Law Pod UK


Law Pod UK is BACK!

24 September 2021 by

Law Pod UK returns after the summer break with Episode 149: a fascinating interview with Special Advocate Angus McCullough QC on Closed Material Proceedings where evidence is so secretive the SAs cannot communicate directly with their clients. Anyone interested in drilling further down into the subject please go to Angus’s two posts on UKHRB: “Secret Justice”: An Oxymoron and the Overdue Review” and “Secret Justice – The Insiders’ View”, with links to the evolution of CMPs, the relevant legislation, the review process now under way and the submissions that Special Advocates have made to Sir Duncan Ouseley, the independent reviewer of this process: The Ouseley Review – SAs-Submission.

And you will notice a few changes: different signature tune, different voiceover: our very own head of Chambers, Richard Booth QC. Also welcome to our new producer Philip Lakka, who’s done a great job taking over the task of delivering this podcast from Simon Jarvis of Whistledown.

We have a terrific line up of guests following Angus for the Autumn. 

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.

Latest Law Pod UK: Care orders and newborn babies

29 July 2021 by

In the second of their series of family law podcasts, Clare Ciborowska and Richard Ager of 1 Crown Office Row Brighton discuss the vexed area of care proceedings where it is considered necessary to take a baby away from its mother for the infant’s safety. The law on newborns is pretty thin and the social worker practice varies from area to area. Earlier this year the Public Law Working group published a series of recommendations for improvements in practice to make the whole procedure less traumatic for the mother. See Recommendations to achieve best practice in the child protection and family justice systems Final Report (March 2021) Whether these recommendations will be implemented remains to be seen.

The ability to make interim care orders under s.38 Children Act 1989 is one of the family court’s most significant powers. With newborn babies, prompt action is not only desirable, it’s essential. But not so easy to achieve in practice, as you will hear from our lively and comprehensive conversation.

This episode will be the last before we take our August break, but plans for Law Pod UK from September are already being hatched so remember to tune in!

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.

New Lawpod UK episode: Vicarious trauma in the legal profession

19 July 2021 by

The Covid pandemic has brought the mental health of those within the legal profession into sharp relief. For some people, the past 18 months will have been the first time they have discussed their mental health with clients, colleagues, and supervisors.

To celebrate reaching 500,000 listens on the podcast, I wanted to do something a little different. In this episode I speak to Rachel Francis and Joanna Fleck, two extraordinary women, about their new book: Vicarious Trauma in the Legal Profession: a practical guide to trauma, burnout and collective care, which comes highly recommended to anyone dealing with trauma in their work. 

Baroness Helena Kennedy QC has described the book as “a wake-up call about what is happening to law and access to justice – but it is also a clarion as to what is happening to lawyers.” 

The book is published by Legal Action Group and is available to buy here (from Lag) and here (from Waterstones). 

If you are interested in bulk buys of the book, please contact Esther Pilger at EPilger@lag.org.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.

5 Key Medical Law Updates on Law Pod UK

2 July 2021 by

In Episode 146 Emma-Louise Fenelon speaks to Richard Mumford and Rajkiran Barhey about recent developments in medical law. 

All of the cases discussed during this episode are covered in the most recent issue of the QMLR, available here. We highly recommend the new QMLR website to our listeners, who we hope will find the archive of previous articles and the search function (making it possible to search by keyword, category and author)  enormously helpful. 

The episode discusses:  

  1. Medical treatment paid for by credit card and Section 75 of the Consumer Credit Act 1974 

2. Hopkins v (1) Akramy (2) Badger Group (3) NHS Commissioning Board [2020] EWHC 3445 (QB) 

3. Polmear v Royal Cornwall Hospitals NHS Trust [2021] EWHC 2914 (QB) 

4. Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB) 

5. T (A Child Proceeding by His Litigation Friend M) v Imperial College Healthcare NHS Trust [2020] EWHC 1147 (QB) 

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.

Latest Law Pod UK episode: Bill Browder on the Magnitsky Act

2 June 2021 by

In Episode 145, Emma-Louise Fenelon speaks to Bill Browder, co-founder of Hermitage Capital, author of best-selling book Red Notice and justice activist. The episode focuses on Sergei Magnitsky, a lawyer who died in pre-trial detention in Russia after uncovering and exposing a tax fraud of $230m and Bill Browder’s campaign to bring those responsible to justice. The campaign culminated with the Magnitsky Act, which was passed by the United States Congress in 2012, and later became the Global Magnitsky Act. Similar legislation has been introduced by Canada, Lithuania, Estonia and the United Kingdom. 

The episode refers to:   

1. The judgment of the ECtHR, Magnistky and Others v Russia 27 August 2019

2. House of Commons briefing paper on Magnitsky legislation

3. Red Notice, available to buy here

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.

Law Pod UK new episode: Henry VIII Powers undermining parliamentary supremacy

4 May 2021 by

Episode 143 features Isabel McArdle and Sarabjit Singh QC of 1 Crown Office Row. Isabel practises in indirect tax, healthcare law, personal injury and public law. Sarabjit (“Sab”) specialises in tax, with a particular emphasis on all forms of indirect tax and the interface between tax and public law. They have both given seminars on the implications of Brexit for tax lawyers. In this episode, Rosalind English discusses with Sab and Isabel a number of laws containing Henry VIII powers, including the Childcare Act 2016, Section 8 of the European Union Withdrawal Act 2018, Section 31 of the EU Future Relationship Act 2020, the Coronavirus Act 2020 and Section 51 of the Taxation (Cross-Border Trade) Act 2018. Emma-Louise Fenelon did of course explore this subject in depth with the Public Law Project and Lord Anderson of Ipswich QC in Episode 129: Brexit and the Flaws of Delegated Legislation ; this episode takes this important subject further.

Henry VIII powers enable a minister to amend primary law by secondary legislation, effectively bypassing parliament. They also touch on the popularity of so-called “skeleton bills”. These bills are favoured by those in power because they have no policy in them so there’s nothing to scrutinise by both Houses of Parliament. And Henry VIII clauses are what feed these bills.

Following Brexit, everything from financial services, immigration from Europe, fisheries, agriculture – can all be achieved under Henry VIII in skeleton bills. The concern, from a constitutional perspective, is that there’s a lack of parliamentary scrutiny. They give huge power to ministers to amend and repeal Acts of Parliament.

We have to apologise for the building works sound effects in the background of this episode. We welcome our listeners to perceive them as an appropriate metaphor for the government hammering home their policies under these Henry VIII powers.

Vaccine hesitancy and the Court of Protection: who decides?

27 April 2021 by

Informed consent to medical treatment is at the heart of the vaccine debate. Consent is also at the centre of most of the cases that come before the Court of Protection. So now we have a very specific problem: what happens, if someone lacks capacity under the Mental Capacity Act, and their family for whatever reason objects to the Covid vaccine?

In the latest episode of Law Pod UK, Rosalind English talks to Amelia Walker of 1 Crown Office Row about three recent cases that came before the COP where the “protected person” (incapacitous under the Mental Capacity Act) was due to be vaccinated, but family members objected. Here are the citations to the cases discussed and the relevant statutes:

E (by her Accredited Legal Representative, Keith Clarke), Applicant v London Borough of Hammersmith and Fulham (Respondent) and W (2nd Respondent) [2021] EWCOP 7

SD (Applicant) v Royal Borough of Kensington and Chelsea (Respondent) [2021] EWCOP 14

NHS Tameside & Glossop CCG v CR (by his litigation friend CW) [2021] EWCOP 19

Mental Health Act

Mental Capacity Act 2005

For more posts about the Covid vaccine, see here.

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.

Latest Law Pod UK episode: 100 days since UK’s withdrawal from the EU – a review

19 April 2021 by

In her latest episode of 2903cb, Professor Catherine Barnard looks back on the past 100+ days since the UK withdrew from the EU. The dire forecasts of chaos at our borders have not been realised, and the doomsayers of Brexit have probably got it wrong. The Covid effect has obviously been dramatic. The economy is likely to bounce back post Covid, but we don’t know how the effects of Brexit will play out for the fishing industry, and other major areas of the UK economy. On the other hand the “vaccine wars” with the EU, and the relatively slow rollout of vaccinations in the bloc compared with Britain’s swift action in getting its population protected against Covid-19, have not reflected well on the EU.

Hear about this and many more issues relating to Brexit in Episode 141 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.

Law Pod New Episode: Harriet Wistrich on Criminal Justice for Women

12 April 2021 by

Following International Women’s Day and Women’s History Month, Emma-Louise Fenelon spoke to Harriet Wistrich, founder of the Centre for Women’s Justice about the many ways in which the UK criminal justice system is failing women.

In Episode 140 they discuss the report by the Centre for Women’s Justice, ‘Women Who Kill: How The State Criminalises Women We Might Otherwise Be Burying’.

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.

Mediation with Marina Wheeler QC on Law Pod UK

17 March 2021 by

In Episode 138 Emma-Louise Fenelon speaks to Marina Wheeler QC about the burgeoning field of mediation, and outlines a number of useful tips for practitioners from her own experience as a mediator.

As clinical negligence practitioners will know, in 2016 NHS Resolution became one of the first indemnifiers in the UK to establish a mediation panel with the focus of resolving clinical negligence and personal injury compensation claims. The episode refers to the report evaluating this work so far, available here

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.

Law Pod UK: AI and the Law

1 March 2021 by

In the latest episode of Law Pod UK Rosalind English talks to Matt Hervey, co-editor with Matthew Lavy of a new practitioner’s text book on Artificial Intelligence. Matt is Head of Artificial Intelligence at Gowling WLG., and advises on all aspects of AI and Intellectual Property, particularly in relation to the life sciences, automotive, aviation, financial and retail sectors. Our discussion ranges across many areas covered by the book, which was conceived a mere three years ago when the only laws we had to deal with machine learning were those to do with self-driving vehicles and automated decision making under the GDPR. This is a very important subject which is why Law Pod UK visits it again and again; Matt compares machine learning to the industrial revolution itself.

The ability to understand patterns in language and sudden unlocking ability of machines to understand language and see things has massive implications.

But there are much greater challenges, particularly on the topics of liability, foreseeability, and the general risks of AI,

a technology that is aiming to replicate or even transcend human abilities.

In the forthcoming months I will be speaking to Matt’s fellow contributors to the book on their specialist subjects, including negligence, liability for physical and economic harm, AI and professional liability, and more on AI and intellectual property, a fascinating subject which Matt touches on in this episode.

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.

Law Pod UK New Episode: “Historical” Crimes: Ireland’s unmarried mothers and their children

26 January 2021 by

In episode 135 of Law Pod UK, Emma-Louise Fenelon speaks to Máiréad Enright about Ireland’s recent Mother and Baby Homes Commission of Investigation Report which prompted an official State apology from the Taoiseach (Irish Prime Minister) Micheál Martin. 

Máiréad Enright is a Leverhulme Research Fellow and Reader in Feminist Legal Studies at Birmingham Law School. Her current work is on reproductive rights, activist legal consciousness and historical reproductive injustice. She tweets @maireadenright

See a blog post she authored on the Oxford Human Rights Hub on the Mother and Baby Homes Commission report here.

The episode also mentions:

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.

Law Pod UK latest episode: the significant cases of 2020

11 January 2021 by

Whilst many of us would prefer not to dwell on 2020, it was a year that produced many interesting decisions. In Episode 134, Michael Spencer and Jon Metzer talk to Emma-Louise Fenelon about the cases they consider to be 2020’s most significant landmarks.

This episode refers to:

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.

Law Pod UK latest episode: Catherine Barnard on Brexit

5 January 2021 by

On Wednesday 30 December, the UK parliament passed Boris Johnson’s trade and cooperation agreement with the European Union. Professor Catherine Barnard of Cambridge University is continuing her series 2903 CB. Everyone agrees this is a bit of a thin deal – as Catherine predicted – but is it a good deal?

As Catherine said, the negotiating team has delivered on sovereignty. There’s no reference in the text to the CJEU or EU law. On the other hand, there’s very little about services of any sort in the deal. This is because the UK was so keen not to be subject to the European Court of Justice, so it was not looking for concessions in this area.

The document is a daunting 1246 pages long – but the first four hundred odd are the meat of the deal, and in Episode 133 Professor Barnard delivers a succinct and truly helpful summary of what she calls a “Canada minus” free trade deal.

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.

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