By: Emma-Louise Fenelon
22 October 2020 by Emma-Louise Fenelon
In Episode 128 Emma-Louise Fenelon talks to Marina Wheeler QC about the Independent Medicines and Medical Devices Safety Review, better known as the Cumberlege Review, which investigated the response of England’s healthcare system to patients’ reports of harm from drugs and medical devices.
Since the report was published in July (available here), the National Institute for Health and Care Excellence has indicated it will be taking a number of steps in response to the review (more information here). In recent weeks a number of questions were tabled asking what the government plans to do next in response.
The episode includes a discussion about consent, and reference to Montgomery v Lanarkshire Health Board [2015] UKSC 11
Find an article written by Marina Wheeler QC and Amelia Walker on the Cumberlege Review on page 5 of Issue 6 of the 1COR Quarterly Medical Law Review (QMLR).
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1 September 2020 by Emma-Louise Fenelon
After a summer hiatus, Law Pod UK returns with an interview with Joshua Rozenberg who will be well known to listeners as a legal commentator, journalist, and presenter of the BBC’s Law in Action.
In Episode 123 Joshua addresses attacks on judges and lawyers by the media and the government, and discusses his new book Enemies of the People? How Judges Shape Society
This interview was recorded the day after the Home Office released a post on social media suggesting that “activist lawyers” were abusing regulations by delaying and disrupting returns of migrants. The Law Society and Bar Council both condemned the video, and it has since been taken down by the Home Office, see here.
For links to the cases discussed, see below:
- The recent New Zealand High Court decision concerning the lawfulness of the first 9 days of lockdown in New Zealand here (for an analysis, see UK Human Rights Blog article here.
- Read more about Simon Dolan’s challenge to lockdown, represented by Philip Havers QC, here.
Listeners can avail of 20% discount on the retail price of Joshua Rozenberg’s book, linked on Joshua’s blog here.
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28 July 2020 by Emma-Louise Fenelon
In Episode 122, Emma-Louise Fenelon speaks to Gideon Barth about secondary victim claims, and the recent case of Paul v Royal Wolverhampton NHS Trust [2020] EWHC 1415.
This episode also discusses the following cases:
The podcast will be taking a break until September. We wish all our listeners happy socially distanced holidays.
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26 June 2020 by Emma-Louise Fenelon
It is now over a month since the death of George Floyd.
The UK Human Rights Blog and Law Pod are committed to continuing the conversation about racism in the UK prompted by his death and the Black Lives Matter protests.
Michael Paulin has discussed a number of issues in his recent article.
The beginning of this week marked Windrush Day, introduced in June 2018 on the 70th anniversary of the Windrush migration, to celebrate the contribution of the Windrush Generation and their descendants to Britain. In Episode 117, Emma-Louise Fenelon speaks to Martin Forde QC, Independent Adviser to the Windrush Compensation Scheme about racial inequality in the UK, in immigration history and at the Bar. The Counsel magazine front cover interview with Martin Forde QC in their June Issue is available here.
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16 June 2020 by Emma-Louise Fenelon
In Episode 116 Emma-Louise Fenelon speaks to Richard Scorer, Head of Abuse at Slater and Gordon, about progress of the Independent Inquiry into Child Sexual Abuse and in particular the investigation into abuse within minority religions (including non conformist Christian denominations, the Jehovah’s Witnesses, Baptists, Methodists, Islam, Judaism, Sikhism, Hinduism and Buddhism). The episode also examines the effect of Covid-19, and the impact virtual hearings has had on evidence at the Inquiry to date.
More information on the module on minority religions can be found here.
Law Pod UK is available on Spotify, Apple Podcasts, Audioboom, Player FM, ListenNotes, Podbean, iHeart, Radio Public, Deezer or wherever you listen to our podcasts.
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1 June 2020 by Emma-Louise Fenelon
Since 2017 the rate and volume of rape prosecutions in the UK have fallen steeply, collapsing to the lowest level since records began. The reasons for this are unclear.
In Episode 114 of Law Pod UK, Emma-Louise Fenelon speaks to Jennifer MacLeod from Brick Court Chambers about two judgments recently handed down by the Divisional Court concerning challenges brought against different aspects of CPS rape prosecution policy:
R (EVAW) v Director of Public Prosecutions [2020] EWHC 929 (Admin)
(FNM) v Director of Public Prosecutions [2020] EWHC 870 (Admin)
Alice Kuzmenko discusses the FNM decision on the UKhuman rights blog here.
Law Pod UK is available on Spotify, Apple Podcasts, Audioboom, Player FM, ListenNotes, Podbean, iHeart, Radio Public, Deezer or wherever you listen to our podcasts.
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10 May 2020 by Emma-Louise Fenelon
In Episode 111 Emma-Louise Fenelon discusses with Peter Skelton QC the recent changes in legislation and guidance concerning the Coronial jurisdiction since the outbreak of Covid-19 and the ways in which Coroners and practitioners are rising to meet the challenges faced in lockdown.
The four most recent Guidance Notes published by the Coroner can be found below, along with a link to the most recent issue of the QMLR:
Guidance Note 34
Guidance Note 35
Guidance Note 36
Guidance Note 37
Quarterly Medical Law Review (QMLR) Special Issue
Law Pod UK is available on Spotify, Apple Podcasts, Audioboom, Player FM, ListenNotes, Podbean, iHeart, Radio Public, Deezer or wherever you listen to our podcasts.
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28 April 2020 by Emma-Louise Fenelon
In the latest Law Pod UK episode, Emma-Louise Fenelon speaks to Rajkiran Barhey about the the most recent issue of the Quarterly Law Medical Review.
The QMLR covers developments in medical law in the broadest sense – clinical negligence, inquest, regulatory, judicial review and court of protection cases.
In Episode 109 we touch on some of the highlights from the most recent issue including articles from:
John Whitting QC on causation,
Suzanne Lambert on informed consent,
Jeremy Hyam QC on gender reassignment in prison,
Rajkiran Barhey on NICE Guidelines and the use of screens in inquests, and Jo Moore on the recent changes to statements of truth and witness statements.
The following cases are mentioned in this episode:
Get the latest case updates by following on twitter @1corQMLR and find previous issues on the 1COR website under ‘Newsletter’.
Law Pod UK is available on Spotify, Apple Podcasts, Audioboom, Player FM, ListenNotes, Podbean, iHeart, Radio Public, Deezer or wherever you listen to our podcasts.
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11 March 2020 by Emma-Louise Fenelon
The complexity of EU law, and its status during the Brexit transition period and beyond continues to puzzle many if not most of those tasked with understanding it.
The Constitutional and Administrative Law Bar Association (ALBA) recently held a panel event tackling this very topic. The panel included Lord Anderson of Ipswich, perhaps better known as David Anderson QC, Professor Catherine Barnard, Professor of European Union law at Cambridge University (who will be familiar to listeners from our Brexit series), and Alison Pickup, Legal Director at the Public Law Project.
We are enormously grateful to the Committee and Chair of ALBA, as well as the speakers, for allowing us to reproduce their contributions on the podcast, as Episode 104. This talk is occasionally quite technical, and for this reason we have provided the powerpoint slides provided by each speaker (see the following attachments), which we hope will make it easier to follow along.
ALBA is the professional association for barristers in England and Wales practising in public law. Its members also include solicitors, academics and judges with an interest in public law. Details on joining ALBA can be found here, and their upcoming events here.
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3 February 2020 by Emma-Louise Fenelon
In the latest episode on Law Pod UK, Emma-Louise Fenelon talks to Shaheen Rahman QC about Samira Ahmed’s decisive Employment Tribunal victory, handed down on 10 January 2020.
The decision can be found here.
Law Pod UK is available on Spotify, Apple Podcasts, Audioboom, Podbean, iHeart, Radio Public, Deezer or wherever you listen to our podcasts.
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20 December 2019 by Emma-Louise Fenelon
In our 100th episode, Emma-Louise Fenelon talks to Neil Sheldon QC about how to help your expert stay out of trouble in clinical negligence cases. The episode considers the recent trend in trenchant judicial criticism of expert witnesses and discusses the following cases:
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27 September 2019 by Emma-Louise Fenelon
Emma-Louise Fenelon talks through the recent Supreme Court ruling that prorogation was unlawful with Jonathan Metzer, Commissioning Editor of the UK Human Rights Blog, and Jo Moore, Head of Outreach at 1 Crown Office Row in Episode 94 of Law Pod UK
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23 September 2019 by Emma-Louise Fenelon
In Episode 93, Emma-Louise Fenelon speaks to Isabel McArdle about the ways in which taxation and human rights overlap, with a particular focus on how this has arisen domestically in relation to the licensing of wholesale alcohol trading.
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1 August 2019 by Emma-Louise Fenelon
To celebrate reaching 200,000 listens, and in the event that any of our listeners wish to keep their grey matter ticking over during the heatwave/whilst sipping poolside pina coladas, we have prepared a Summer “Greatest Hits” playlist of our most popular episodes of 2019 so far. We hope you enjoy it, and wish all of our listeners a relaxing summer break.
1. Lord Sumption’s Reith Lectures and Responses (Episode 88, Episode 89)
A veritable powerhouse panel respond to Lord Sumption’s 2019 Reith lectures, as part of the Constitutional and Administrative Bar Association’s summer conference featuring Lord Dyson, Sir Stephen Laws, Professor Vernon Bogdanor, Professor Meg Russell, Lord Falconer and Chaired by Mrs Justice Thornton. This episode is followed by a conversation between Lord Sumption and Lord Justice Singh, responding to the panel. Enjoy!
2. Consent and Causation with Robert Kellar QC (Episode 70)
Emma-Louise Fenelon talks to Robert Kellar about consent and causation, discussing the development of the law since Chester v Afshar through to Khan v MNX.
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29 July 2019 by Emma-Louise Fenelon
Are there principles that trump democracy? This was one of a number of profound philosophical and legal questions addressed by former UK Supreme Court Justice Jonathan Sumption in his recent and controversial Reith Lectures, which addressed subjects such as law’s expanding empire, the challenges posed by human rights, and the advantage of an unwritten constitution. For a flavour of the resulting debate arising from these Reith Lectures, I highly recommend Helena Kennedy QC’s response in Prospect Magazine, available here.
The Constitutional and Administrative Law Bar Association (ALBA) recently hosted its annual summer law conference, and one of the many illustrious panels it hosted responded to these Reith Lectures.
We are enormously grateful to the Chair and Committee of ALBA, and to the participants, for enabling us to record these sessions, which are available on Law Pod UK below.
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