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In Episode 231 of Law Pod UK Jim Duffy is joined by David D. Cole, Professor of Law and Public Policy at Georgetown University and former National Legal Director of the American Civil Liberties Union. They discuss the US President’s invocation of emergency powers to deport, to attack vessels on the high seas, and to impose sweeping international trade tariffs.
Episode 227: It’s been an interesting year in the law, with Richard Hermer KC and the Shadow Attorney General Lord Wolfson of Tredegar joining battle on what constitutes the “thin” or “thick” concept of the rule of law. We interview Lady Hale on her long career in the law, the Law Commission and the Supreme Court. Lord Sumption speaks out on the need to withdraw from the European Convention of Human Rights and Freedoms. We have speculations on the Assisted Dying Bill which has yet to make its way through the House of Lords, and an interview with a former barrister of 1 Crown Office Row and now MP on the potential implications of the Employee Rights Bill, also in the Lords.
Of course there are many more episodes to come as summer descends into autumn, but sit back and enjoy a leisurely review of the wide range of topics we have covered since 2025 was in its infancy.
In this episode, Lucy McCann is joined by Professor Steven Gunn, historian at Merton College, Oxford to discuss his recent book, An Accidental History of Tudor England (co-authored with Tomasz Gromelski). They explore the world of the sixteenth century Coroners’ Court, examine what records of inquest reveal, and consider about how people died and what this can tell us about everyday life at the time, to draw comparisons with modern day inquest proceedings and coronial statistics.
During our conversation Lord Wolfson addresses the political sensitivities involved in reforming the ECtHR, particularly where it comes to the balance between national sovereignty and international human rights obligations, a topic on which he has been in public disagreement with the current government’s Attorney General Lord Hermer KC. We explore the legal questions that predate and would arise from those reforms, including the implications for the rule of law and the long term relationship between the UK and Strasbourg.
Lord Wolfson emphasises the importance of careful legal analysis and the need for clear, principled leadership in this sensitive area, since he is now tasked with reviewing how to prevent the ECtHR from blocking government policies, especially on contentious issues like immigration and climate change mitigation. Above all, he stresses that the rule of law must be observed by asserting parliamentary sovereignty over Strasbourg and other decisions by international institutions.
In this episode Lucy and Kiran explore the themes of belonging and community at the Bar. How does imposter syndrome manifest itself? Why are role models important? How can we strengthen networks to encourage other women?
In Episode 214 Emma-Louise Fenelon speaks to Rachel Marcus of 1, Crown Office Row and Dr Anna Colton, an experienced Clinical Psychologist, about vicarious trauma and trauma-informed lawyering.
Dr Colton’s book How to Talk to Children about Food, is available here:
· More information about Dr Colton is available here
The episode mentions:
· Counsel magazine article: “The use of clinical supervision” by Mark Mason available here
· Law Pod Episode 147, Vicarious Trauma in the Legal Profession available here
· Vicarious Trauma in the Legal Profession: a practical guide to trauma, burnout and collective care by Rachel Francis and Joanna Fleck available here
· The Body Keeps the Score, Bessel Van Der Kolk available here
Law Pod UK aims to inform and enlighten our audience on important developments in civil and public law with a range of guests from 1 Crown Office Row and other legal experts. Law Pod UK is available on Spotify, Apple Podcasts, Audioboom, Player FM, ListenNotes, Podbean, iHeart, Radio Public, Deezer or wherever you listen to your podcasts.
Please remember to rate and review us if you like what you hear.
In Episode 213 of Law Pod UK, Alasdair Henderson of 1 Crown Office Row joins Labour MP Henry Tufnell (formerly of 1 Crown Office Row) to discuss some of the salient and problematic proposals in Labour’s most sweeping changes to employment law in decades. They consider the proposed restrictions on zero hours contracts, the radical reduction of the qualifying period for unfair dismissal and that most controversial part of the bill, Clauses 15 and 16, which impose liability on the employer for third party harassment (as defined under the 2010 Equality Act). This goes beyond sexual harassment and could cover situations where for example an entertainment venue books a comedian whose riff, though legal, is maybe offensive to some people. If there are employees who say, we really hate what this comedian’s saying on stage, the Bill may impose a duty on the employer to cancel the comedian; does this not impose a chilling effect on free speech?
Join Ally and Henry for a lively and interesting to and fro on the Bill as it passes through its various Committee and Report stages in the Commons.
Law Pod UK starts 2025 with nearly 950K listens. We aim to inform and enlighten our audience on important developments in civil and public law with a range of guests from 1 Crown Office Row and other legal experts. Law Pod UK is available on Spotify, Apple Podcasts, Audioboom, Player FM, ListenNotes, Podbean, iHeart, Radio Public, Deezer or wherever you listen to your podcasts.
Please remember to rate and review us if you like what you hear.
In Episode 211 of Law Pod UK I am joined by former President of the Supreme Court, Brenda Hale, first female law lord in the Court of Appeal, one time Professor of Law at Manchester University and participant in many Law Commission projects during her nine year sojourn there. She discusses with me the emergence of the English law of privacy from the network of common law torts such as breach of confidence, misuse of private information and libel, in the constellation of cases that reached the courts before the 1998 Human Rights Act ushered in the right to respect to private life and the right to freedom of expression under the European Convention on Human Rights and Freedoms. The balancing act between Article 8 and 10 is not always straightforward, as Lady Hale points out, where different members of the appellate committee have differing views on transparency and confidentiality.
She talks about her years at the Law Commission and her role in the team collaborating with what was then the Department of Health and Social Security to come up with a systematic drawing together of all the different rules about the care and upbringing of children the Children Act 1989. At this point of the discussion, Rosalind and Lady Hale touch upon the novel by Ian McEwan by that very title, The Children Act (2014), which gets Lady Hale’s full endorsement.
The full citations of the cases we discuss are set out below.
Kaye v Robertson [1991] FSR 62
Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22
Patel v Mirza [2016] UKSC 42 (general principles of illegality)
Law Pod UK starts 2025 with nearly 950K listens. We aim to inform and enlighten our audience on important developments in civil and public law with a range of guests from 1 Crown Office Row and other legal experts. Law Pod UK is available on Spotify, Apple Podcasts, Audioboom, Player FM, ListenNotes, Podbean, iHeart, Radio Public, Deezer or wherever you listen to your podcasts.
Please remember to rate and review us if you like what you hear.
Join Rosalind English in Episode 211 as she discusses with Lucy McCann and Jonathan Metzer of 1 Crown Office Row the cases that have been decided at all levels in the courts in 2024 that have had, or will have, important implications for practitioners and litigants in fields ranging from children in care through anonymity in medical negligence to the forfeiture of property under the Suicide Act 1961 in the light of the passage of the Assisted Dying Bill. The cases we talk about include the following:
HXA v Surrey County Council [2023] UKSC 52 (abuse, failure to remove and Article 3)
AB (by the Official Solicitor) v Worcestershire County Council and Anor [2023] EWCA Civ 529 (local authority liability under Article 3)
Sammut v Next Steps Mental Healthcare Ltd [2024] EWHC 2265 (KB) (inquests, Article 2 and private care homes)
PMC v A Local Health Board [2024] EWHC 2969 (KB) (anonymisation in clinical negligence cases)
Abbasi and Haastrup (conjoined cases) [2023] EWCA Civ 331 (reporting restriction orders, anonymisation of professionals in medical treatment cases)
Paul v Wolverhampton NHS Trust [2022] EWCA Civ 12 (psychiatric injury or “nervous shock)
Tindall & Anor v Chief Constable of Thames Valley Police [2024] UKSC 33 (23 October 2024) (police Liability)
N v Poole Borough Council [2019] UKSC 25 (duty of care of public authorities)
Philip Morris v James Morris, Kate Shmuel and Gregory White [2024] EWHC 2554 (Ch) (assisted dying and the Forfeiture Act)
McKleenon, re Application for Judicial Review (Northern Ireland) 2024 UKSC 31 (judicial review and remedies)AB
By the end of 2024, Law Pod UK has gained 940K listens. We aim to inform and enlighten our audience on important developments in civil and public law with a range of guests from 1 Crown Office Row and other legal experts. Law Pod UK is available on Spotify, Apple Podcasts, Audioboom, Player FM, ListenNotes, Podbean, iHeart, Radio Public, Deezer or wherever you listen to your podcasts.
Please remember to rate and review us if you like what you hear.
In Episode 209, Jim Duffy is joined by fellow 1COR barristers Alasdair Henderson and Paula Kelly to examine recent judicial attempts to grapple with questions of gender in the workplace. How do the UK courts and tribunals distinguish legitimate and protected expressions of belief from harassment and transphobia?
Following the recent allegations of abuse surrounding former owner of Harrods, Mohamed Al-Fayed, vicarious liability has been in the news once again.
In Episode 208, Emma-Louise Fenelon speaks to Isabel McArdle about developments in this area of law since her previous episode with Rob Kellar KC in 2020 and in particular since the Supreme Court decision in Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15
Over 30 years ago, the Pergau Dam affair, linking aid to trade with Malaysia burst into the papers as one of Britain’s biggest aid scandals. The government promised to supply aid to build a hydroelectric plant at Pergau in exchange for a major arms deal with Malaysia. The trouble was that the Pergau Dam project was deemed hopelessly uneconomic by officials in both Britain and Malaysia. In late 1994, the deal was declared unlawful in a landmark case in the High Court. In Episode 206 Liz Fisher, Professor of Environmental Law at Oxford University joins Sir Tim Lancaster, who was Permanent Secretary to the aid department at the time the Pergau Dam story broke. The case that followed – R v Secretary of State for Foreign Affairs ex parte The World Development Movement Ltd [1995] marked a change in judges’ approach to government policy, and we’ll be discussing the much more interventionist role of judges as they participate in lawmaking today, including the recent climate change judgements in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) – see my post on that case here – and more recently in Friends of the Earth v Secretary of State for Levelling Up.
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.”
For those looking to keep on top of their CPD over the summer, in Episode 204 Emma-Louise Fenelon interviews John Whitting KC and Robert Mills about recent developments in clinical negligence.
Robert Mills takes listeners through three recent cases on material contribution:
CNZ v Royal Bath Hospitals NHSFT & The Secretary of State for Health and Social Care [2023] EWHC 19 (KB)
CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330
Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377
John Whitting KC outlines developments in the law of informed consent:
Bilal and Malik v St George’s University Hospital NHS Foundation Trust [2023] EWCA Civ 605
McCulloch and others v Forth Valley Health Board [2023] UKSC 26
And the episode concludes on a discussion of expert evidence:
Woods v Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust [2024] EWHC 1432 (KB)
CE (Cameroon) [2023] UKAITUR PA011122020
The podcast has previously covered expert evidence in the following episodes:
Disaster Avoidance for Experts with Margaret Bowron KC here
Disaster Avoidance for Experts with Neil Sheldon KC here
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.
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