By: Jim Duffy


Law Pod UK latest – Emergency States: Trump’s war on everything

15 December 2025 by

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.

Law Pod UK Ep.209. Gender critical belief: A legal debrief

12 December 2024 by

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?

Law Pod UK is available on Spotify, Apple PodcastsAudioboomPlayer FMListenNotesPodbeaniHeartRadio PublicDeezer or wherever you listen to your podcasts.

Please remember to rate and review us if you like what you hear.

Law Pod UK Ep.202: The Coroner’s Court in 2024

15 July 2024 by

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.

Law Pod UK is available on Spotify, Apple PodcastsAudioboomPlayer FMListenNotesPodbeaniHeartRadio PublicDeezer or wherever you listen to your podcasts.

Please remember to rate and review us if you like what you hear.

Law Pod UK latest: Punching a window on the world of family law

25 April 2024 by

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.

Law Pod UK: The Bill of Rights Bill is Back

28 March 2023 by

In Episode 181 Jim Duffy discuss small boats and some big, constitutional changes on the horizon, with Prof Jim Murdoch, Shameem Ahmad and Angus McCullough KC

After being placed briefly on ice, the Bill of Rights Bill is now described by Justice Secretary Dominic Raab as ‘ready to go’.  The Bill would repeal and replace the Human Rights Act 1998 with what Angus McCullough KC describes as a “hotch-potch of measures” designed to secure a “conscious uncoupling” with the Strasbourg Court. 

Joining Angus and me on the latest episode of Law Pod UK are Shameem Ahmed – the new CEO of the Public Law Project – and Jim Murdoch, Professor of Public Law at the University of Glasgow and long-time Council of Europe expert on human rights law and practice. 

We examine the key features of the Bill, place it in a wider European and international legal context, and discuss the direction of travel for human rights law in the UK in the wake of the Illegal Migration Bill.

And finally! 

If you have feedback on Law Pod UK, please take a couple of minutes to fill in this very short, anonymous survey. Thank you in advance!  

https://www.surveymonkey.co.uk/r/LawPodUK

Qatar 2022: The beautiful game meets a repressive reality

20 November 2022 by

World Cup opening ceremonies can be head-scratching affairs. Chicago, 1994, is perhaps as helpful an example as any.  This was the setting for Diana Ross’s attempt to burst the net with a choreographed spot kick. She didn’t quite find the target – there ain’t no goal mouth wide enough – but it didn’t stop the mock woodwork from splitting theatrically into two halves as the goalkeeper dived redundantly to his right.


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Law Pod UK latest episode: Justice from the chaos of conflict

13 October 2022 by

Aonghus Kelly is the director of Irish Rule of Law International. In our latest episode Aonghus joined Jim Duffy just before he flew to Kyiv last week – before the shelling began – to talk about his organisation and the importance of the work of individual lawyers bringing their skills and expertise to war torn countries, to help the families of victims of war crimes and miscarriages of justice seek justice.

Aonghus talks about the challenges of traversing between common law and civil law cultures in order to help post-war societies set up their own legal systems so that their citizens can seek redress in the courts, both national and international.

He emphasises that other countries have their own cultures that need to be respected, and can only be helped effectively when organisations such as his liaise with local players. Aonghus is currently in Ukraine assisting his colleagues to build mechanisms which will ensure a future reckoning for the war crimes of today.

This war didn’t start in February, he says.

It started in 2014… The reality now is that the number of criminal acts is so enormous it is now presenting problems. And how could it not – in any war… even in the richest jurisdiction in the world.

Listen to more in Episode 170 of Law Pod UK.

Law Pod UK is available on Spotify, Apple PodcastsAudioboomPlayer FM,  ListenNotesPodbeaniHeartRadio PublicDeezer or wherever you listen to our podcasts. Please remember to rate and review us if you like what you hear.

Corona-vires: Has the Government exceeded its powers?

13 February 2020 by

This Government’s key message has been its ability get things done, whether it be Brexit, HS2 or stopping the spread of Coronavirus.

Indeed, if the new high speed trains move as swiftly as the Health Secretary did on Monday, then they might break the sound barrier: the Health Protection (Coronavirus) Regulations 2020 were enacted at 6.50am on Monday and laid before Parliament by 2.30 that afternoon.  Their preamble states that

the Secretary of State is of the opinion that, by reason of urgency, it is necessary to make this instrument without a draft having been laid before, and approved by a resolution of, each House of Parliament.

One can appreciate the desire to bypass the cumbersome mechanics of Parliament to save the country from a potentially deadly virus. But in the fullness of time, the resulting Regulations might well be held up as an excellent advertisement for Parliamentary scrutiny.


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No-deal Brexit and the right to life

5 September 2019 by

One intervention that did not quite make it onto this week’s packed Parliamentary highlights reel came from Emily Thornberry MP.

The Shadow Foreign Secretary suggested that deaths caused by a lack of basic medicines following a No-deal Brexit would entitle coroners to reach a finding of ‘neglect’ in future inquests.  She added that it was her understanding the government had received legal advice to that effect.

Her remarks follow the leak two weeks ago of government documents prepared as part of ‘Operation Yellowhammer’. These reportedly predicted severe, extended delays to the supply of medicines in the event of a No-deal departure.

Neglect

Depending on the content of the warnings about medicines, Ms Thornberry may be right.  An argument that a deceased’s death has been caused or contributed to by neglect is usually levelled against a local police force that fails to provide basic medical attention to a detainee in need, or a hospital that does not act to counter a life-threatening illness in a patient. It is not commonly deployed against central government on the basis of a decision said to have denied basic medical attention to whole sections of the population.


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UK Human Rights Blog seeks Scots, NI law and ECtHR contributors

10 July 2019 by

The UK Human Rights Blog – edited by barristers at 1 Crown Office Row – is seeking recent law graduates to contribute regular articles on human rights cases handed down by the courts in Scotland, Northern Ireland and Strasbourg.

We are looking for about five contributors in total to assist us for a period of up to a year, with each contributor focusing on a particular jurisdiction.   Contributors would be expected to produce about five to ten blog posts over the course of the year.

If you are interested, please email Jim Duffy (jim.duffy@1cor.com) with a copy of your CV and an article relating to a recent human rights case handed down in one of the above jurisdictions (word limit: 1,000 words).

Please note that contributors should hold a law degree or graduate diploma in law as of this summer, and that the Scottish/NI contributors will be law graduates from universities in those countries.

The closing date is 31 July 2019.

We look forward to hearing from you!

The UK Human Rights Blog team

Vicarious liability: Banking on bright lines

24 July 2018 by

the-royal-courts-of-justice-1648944_1280A bank requires its would-be recruits and some of its existing employees to undergo a medical. It sends them to the home of one particular, self-employed doctor. There, they undergo a medical examination, unaccompanied by anyone from the bank.

 

The doctor completes the bank’s proforma examination form, headed with its logo and entitled “Barclays Confidential Medical Report”. The form is detailed. It includes sections on chest “Inspiration” and “Expiration”, “Abdomen (including Genito-Urinary System)”. It contains a section for “Female applicants only”, asking whether they have suffered from menstrual or pregnancy disorders.

The doctor – Gordon Bates – subsequently dies. A large group of women sue the bank alleging that it is liable for sexual assaults carried out by the doctor during the examinations. The question for the Court of Appeal in Barclays Bank plc v Various Claimants [2018] EWCA Civ 1670 was whether the bank could be vicariously liable.

Background

Following Dr Bates’ death in 2009, 126 women came forward alleging that he had abused them during medical examinations carried out on behalf of Barclays between around 1968 and 1984. The police concluded in 2013 that, had he been alive, there would have been sufficient evidence to pursue a criminal prosecution against him.

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Contaminated blood: statutory inquiry announced

7 November 2017 by

Adam Wagner acted for victims of the Blood Contamination scandal in a proposed Judicial Review of the refusal to hold an inquiry. He is not the author of this post

Amid the blizzard of news stories circling Westminster on Friday, it would have been easy to miss an announcement of considerable significance to victims of the contaminated blood scandal and their families.

In a written statement to Parliament, Damian Green confirmed that the inquiry into the scandal – announced by the Prime Minister in July – will take the form of a UK-wide, statutory inquiry.

Not only that, it will no longer be set up by the Department of Health (DoH), but by the Cabinet Office. Campaigners for the victims and their families had boycotted talks with Downing Street, arguing that the DoH would have a conflict of interest, due to the need for the inquiry to investigate the actions of health officials.

However, there was yet more disappointment and frustration over the continued failure to appoint an inquiry chair or to announce terms of reference.
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Defying convention: Supreme Court puts Sewel on the sidelines

26 January 2017 by

unknownIn the new age of alternative facts, even Sean Spicer might struggle to spin Tuesday’s Supreme Court judgment as anything other than a comprehensive defeat for the government.

Yet, as my colleague Dominic Ruck Keene’s post alluded to, the ultimate political ramifications of Miller would have made the Article 50 process appreciably more turgid had the Justices accepted the various arguments relating to devolution.

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Unelected judges decline to prevent deportation of foreign criminal

16 November 2016 by

unknownAmid a level of scrutiny unprecedented in the Supreme Court’s seven-year history, that is a headline unlikely to make it into tomorrow’s tabloids.

Nevertheless, as Lord Wilson explains in Hesham Ali (Iraq) v Secretary of State for the Home Department [2016] UKSC 60:

Today is an important day in the life of our court. For it is the first occasion upon which either we or our predecessors in the House of Lords have had occasion to address the interface between the power of the Secretary of State to deport a foreign criminal and the latter’s ability to resist deportation by reference to his right for respect for his family life under article 8 of the ECHR.

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Welcome to the UKHRB

This blog is run by 1 Crown Office Row barristers' chambers. Subscribe for free updates here. The blog's editorial team is:

Commissioning Editor:
Jasper Gold

Assistant Editor:
Allyna Ng

Editors:
Rosalind English
Angus McCullough KC
David Hart KC
Martin Downs

Jim Duffy
Jonathan Metzer

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A2P1 Aarhus Abortion Abu Qatada Abuse Access to justice administrative court adoption ALBA Allison Bailey Al Qaeda animal rights anonymity appeal Appeals Arrest Article 1 Article 1 Protocol 1 Article 2 article 3 article 3 protocol 1 Article 4 article 5 Article 6 Article 7 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos Assisted Dying assisted suicide assumption of responsibility asylum Attorney General Australia autism benefits Best Interest Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Business care orders Caster Semenya Catholicism Chagos Islanders charities Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Closed Material Proceedings Closed proceedings Coercion common law confidentiality consent conservation constitution contempt contempt of court Control orders Copyright coronavirus Coroners costs court of appeal Court of Arbitration for Sport Court of Protection covid crime Criminal Law Cybersecurity Damages Dartmoor data protection death penalty defamation deportation deprivation of liberty Detention diplomatic immunity disability discipline disclosure Discrimination disease divorce DNA domestic violence DPA DSD Regulations duty of candour duty of care ECHR ECtHR Education election Employment Employment Law Employment Tribunal enforcement Environment environmental rights Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice euthanasia evidence extradition extraordinary rendition Extraterritoriality Fair Trials Family family law Fertility FGM Finance findings of fact football foreign criminals foreign office Foster France freedom of assembly Freedom of Expression freedom of information freedom of speech Free Speech Gambling Gay marriage Gaza gender Gender Recognition Act genetics Germany gmc Google government Grenfell Hate Speech Health healthcare high court HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration immunity India Indonesia information injunction injunctions inquest Inquests international law internet interview Inuit Iran Iraq Ireland Islam Israel Italy IVF Jalla v Shell Japan Japanese Knotweed Journalism Judaism judicial review jury jury trial JUSTICE Justice and Security Bill Land Reform Law Pod UK legal aid legal ethics legality Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage Maya Forstater mental capacity Mental Health mental health act military Ministry of Justice Mirror Principle modern slavery monitoring murder music Muslim nationality national security NHS Northern Ireland NRPF nuclear challenges nuisance Obituary open justice Osman v UK ouster clauses PACE parental rights Parliament parliamentary expenses scandal Parole patents Pensions Personal Data Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Private Property Procedural Fairness procedural safeguards Professional Discipline Property proportionality Protection of Freedoms Bill Protest Protocols Public/Private public access public authorities public inquiries public law reasons regulatory Regulatory Proceedings rehabilitation Reith Lectures Religion Religious Freedom RightsInfo Right to assembly right to die Right to Education right to family life Right to life Right to Privacy Right to Roam right to swim riots Roma Romania Round Up Royals Russia S.31(2A) sanctions Saudi Arabia school Schools Scotland secrecy secret justice Section 55 separation of powers Sex sexual offence sexual orientation Sikhism Smoking social media Social Work South Africa Spain special advocates Sports Sports Law Standing statelessness Statutory Interpretation stop and search Strasbourg Strategic litigation suicide Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture Transgender travel travellers treaty tribunals TTIP Turkey UK UK Constitutional Law Blog Ukraine UK Supreme Court Ullah unduly harsh united nations unlawful detention USA US Supreme Court vicarious liability voting Wales war War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks Wild Camping wind farms WINDRUSH WomenInLaw World Athletics YearInReview Zimbabwe