Law Pod UK
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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23 July 2020 by Rosalind English
The recent ruling by the Supreme Court that the former leader of Sinn Féin had been unlawfully detained and convicted in the 1970s has elicited some severe criticism from high places, including former Supreme Court judge Jonathan Sumption. Matt Hill of 1 Crown Office Row discusses this case with Rosalind English in the latest episode of Law Pod UK. Matt has worked on a number of cases relating to the Troubles in Northern Ireland. He was involved as an in historian on the Bloody Sunday Inquiry, was junior counsel to the Inquiry on the recent Birmingham pub bombing inquests, and has written about the use of inquiries and inquests in dealing with the legacy of the Troubles. The discussion focusses on the so-called “Carltona” principle regarding the responsibility of ministers to consider each function of administration. Lord Sumption has said that the Supreme Court ruling in the Adams case has “left the law in an awful mess”.
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15 July 2020 by Rosalind English
After something of an hiatus occasioned by the Covid-19 pandemic, we are delighted to welcome Catherine Barnard back onto our podcast with her clear and informative account of the legal steps towards Brexit.
In the latest episode of her podcast 2903cb, Professor Barnard talks to journalist Boni Sones about the latest in the trade talks. What is happening with the timetables and deals to get the UK out of the EU by the end of this year? Tune in to Episode 120 of Law Pod UK to find out.
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6 July 2020 by Rosalind English
The spotlight during the pandemic has been on frontline workers in the medical profession. But if you think of it, the real hazards are to be found in the dentist’s surgery, where most interactions with patients involve an operation in the mouth, whether it be drilling, cleaning or extraction. Most of what a dentist or a dental hygienist does is what has become widely known as an AGP – “aerosol generating procedure”.
In the latest episode of Law Pod UK Rosalind English talks to the head of indemnity at the British Dental Association Len D’Cruz about the challenges facing the dental profession during lockdown and the even greater hurdles to be faced after dentists resumed practice on the 8th of June 2020.
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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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8 June 2020 by Rosalind English
In the latest episode of Law Pod UK, Rosalind English discusses the Agriculture Bill with Peter Stevenson, senior policy advisor to the campaign organisation Compassion in World Farming. We have chosen the rearing of food animals as our focus for this interview because of the circumstances in which the current pandemic is said to have arisen; the zoonotic event of an animal virus passing to humans in the pathogen-rich wet markets of China. Intensively farmed “wildlife” may sound an alien concept, if not something of an oxymoron, but the dangers of industrial farming of animals are becoming increasingly apparent in the West.
The main concern is that there are no provisions in the framework bill to protect UK food producers from being undercut by imported food from countries where standards of animal welfare and hygiene do not apply.
See Rafe Jenning’s post on the salient features of the Agriculture Bill 2020 for more details about its provisions for “public money for public goods”, Environmental Land Management Schemes that promote these goods such as improvements to soil health, pollinator density and biodiversity, all activities that the market does not sufficiently incentivise.
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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.
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26 May 2020 by Rosalind English
The new contact tracing app (NHSX) is due to be rolled out in the rest of the UK some time after the Isle of Wight trial in May. Is this a way out of lockdown or an irreversible erosion of our privacy? In the latest episode of Law Pod UK Rosalind English talks to Professor Lilian Edwards of Newcastle University, whose Coronavirus (Safeguards) Bill 2020 seeks to address some of these concerns, particularly potential issues of coercion and discrimination. See our previous post reporting on the Webinar “The Covid-19 App – does it threaten privacy rights” held by Professor Edwards and others on 13 May.
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22 May 2020 by Rosalind English
In the latest episode of Law Pod UK, Robert Spano, who recently commenced his tenure as President of the European Court of Human Rights in the difficult circumstances of lockdown and remote working, discusses with Rosalind English the challenges we face with automated decision making and governmental interference with our lives. The pandemic has sharpened this question, as the lifting of restrictions is made contingent on various automated projects such as the contact tracing app, which we will be considering in the next episode. Spano explains that rapid advances in AI will not just require new legal and regulatory responses. Artificial intelligence will also fundamentally alter the institutional capacities and legitimacy of courts as sources of governance. How will AI reshape our understandings and implementations of law? How will it reshape the internal workings of courts? Listen to Episode 112 to find out more.
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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
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1 May 2020 by Rosalind English
In the latest episode of Law Pod UK, Rosalind English talks to William Edis QC of 1 Crown Office Row about the recent Supreme Court ruling on whether damages can be claimed against the NHS in respect of a commercial surrogacy arrangement in California, following the admitted negligence of a hospital in the UK rendering the respondent unable to bear a child. See Bill’s post on that ruling here.
Commercial surrogacy agreements – that is where the surrogate makes a profit for bearing the commissioning mother’s child – are against the law in this country. But it is not illegal to travel, so those with the means to do so can go to another jurisdiction where such arrangements are common practice. An interesting legal conundrum arose where a woman sought damages for such an arranged surrogacy in the States where a UK hospital, by its own admitted negligence, had rendered her unable to have a child. Here are the relevant laws and cases referred to in the podcast episode:
Surrogacy Arrangements Act 1985
Human Fertilisation and Embryology Act 1990, section 27; Human Fertilisation and Embryology Act 2008, section 33
Briody v St Helens [2001]
XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832
Whittington Hospital NHS Trust (Appellant) v XX (Respondent) [2020] UKSC 14
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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’.
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20 April 2020 by Rosalind English
In this latest episode we consider the probable attitude of the judiciary to any challenges regarding the government’s responsibility for providing sufficient PPE, the risk imposed on individuals, such as prisoners and mental health patients in detention during lockdown, their obligations under Articles 2 and 5 of the European Convention on Human Rights, as well as Article 11. How are we as a society, and the government, going to regard the question of “judicial activism” in this unprecedented situation in a post-pandemic UK?
Here are the statutes, statutory instruments and cases referred to in the course of my interview with Dominic Ruck-Keene and Darragh Coffey:
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17 April 2020 by Rosalind English
The latest episode of Law Pod UK features energy expert Thomas Muinzer of Aberdeen University and David Hart QC of 1 Crown Office Row. They discuss the complex provisions of the Climate Change Act 2008, the extent to which the UK has reached its own goals for carbon emission reduction, and two recent challenges in the courts to projects involving GHG emissions:
R(on the application of Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214 and Christopher Packham CBE v Secretary of State for Transport and the Prime Minister [2020] EWHC 829 (Admin).
This is all the more topical, given the recent decision to go ahead HS2, despite the current lockdown.
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9 April 2020 by Rosalind English
The Supreme Court has recently handed down two judgments rejecting vicarious liability of employers for the wrong doing of of an employee on the one hand, and an independent contractor on the other. In Episode 106 of the Law Pod UK series Rosalind English discusses these judgments and three other important decisions on vicarious liability with Robert Kellar QC and Isabel McArdle, both of 1 Crown Office Row.
The two most recent judgments are:
WM Morrison Supermarkets plc (Appellant) v Various Claimants (Respondents) [2020] UKSC (see my post here)
Barclays Bank v. Various Claimants [2020] UKSC 13 (see Robert Kellar’s post here)
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