Law Pod UK


Law Pod UK Episode 79: Causation in Inquests with Christopher Mellor

20 May 2019 by

In Episode 79 Emma-Louise Fenelon talks to Christopher Mellor about causation in inquests, and the findings of the Divisional Court in R (Chidlow) v HM Senior Coroner for Blackpool and Fylde [2019] EWHC 581 (Admin).

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This episode was recorded shortly before the Court of Appeal decision was handed down in R (Maughan) v HM S Coroner for Oxfordshire [2019] EWCA Civ 809, upholding the civil standard of proof in relation to findings of suicide in inquests.

Dominic Ruck Keene has previously written about Maughan at first instance here and the Court of Appeal decision here.

Jeremy Hyam QC previously covered Maughan on the podcast in Episode 58 here.

The podcast also refers to the following cases (links to WestLaw):

R (Lewis) v HM Coroner for the Mid and North Division of Shropshire [2009] EWCA Civ 1403;

R (Tainton) v R. (on the application of Tainton) v HM Senior Coroner for Preston and West Lancashire [2016] EWHC 1396 (Admin)

R (Khan) v R. (on the application of Khan) v HM Coroner for West Hertfordshire [2002] EWHC 302 (Admin)

R v Sellu [2016] EWCA Crim 1716 CA

Law Pod UK is available on SpotifyiTunes,AudioboomPodbean or wherever you listen to our podcasts. Please remember to rate and review us if you like what you hear.  

Law Pod UK – the new copyright directive

13 May 2019 by

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In Episode 78 we explore the implications of the EU Directive on Copyright in the Digital Single Market for the music industry. Intellectual Property lawyer Andrew Lewis considers the criticism levelled at the new proposals for closing the “value gap” created by platforms such as You Tube. Will the Directive bring about the earth shattering change as its detractors claim, or will it simply level the playing field between You Tube and subscription only streaming services?

Law Pod UK is available on SpotifyiTunes,AudioboomPodbean or wherever you listen to our podcasts. Please remember to rate and review us if you like what you hear.  

Law Pod UK: Anonymity for claimants, Anonymity for doctors

1 May 2019 by

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In Episode 77, Emma-Louise Fenelon talks to Rajkiran Barhey about two recent decisions on anonymity, Justyna Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB)and General Medical Council v X [2019] EWHC 493 (Admin) (Westlaw paywall).

Rajkiran’s article on Zeromska-Smith can be found here.

The episode also refers to ABC v St George’s Healthcare Trust [2015] EWHC 1394 (QB),covered on the Blog here and here and the case of JXMX (A Child) v Dartford and Gravesham NHS Trust  [2015] EWCA Civ 96, covered on the Blog here.

Angus McCullough QC considered anonymity in a recent Blog article here.

You can catch the episode by clicking here.

Law Pod UK is available on SpotifyiTunes, AudioboomPodbean or wherever you listen to our podcasts. Please remember to rate and review us if you like what you hear.  

What is an “EU Citizen”?

24 April 2019 by

In the 1980s the European Commission embarked upon an ambitious scheme to cultivate, on the basis of free movement, the idea of EU citizenship in higher education. Universities have long been seen as places of national citizenship formation. The Erasmus scheme was designed to further the notion of citizenship untethered to the nation state by funding and therefore encouraging student mobility.

Has it worked? Dr Cherry James, coordinator of the Erasmus Programme at London South Bank University, discusses her views with Rosalind English in Episode 76 of Law Pod UK. Cherry has recently published her findings in Citizenship, Nation-building and Identity in the EU: The Contribution of Erasmus Student Mobility  . This book sits at the intersection of three main interrelated themes: EU citizenship, the current state of the university in Europe, and student mobility.

Law Pod UK is available on AudioboomiTunesSpotifyPodbean or wherever you listen to our podcasts. Please remember to rate and review us if you like what you hear.  

Law Pod Ep: 75: The Prevent Guidance in Universities

1 April 2019 by

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In Episode 75, Emma-Louise Fenelon talks to Marina Wheeler QC about the recent Court of Appeal decision in Butt v Secretary of State for the Home Department and the operation of the Prevent Guidance generally. 

Listeners can listen to Marina’s August 2017 episode here and find her blog post ​here.

The podcast refers to the following cases: 

– Butt v SSHD [2019] EWCA Civ 256

– Butt v SSHD [2017] EWHC 1930 (Admin)

Oliver Sanders QC and Amelia Walker acted for the SSHD in the above case.

Law Pod UK is available on AudioboomiTunesSpotifyPodbean or wherever you listen to our podcasts. Please remember to rate and review us if you like what you hear.  

Strikes, abuse, contempt: a day in the life of a Labour Court Judge in South Africa

25 March 2019 by

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We have had the rare opportunity to interview a high court judge in South Africa. Mr Justice Steenkamp is a member of the specialist branch of the high court bench which reviews employment decisions from the lower courts on their way to the appeal courts and ultimately the Constitutional Court. In a country where people are plentiful and employment is scarce, strike action, even protests protected under the Constitution, is fraught with difficulty, particularly where violence abounds and the police force is inactive or overwhelmed. Rosalind English speaks to Labour Court Judge Steenkamp in his chambers at the Labour Court in downtown Cape Town. Citations for the cases referred to in the interview are set out below, along with the relevant legislation.

Robertson Winery v CSAAWU 18 Nov 2016

Dagane v SSSBC 16 March 2018

The Labour Relations Act (LRA), Act 66 of 1995

The view from Fleet Street: Law Pod latest episode

11 March 2019 by

Frances Gibb recently retired from nearly forty years spent as law correspondent, editor and columnist at The Times. In Episode 72 she tells Rosalind English about some of the more bracing encounters with government lawyers and judges in the past, and reflects on the many changes that have taken place in the media and legal institutions since she took over from Marcel Berlins in the 1980s.

Law Pod UK is available on AudioboomiTunesSpotifyPodbean 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: Are our legal tools fit for AI?

4 March 2019 by

In Episode 71 author and barrister Jacob Turner talks to Rosalind English about a world in which algorithms handle all the transactions. His book Robot Rules explains why AI is a unique legal phenomenon, and how we might address the legal and ethical problems it could cause. He argues that AI is unlike any other previous technology, capable of legal agency and holding legal personality. His book goes deep into the questions of liability for the actions and decisions of advanced algorithmic intelligence. As one review comments, Robot Rules incorporates “clear explanations of complex topics”, and will appeal “to a multi-disciplinary audience, from those with an interest in law, politics and philosophy, to computer programming, engineering and neuroscience.”

Law Pod UK is available on AudioboomiTunesSpotifyPodbean or wherever you listen to our podcasts. Please remember to rate and review us if you like what you hear.  

Law Pod UK Latest

25 February 2019 by

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In 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. 

Listeners can find recent interviews on informed consent with James Badenoch QC here and John Whitting QC here.

The podcast refers to the following cases: 

–      Montgomery v Lanarkshire Health Board [2015] UKSC 11

–      Chester v Afshar [2004] UKHL 41

–      Meiklejohn v. St. George’s Healthcare NHS Trust [2014] EWCA Civ 120

–       Shaw v. Kovac [2017] EWCA Civ 1028

–       Duce v Worcestershire Acute Hospitals NHS Trust [2018] EWCA Civ 1307

–      Khan v. MNX [2018] EWCA Civ 2609

–      Hughes-Holland v. BPE Solicitors and Another [2017] UKSC 21

–      South Australian Asset Management Corporation v. York Montague Limited (“SAAMCO”) [1997] 1 AC 19​


Law Pod UK is available on AudioboomiTunesSpotifyPodbean 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

18 February 2019 by

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From the popular four part episodes out of 1 Crown Office Row’s seminar ‘Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings’, we bring you Episode 67 with Matthew Barnes, who asks the question in his talk about remediation – Can you teach an old dog new tricks?


Law Pod UK is available, ad-free on AudioboomiTunesSpotifyPodbean or wherever you listen to your podcasts. Please remember to rate and review us if you like what you hear.  

New Law Pod UK Episode: Informed Consent

4 February 2019 by

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Following our popular interview with James Badenoch QC on the “doctor knows best” rule of evidence in medical negligence cases, we bring you John Whitting QC, healthcare law specialist at 1 Crown Office Row (@JohnWhittingQC). In Episode 64 of Law Pod UK, John talks to Rosalind English about the realities of clinical encounters and considers to what extent patients are willing, or in some circumstances even able – to take on board multiple options for their treatment.


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Latest Law Pod UK with Guy Mansfield QC

21 January 2019 by

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The latest episode of Law Pod UK features Guy Mansfield QC, who acted for the government in the Mau Mau action against the UK Foreign and Commonwealth Office. In this group litigation over 40,000 Kenyans alleged abuse during the Kenyan Emergency of the 1950s and early 1960s. The various test cases led to a High Court judgments last year dismissing the claims for being out of time under the Limitation Act 1980. See Jo Moore’s post for the case citations referred to in the podcast, and also the more recent decision in Kimathi & Others [November 2018]

Other limitation cases referred to in the podcast are KR v Bryn Alyn [2003] A v Hoare [2008]  and Jones & Ors v DECC [2012].

Law Pod UK is available for free on Audioboom, iTunes, Spotify, PodBean or wherever you listen to your podcasts.



Law Pod UK Latest: Ruth Bader Ginsberg

14 January 2019 by

At the age of 85, United States Supreme Court Justice Ruth Bader Ginsburg has developed an extraordinary legal legacy while becoming an unexpected pop culture icon. With the documentary ‘RBG’, and the movie ‘On the Basis of Sex’ starring Felicity Jones shortly to go on general release in cinemas, Emma-Louise Fenelon speaks to Mrs Justice Philippa Whipple about her exceptional life and career. Listen to Episode 61 of Law Pod UK.

RBG is Directed by Betsy West and Julie Cohen and co-produced by Storyville Films and CNN Films. Details are available here: https://www.rbgmovie.co.uk.

Law Pod UK is available for free on AudioboomiTunesPodBean, The Podcast App or wherever you get your podcasts.

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