On May the 10th the government announced that a fundamental change to the Retained EU Law Bill. As you will hear from Episode 184, I discuss with Sam Willis of the Public Law Project the so called sunsetting clauses in the bill which would have repealed all EU legislation at the end of the year, with the exception of any EU law that ministers decided to keep. Since this episode was recorded, business Secretary Kimi Badenoch has said that the the government is to publish a list of the retained laws that will be scrapped by the end of 2023. Instead of thousands of unspecified EU laws expiring by the end of the year, a mere 600 out of the 5000 odd pieces of legislation from the EU era will be repealed. So please bear this in mind when listening to our discussion.
Here are the full citations for the cases referred to in the episode:
Walker v Innospec Ltd  UKSC 47,  4 All ER 1004 Horton v Sadler  UKHL 27,  1 AC 307,  (Lord Bingham), cited as continuing to be applicable in Peninsula Securities Ltd v Dunnes Stores Ltd (Bangor) Ltd  UKSC 36,  3 WLR 521,  (Lord Wilson JSC) (both applying Practice Statement (Judicial Precedent)  1 WLR 1234) Lock v British Gas Trading Ltd  EWCA Civ 983,  4 All ER 291
Tunein Inc v Warner Music UK Ltd & Anor  EWCA Civ 441 (26 March 2021)
And here are the following pensions cases that are relevant to this issue:
Case C-17/17 Hampshire v Board of the Pension Protection Fund  ICR 327 Case C-168/18 Pensions-Sicherungs-Verein VVaG v Günther Bauer  2 CMLR 26 And see Hansard for the fourth sitting of the Public Bill Committee on the 22 November 2022, at pages 168-169, for the Minister’s following comments:
“the Department for Work and Pensions does not intend to implement the Bauer judgment through the benefits system, as it is a European Court judgment that does not fully align to the UK private pension protection scheme”
In Episode 183 Lucy McCann speaks to Cara Guthrie and Matthew Flinn of 1 Crown Office Row about multi-defendant litigation in the field of clinical negligence. The discussion covers, who to sue, the costs implications of having multiple defendants, contribution proceedings, apportioning liability between defendants, and interim payment applications.
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.
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!
In Episode 178 Emma-Louise Fenelon speaks to Shahram Sharghy and Jo Moore about how to become a barrister. The episode considers the kind of research that is essential to do in advance, navigating the pupillage gateway, preparing for interviews, and dealing with rejection.
In our final episode of the year, Rosalind English, Lucy McCann and Jonathan Metzer discuss some of the most important judgments that have been handed down in the last twelve months. The recording of this episode took place a day before judgment was handed down in the “Rwanda case” ( R ((AAA) Syria and Ors) v Secretary of State for the Home Department  EWHC 3230 (Admin).
Below are the citations for all the cases discussed in this episode.
In Episode 174 Emma-Louise Fenelon speaks to Sir Jonathan Jones about recent developments in public law and the Constitution, including recent political turbulence, the Union, the Northern Ireland Protocol, Judicial Review reforms, Human Rights Act reforms and Standards and Ethics in public life.
Sir Jonathan Guy Jones KCB KC is a British lawyer, appointed in March 2014 and serving until his resignation on 8 September 2020 as HM Procurator General, Treasury Solicitor and Head of the Government Legal Service, and so the Permanent Secretary of the Government Legal Department. He is now a Senior Consultant, Public and Constitutional Law, at Linklaters. He tweets at @SirJJKC
This Episode mentions:
HM & Ors  EWHC 2729 (14 October 2022), judgment here, covered by Marina Wheeler KC on the Blog here
The Good Law Project v SSHSC  EWHC 298 (15 February 2022) judgment here
Reference by the Lord Advocate (Rev1)  UKSC 31 (23 November 2022) judgment here
The Law Commission has recently brought out its consultation paper on these new forms of assets, and how they might be aligned with the ancient law on property. In Episode 171 of Law Pod UK Rosalind English talks to Robert Kellar KC about the challenges this novel arrangement of ownership presents to English property law. What do we mean, exactly, when we talk about the idea of digital assets?
We’re all very used to the idea of electronic money: for decades, money has been represented electronically on in our bank accounts. But the the Law Commission’s paper deals with quite different issues, when it comes to digital assets.
The consultation paper is at pains to stress that property law must encompass these new forms of ownership. As Robert points out in this episode, property rights are useful because they can be enforced against the whole world, whereas other legal rights can be enforced only against someone who has assumed a relevant duty in contract or tort.
Furthermore, the concept of property is widely used in statutes and case law, assuming a central role in proceedings concerning bankruptcy or insolvency, tortious or criminal interference with property, and death and succession.
The Law Commission’s conclusion thus far is that digital assets should be treated as a new category of property.
Listen to the episode and follow @LawPod_UK on Twitter if you have any feedback, ideas and comments for the team. Alternatively, read more about this topic on our blog here.
The Online Safety Bill is currently making its way through the House of Commons, having reached the report stage in July. The bill’s concept of “legal but harmful” is controversial, and has attracted criticism from high places, not least of all former Supreme Court judge Jonathan Sumption. Lord Sumption joins Rosalind English in this episode to discuss the problems involved in defining this kind of harm and the concepts of “misinformation and disinformation” in the Bill.
Lord Sumption worries about the “sheer randomness” of the process for identifying legal but harmful material, and points out that the internet is absolutely vast; the “scale and speed at which material is added to it every moment of our lives is breathtaking”. The only way, he says, that this can be controlled is by the use of algorithms. But they are incapable of detecting nuance or irony. They are blunt instruments. When you are applying this kind of technique to material at this scale, you are bound to get a very large number of false positives.
“So you will lose an enormous amount of perfectly acceptable material, material that is not only legal but not harmful”.
This year Law Pod UK celebrates its fifth birthday. In 2017 we were amongst the very first to roll out a specialised series of podcasts about the law in the United Kingdom. And after a brief hiatus we’re back with a bang, with two new presenters and a number of exciting upcoming guests.
Jim has extensive experience across clinical negligence, inquests and inquiries, personal injury, human rights, tax and employment and discrimination.
He is a member of the Attorney General’s Panel of Counsel (‘B’ Panel) and has particular experience of prison law and employment claims, acting on both sides.
In this episode he talks to Clare Ciborowska and Richard Ager at the Brighton Annexe of 1 Crown Office Row about how the family court deals with allegations of ‘alienating behaviour’ by one parent against another. They examine in particular the part psychologists play in that process.
Waiting in the wings is our second new presenter, Lucy McCann. You will be meeting her shortly. Lucy has recently joined Chambers after a stellar pre-pupillage career, including editing the OUP’s practitioner text, Judicial Review: Principles and Procedure and lecturing in public law at City Law School.
Back to Law Pod UK: we now have a strong following amongst lawyers, law students and those interested in legal issues. We recently surpassed 645,000 listens and have hosted guests including Nazir Afzal OBE, Bill Browder, Gráinne de Búrca, Lord Anderson of Ipswich KC, Harriet Wistrich and Joshua Rozenberg, and panels involving Lord Justice Singh and Sir Steven Sedley.
“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.
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.
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.
This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.