Law Pod UK


Law Pod UK Latest Episode: Wendy Joseph QC

8 June 2022 by

“Every day in the UK lives are suddenly, brutally, wickedly taken away. Victims are shot or stabbed. Less often they are strangled or suffocated or beaten to death. Rarely they are poisoned, pushed off high buildings, drowned or set alight. Then there are the many who are killed by dangerous drivers, or corporate gross negligence. There are a lot of ways you can kill someone. I know because I’ve seen some of them at close quarters”

These are the words of Her Honour Wendy Joseph QC in the preface to her book Unlawful Killings: Life, Love and Murder: Trials at the Old Bailey”. Until recently Wendy was a judge at the Old Bailey, trying mainly allegations of murder and other homicides. She practised as a barrister for thirty two years, then sat as a full-time judge until she retired earlier this year. Because she no longer sits as a judge she was able to publish this fascinating book which has been described in reviews as describes the book as a “novel”. And indeed it is, a series of interlinked dramatic human stories leading to a close. She writes with great clarity about the technical processes of the law, and the implications of these for the people before her in Court.

In Episode 166 Rosalind English talks to Wendy Joseph about the human stories that are played out in the Old Bailey.

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: A Duty To Offer Alternatives? With John Whitting QC 

6 June 2022 by

In Episode 165 John Whitting QC speaks to Emma-Louise Fenelon about informed consent.  

The episode discusses the following cases:  

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: Belfast special report. Elections, the Northern Ireland Protocol and non-diminution of EU rights

9 May 2022 by

Voting for the Northern Ireland Assembly took place on Thursday 5 May. This year, for the first time, Sinn Fein looks set to win a majority of the seats. Whether the Democratic Unionist Party agrees to the power sharing arrangement where it is relegated to second place remains to be seen. What continues to be hotly debated is the Northern Ireland Protocol, put in place to avoid a “hard border” between Northern Ireland and Ireland which of course is still part of the EU single market.

But the Protocol isn’t only about trade. Under Article 2 the UK government has made an important commitment regarding the rights of Northern Ireland’s citizens to equality, non-discrimination, transparency and a range of other rights protected under European Union law. Article of the 2 Protocol is a very new provision, applying the acquis communitaire of the CJEU to Northern Ireland, even though NI is part of post Brexit EU.

In our latest episode Rosalind English meets UKHRB Northern Ireland correspondent Anurag Deb in Belfast two days after the elections to discuss what this EU rights provision means for the citizens of Northern Ireland.


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Reproductive Coercion and Control: allegations of abuse in child contact cases

7 April 2022 by

In Episode 162 Clare Ciborowska and Richard Ager, both family law experts from the Brighton Annexe of 1 Crown Row, talk about the difficult subject of reproductive coercion where such allegations arise in child contact cases. Fact finding hearings, Scott schedules, safeguarding enquiries and risk assessments are proceedings about children’s interests: how is the court to assess and weigh allegations of reproductive coercion and control, where the victims of such abuse are reluctant to repeat the trauma by reliving the details.

Cases referred to:

 Griffiths v Tickle [2021] EWCA Civ 1882

Re H.N. and Re H.E. [2021] EWCA Civ 448 

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.

The European Response to Conflict in Ukraine: a Legal Analysis. Summarised on Law Pod UK

17 March 2022 by

Episode 161: Just days before Russia resigned from the Council of Europe, the Centre of European Law at King’s College London held a rapid reaction seminar considering what role can EU law play in the current conflict in Ukraine. The distinguished panel, chaired by King’s College Reader in Law Oana Stefan, included Professor Takis Tridimas, Professor of European Law at KCL, Roman Petrov, Head of the International and European Law Department at the National University of Kyiv-Mohyla, and others. We are very grateful to King’s College for allowing Law Pod UK to summarise the main points made by the experts and raise the question: does EU law present any potential way of this quagmire?

The Dickson Poon School of Law, King’s College London, is recognised as one of the best law schools in the world. It recently launched its MSc Law and Professional Practice.

Law Pod UK new episode: Can we drain Putin’s swamp in Londongrad?

10 March 2022 by

Barely two weeks after Russian tanks rolled into Ukraine, the Economic Crime Bill was rushed through the House of Commons. This one of the measures this country has taken to cleanse itself of “dirty money” from Russia and other countries by setting up a register of overseas entities and their beneficial owners and requiring overseas entities who own land to disclose their identities. In Episode 160 Rosalind English talks to Oliver Bullough, a journalist who has lived and worked throughout the former Soviet Union. His latest book, Butler to the World, makes a forceful point about how Britain has become a servant to all comers as long as they pay enough. Not just the banks and estate agents; lawyers are complicit too, in his view:

We have essentially given their oligarchs a back door to a fair dispute resolution process that they can deprive their fellow citizens of

Will these new legislative measures work? Only if our enforcement agencies are properly resourced, says Bullough. Just four “unexplained wealth orders” have been made since they were introduced by the Teresa May government in 2018. Perhaps it takes a crisis like the current one to give this legislation some force.

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

21 February 2022 by

“A Decent Death” is the title of an article written by former Court of Appeal judge Stephen Sedley, and published in the London Review of Books, to which Sir Sedley is a frequent contributor.

In Episode 158 of Law Pod UK, Rosalind English considers the points made by Sir Stephen in his erudite and forthright column with Trevor Moore, Chair of the assisted dying campaign My Death, My Decision.

With clips from Sir Stephen’s presentation of his talk, we consider the contradictions in the law which still renders assisted dying a criminal offence, but allowed Coronavirus restrictions to be lifted to enable people to travel to end their lives at Dignitas in Switzerland; the stressful possibility faced by relatives returning from Switzerland that they are at risk of being prosecuted under the 1961 Suicide Act, and the constant buck-passing of reforms to this Act between the courts and Parliament.

As Sir Stephen commented in his talk, the “historical anathema”, of punishing either unsuccessful suicides or their families, lives on in the undifferentiated crime of assisting a person to commit suicide.

The present-day offence fails – signally – to differentiate between the intervener who, out of self-interest or perversion, helps to ensure that a suicide attempt succeeds, and the individual who, out of compassion, gives a rational fellow being the help he or she needs to end a life that has become medically unbearable.

For those of you who have listened to this episode, here is another reflection from Sir Stepen, on the obligation on family members returning from Switzerland, to protect themselves from prosecution under the Suicide Act by reporting themselves to the police.

On self-incrimination, I think there’s possibly more to be said. The senior police officer or crown prosecutor whose desk the case reaches may be personally (even doctrinally) hostile and decide – armed now with a full ‘confession’ given in the hope of clemency under the DPP’s policy – to prosecute. In that event there is no defence of compassion; the jury may have to convict. I find this a terrifying scenario.

Stephen Sedley

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: the most significant cases of 2021

8 February 2022 by

In the latest episode of Law Pod UK – number 157 – Emma-Louise Fenelon speaks to Jon Metzer about some of the most significant cases of last year. This episode covers:  

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.

Best of Law Pod UK 2021

13 January 2022 by

In our latest episode I and co-presenter Emma-Louise Fenelon have selected and put together some of our favourite snippets from the past year. This episode ranges from Artificial Intelligence, the government’s abandon with Henry VIII powers, to vicarious trauma in lawyers dealing with traumatic casework and the Henrietta Lacks claim against a pharmaceutical company for profiting from her cell lines in 1951.

This selection is by no means comprehensive and we’ve had to leave many deserving episodes out in the interests of brevity. For those wanting to keep abreast of their CPD requirements or just after a good informative listen, go back to some of our episodes on Medical and Inquest Law, Loss of Chance in clinical negligence, and “Historical” Crimes: Ireland’s unmarried mothers and their children.

We have been building on our impressive audience figures around the world, with listeners in over twenty countries including the United States, New Zealand, Spain, Saudi Arabia and Taiwan. In the summer of 2021 we passed the half a million listeners mark.

As we settle into the new year we have plenty of interesting names and topics in the pipeline for you. Law Pod UK is one of the longest running legal podcasts from barristers’ chambers in the UK and we have commanded sufficient authority and respect to gain access to big names, such as the founder of the Magnitsky Act, Bill Browder, and former chief prosecutor for England and Wales Nazir Afzal OBE.

Happy New Year, and stay tuned!

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: Interview with Nazir Afzal OBE

30 December 2021 by

In Episode 155 Emma-Louise Fenelon speaks to Nazir Afzal OBE about his book The Prosecutor. 

His book can be bought here

Nazir’s podcast is available here 

You can read more about his career 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.

Tackling climate change: human rights campaigners or shareholders? Law Pod UK latest

15 December 2021 by

In this week’s episode of Law Pod UK Rosalind English reports from the UK Bar Council’s 19th Annual Law Reform Lecture, exploring the role of law reform in the context of climate change. You will hear excerpts from the speeches given by Inger Andersen, Under-Secretary-General of the UN and Executive Director of the UN Environment Programme, and Lord Carnwath of Notting Hill, a former UK Supreme Court judge.

The Paris Agreement of 2015 (United Nations)

References made in Lord Carnwath’s address are to the following cases:

Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007)

State of the Netherlands v. Urgenda Foundation (Dutch: De Staat Der Nederlanden v. Stichting Urgenda), Supreme Court of the Netherlands, 20 December 2019 (unofficial translation here)

Juliana, et al. v. United States of America, et al.,  947 F.3d 1159 (9th Cir. 2020)

Future Generations vs. Ministry of Environment and Others, Supreme Court of Coloumbia, 5 April 2018

Milieudefensie et al. v. Royal Dutch Shell plc (26 May 20212. This ongoing claim is based on the Urgenda decision, which found that the Dutch government’s inadequate action on climate change violated a duty of care to its citizens).

Full written speeches are available on the Bar Council’s website.

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.

Loss of Chance with Sarah Lambert QC and Dominic Ruck Keene

29 November 2021 by

In Episode 153, Emma-Louise Fenelon speaks to Sarah Lambert QC and Dominic Ruck Keene about loss of chance in personal injury and clinical negligence cases. The episode discusses the following cases:  

  • Chester v Afshar [2004] UKHL 41.  
  • Gregg v Scott [2005] UKHL 2  
  • Hotson v East Berkshire Area Health Authority [1987] AC 750 
  • Wilsher v Essex Area Health Authority [1988] AC 1074.  
  • Fairchild v Glenhaven Funeral Services Ltd [2003] 1 AC 32.  
  • Wright v Cambridge Medical Group [2013] Q.B. 312.  
  • Mallett v McMonagle [1970] AC 166.  
  • McGill v Sports and Entertainment Media Group and others [2016] EWCA Civ 1063.  Perry v Raleys 2019 UKSC.  
  • Davies v Taylor 1974 AC 207.  
  • Turnbull v Waugh (CA, unreported 6 May 1999) 
  • XYZ v Portsmouth Hospitals NHS Trust [2011] EWHC 243 QB 
  • Langford v Hebran [2001] P.I.Q.R. Q13 
  • Clarke v Maltby [2010] EWHC 1201  
  • Collet v Smith [2009] EWCA Civ 583 

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.

Regulating the Professionals: a Shakeup in Healthcare

3 November 2021 by

In the latest Episode of Law Pod UK Rosalind English talks to Robert Kellar QC of 1 Crown Office row about the proposed reforms to the regulation of doctors, nurses, opticians, chiropractors and a range of other professionals in the world of healthcare. It’s particularly important to allow regulators to react to unexpected challenges, as we’ve found since the recent Covid-19 emergency.

As Robert explains, the proposals directed at overhauling the system of professional healthcare regulation aim to introduce greater consistency across the regulatory bodies (we have an impressive nine organisations at the moment). Whether this and other proposals to increase the autonomy of these bodies will increase public safety whilst still respecting practitioners’ rights remains to be seen.

Here are the links to the Government White Paper and the Consultation Paper discussed in Episode 151:

Integration and innovation: working together to improve heath and social care for all (published 11 February 2021)

Regulating healthcare professionals, protecting the public (published 24 March 2021)

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: Can AI receive patent protection?

15 October 2021 by

In Episode 150 Rosalind English talks to Professor Ryan Abbott about the recent ruling in the Court of Appeal on whether an invention made by Artificial Intelligence without a traditional human inventor is entitled to a patent. The Court (with one of the judges dissenting) said no.

And in the matter of patent applications GB 1816909.4 and GB 1818161.0 in the name of Dr Stephen Thaler [2020] EWHC 2412 (Pat) and see my post on this case.

Ryan Abbott is the author of The Reasonable Robot: Artificial Intelligence and the Law published last year and he has published widely on issues associated with law and technology, health law, and intellectual property in leading legal, medical, and scientific books and journals. He is also a licensed physician, attorney, and acupuncturist in the United States, as well as a solicitor advocate in England and Wales.

He is also architect of this important test case. We discuss the obstacles faced by the inventor of an AI set out in the Patents Act 1977 and speculate whether there needs to be a root and branch review of patent eligibility, given that so many inventions are produced by AI across the world.

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 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 at lawpodcasts.co.uk, 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.

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Aarhus Abortion Abu Qatada Abuse Access to justice adoption ALBA Allison Bailey Al Qaeda animal rights anonymity Article 1 Protocol 1 Article 2 article 3 Article 4 article 5 Article 6 Article 8 Article 9 article 10 Article 11 article 13 Article 14 Artificial Intelligence Asbestos assisted suicide asylum Australia autism benefits Bill of Rights biotechnology blogging Bloody Sunday brexit Bribery Catholicism Chagos Islanders Children children's rights China christianity citizenship civil liberties campaigners climate change clinical negligence Coercion common law confidentiality consent conservation constitution contempt of court Control orders Copyright coronavirus Coroners costs Court of Protection crime Cybersecurity Damages data protection death penalty defamation deportation deprivation of liberty Detention diplomatic immunity disability disclosure Discrimination disease divorce DNA domestic violence duty of care ECHR ECtHR Education election Employment Employment Law Employment Tribunal Environment Equality Act Ethiopia EU EU Charter of Fundamental Rights EU costs EU law European Court of Justice evidence extradition extraordinary rendition Family Fertility FGM Finance football foreign criminals foreign office France freedom of assembly Freedom of Expression freedom of information freedom of speech Gay marriage Gaza gender genetics Germany Google Grenfell Health high court HIV home office Housing HRLA human rights Human Rights Act human rights news Huntington's Disease immigration India Indonesia injunction Inquests international law internet Inuit Iran Iraq Ireland Islam Israel Italy IVF Japan Judaism judicial review jury trial JUSTICE Justice and Security Bill Law Pod UK legal aid Leveson Inquiry LGBTQ Rights liability Libel Liberty Libya Lithuania local authorities marriage Maya Forstater mental capacity Mental Health military Ministry of Justice modern slavery music Muslim nationality national security NHS Northern Ireland nuclear challenges Obituary ouster clauses parental rights parliamentary expenses scandal patents Pensions Personal Injury Piracy Plagiarism planning Poland Police Politics pollution press Prisoners Prisons privacy Professional Discipline Property proportionality Protection of Freedoms Bill Protest Public/Private public access public authorities public inquiries rehabilitation Reith Lectures Religion RightsInfo right to die right to family life Right to Privacy right to swim riots Roma Romania Round Up Royals Russia Saudi Arabia Scotland secrecy secret justice sexual offence sexual orientation Sikhism Smoking social media South Africa Spain special advocates Sports Standing statelessness stop and search Strasbourg Supreme Court Supreme Court of Canada surrogacy surveillance Syria Tax technology Terrorism tort Torture travel treaty TTIP Turkey UK Ukraine UK Supreme Court unduly harsh USA US Supreme Court vicarious liability Wales War Crimes Wars Welfare Western Sahara Whistleblowing Wikileaks wind farms WomenInLaw YearInReview Zimbabwe
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