race or racism when they arise, sensitively and without reticence. It is an invaluable resource, not only for promoting racial justice, but for improving fact finding, increasing racial awareness, and providing better representation to families.”
In this series, Lucy McCann and Rajkiran Arhestey speak to Lady Justice Whipple, Sally Smith KC, Clodagh Bradley KC, Cara Guthrie, Judith Rogerson, Isabel McArdle, Emma-Louise Fenelon and Chloe Turvill about their experiences, in the hope of drawing out some key reflections and continuing the conversation about gender and the profession.
In this episode, Lucy and Kiran discuss a number of issues relating to parenthood, including pregnancy, maternity and paternity leave, childcare, gendered assumptions about caring and family life.
Following the Strasbourg Court’s dismissal of Kosher and Halal groups’ challenge to the ban on no-stun slaughter of food animals, Rosalind English talks to animal welfare campaignerPaula Sparks about the complex web of laws surrounding our treatment of farm animals in the abattoir. The welfare rules in the UK post Brexit require a level of “protection of animals at the time of killing” (known as PATOK), but there are many difficult areas where this protection is difficult and expensive to apply, such as the depopulation of intensively reared birds due to highly pathogenic avian flu, or the disposal of male chicks in hatcheries where only laying hens are commercially viable.
The cases and legislation referred to in the episode are as follows:
Personal data is intimately connected to privacy (art 8, ECHR) but is regulated by specific data protection regimes, such as the UK GDPR. Attention-grabbing legal issues arising out of Big Data dominate the public discourse around data protection: can generative AI use datasets without breaching intellectual property laws; how should the NHS use its mass of personal data; should we be compensated for the value of the data we provide to tech companies who go on to use it in advertising.
But on the other end of the scale from big data claims sits what might be thought of as ‘small data’ – issues around the use of one individual person’s data and the sometimes serious effects that can have. Jasper Gold joins Lucy McCann in a new episode of Law Pod UK to discuss the intersection of data protection, distress and personal injury, and consider some of the legal and tactical issues for litigants involved in these claims.
Brown v Commissioner of the Police of the Metropolis & Anor(2016), Claim No. 3YM09078 (at first instance) and [2019] EWCA Civ 1724 (in the Court of Appeal, on the issue of qualified one way costs shifting)
Football fans everywhere will be familiar with reckless tackles, whether from their own Sunday league experience or as followers of the professional game. But when will a tackle amount to negligence and be actionable in a civil court, such that an injured player can sue their opponent?
In January this year, the Transparency Implementation Group Reporting Pilot was rolled out to 16 more courts across England. The pilot works on the basis of a presumption that journalists and legal bloggers may report on what they see and hear during family cases, subject to strict rules of anonymity.
In Episode 197 of Law Pod UK barrister Jim Duffy speaks to two experienced 1COR family law practitioners – Richard Ager and Clare Ciborowska. They explore the principles at stake and the on-the-ground impact of the pilot so far.
Yesterday (Tuesday 9th of April) the European Court of Human Rights in Strasbourg handed down three judgments from the Grand Chamber. Two of the applications were rejected on admissibility grounds. The third, a representative action by an NGO against the Swiss government, succeeded. It has caused something of a stir, to say the least.
The Strasbourg Court has broken new ground in finding that Switzerland has breached Article 8 of the ECHR, a provision which was drafted to protect the right to private and family life. In the case of Verein Klimaseniorinnen Schweiz and others v Switzerland, 16 of the 17 member panel concluded that Article 8 encompasses a right to effective protection by the state authorities from the serious adverse effects of climate change on lives, health, well-being and quality of life.
The case of Duarte Agostinho and five others v Portugal and 32 other states was one of the applications considered by the Grand Chamber. Emma Louise Fenelon advised Save the Children in its third party intervention in this case.
In this first episode, Lucy and Kiran ask ‘what’s the problem?’ and cover a number of issues including gendered assumptions and stereotypes, pressure at the Bar, equal pay, and the fair allocation of work.
In Episode 192 of Law Pod UK Rachel Marcus and Marcus Coates-Walker of 1 Crown Office Row join Lucy McCann to explore the principle of the scope of duty in the context of clinical negligence claims: first by analysing the decision in Khan v Meadows and then discussing how the courts have grappled with scope of duty issues since.
In Episode 191 Jon Metzer and Lucy McCann join Rosalind English to review the judgements and decisions of the past year that we at Law Pod UK consider to have the most important implications for the law. The cases we discuss are the following:
Episode 190: join environmental law expert David Hart KC of 1 Crown Office Row and Roy Harrison, professor of public health and expert in airborne emissions of Birmingham University, for a fascinating and disturbing discussion of two cases concerning the contamination of the environment in countries where enforcement standards are not as strong as they are in the West. You will hear both the scientific details of how these contaminants behave when they get into the environment, and the practicalities of getting class actions going in the courts to bring the polluters to book.
We have the Royal Society of Chemists to thank for this interesting discussion, in particularly the Society’s Toxicology Group which held a seminar in November to bring scientists and lawyers together to explore current perspectives on environmental toxic tort claims and review recent cases.
In Episode 189 presenters Rosalind English and Lucy McCann reprise some of the leading episodes of Law Pod UK this year, ranging from the potential impact of AI on the legal professions, to the problem of Deprivation of Liberty Orders for children in the UK, given the severe lack of regulated accommodation available for the family courts to identify.
For a reminder and a refresher of the wide spectrum of subjects we cover on this series, dive in, learn and enjoy.
Listen to Family law expert Richard Ager talk to Melissa Patidar about her intermediary service company, Comunicourt, which provides communication support between lawyers and witnesses in remote and face to face hearings in family court proceedings. They discuss parties with vulnerabilities, qualifications and role of an intermediary, and how lawyers should aim to work with them.
Traditionally, the courts have been extremely reluctant to impose a positive duty of care on the police to protect or warn members of the public who may be potential victims of crime. This sort of liability, it is thought, would lead to defensive policing.
In a leading authority on this issue, Hill v Chief Constable of North Yorkshire Police (the Peter Sutcliffe case 1989), the House of Lords said that the imposition of a duty of care to individual members of the public would be detrimental.
“A great deal of police time, trouble and expense might be expected to have to be put into the preparation of the defence to the action and the attendance of witnesses at the trial. The result would be a significant diversion of police manpower and attention from their most important function, that of the suppression of crime”.
In Episode 187 of Law Pod UK, Rosalind English discusses with barrister Conor Monighan of 5 Essex Court the implications of this decision for the police and other public authorities in the UK. I would urge anyone interested in this subject not only to listen to the podcast but also to read Conor’s deep dive into the case in his recent post on UKHRB: A Common Law Duty of Care to Issue an Osman Warning? In that post you will find references to previous authorities on police liability in this context, with full citations.
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