Law Pod UK


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.

UK Human Rights Blog & Law Pod UK annual party!

14 January 2019 by

Last Friday the UK Human Rights Blog and Law Pod UK Committee and contributors celebrated a fantastic year at 1 Crown Office Row with Vermouth tasting and prize-giving. We were delighted to be joined by special guests David Prest and Simon Jarvis from Whistledown Productions, as well as former 1COR member, Wendy Outhwaite QC.

After speeches about how both the blog and the podcast have grown from Commissioning Editor Jonathan Metzer and Law Pod UK Presenter Emma-Louise Fenelon, Wendy Outhwaite QC gave out gifts of her sparkling Ambriel wine and John Gimlette’s ‘Elephant Complex‘ to our rounders-up Eleanor Leydon, Conor Monighan and (in absentia) Thomas Hayes. Founder and co-presenter of Law Pod UK Rosalind English was also thanked for all her hard work with both blog and podcast.

Thank you all for coming and looking forward to 2019!

UK Human Rights Blog Law Pod UK Party 2018-19

Damages for wrongful life refused

10 January 2019 by

ARB v IVF Hammersmith & Another [2018] Civ 2803 (17 December 2018) – read judgment

Legal policy in the UK has traditionally prohibited the granting of damages for the wrongful conception or birth of a child in cases of negligence. In this case the Court of Appeal has confirmed that this bar is equally applicable to a wrongful birth arising from a breach of contract.

The facts of the case are set out in my podcast on the first instance decision (Episode 12 of Law Pod UK). Briefly, an IVF clinic had implanted the claimant father’s gametes into his former partner without his consent. This occurred after the couple had sought fertility treatment at the clinic resulting in the birth of a son some years previously. Following standard practice, the clinic froze five embryos made with their gametes. Subsequently, the couple separated. Some time after this separation the mother, R, attended the clinic without ARB and informed the staff that they had decided to have another child. The form requiring consent from ARB for thawing and implanting the embyro was signed by R, and the clinic failed to notice the forgery. R went on to give birth to a healthy daughter, E, who is now the sibling of ARB’s son. There is a Family Court order confirming parental responsibility and shared residence in respect of both children.
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Doctor knows best: Expert evidence in medical cases

7 January 2019 by

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“No negligence where the doctors disagree” – used to be the approach of the courts to expert evidence in medical cases. That deference has eroded in recent years.

Rosalind English talks to James Badenoch QC, who acted for the claimant Montgomery in the most recent Supreme Court case on informed consent in medical cases.

Law Pod UK will be following up the debate on Bolam expert evidence in future episodes.

Law Pod UK is available for free and without ads on AudioboomiTunesPodBean, The Podcast App or wherever you get your podcasts.

10 cases that defined 2018

20 December 2018 by

Jonathan Metzer is the commissioning editor of the UK Human Rights Blog. He is a barrister at One Crown Office Row.

And so we come to the end of another whirlwind year.

It has gone by with worryingly rapid speed. As I write this it is hard to remember that scorching hot summer, with a Royal Wedding in bright sunshine and the England team surpassing all expectations at the World Cup. But as well as a number of major geopolitical events (including Brexit, which I promise not to mention for the rest of this article), this year also saw the unveiling of astonishing artwork at the Roman ruins of Pompeii, the reintroduction of the Chequered Skipper butterfly to Rockingham Forest, the first time that a robot addressed a Parliamentary meeting, and the demise of the Charles Darwin £10 note.

But what happened in the courts? Oh what an adventure it has been, dear reader. Strap on your seat belts and join me as we take a whistle-stop tour through 10 of the biggest legal battles of the last year.


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Latest Law Pod UK: the 5 Most Significant Inquest Cases Of 2018

17 December 2018 by

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2018 provided much food for thought for those practising in inquest law, with significant judgments on the burden on proof in suicide, on scope in relation to the Birmingham pub bombings, on causation in relation to medical negligence, on the relevance of non-causative findings to the record of inquest and on costs.   In the most recent episode of Law Pod UK I am joined by Jeremy Hyam QC, who provides a whistlestop tour of this year’s the most significant cases. 

Citations for cases mentioned on the podcast and links to related blog articles written by members of chambers are contained below, as is a brief analysis of R (Paul Worthington) v HM Senior Coroner for the County of Cumbria [2018] EWHC 3386 (Admin), a decision which was unfortunately handed down too late for consideration in the podcast episode. The episode is a available here.


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New podcast: starvation as a war weapon

10 December 2018 by


In the latest episode of Law Pod UK Rosalind English talks to Catriona Murdoch of 1 Crown Office Row about  Global Rights Compliance, an organisation offering a unique approach to atrocity crimes and other violations of international law.  The Hague-based GRC works in partnership with The World Peace Foundation (‘WPF’) to combine expertise on conflict and food insecurity. Together they are identifying how international law may be used to advance the prevention, prohibition and accountability for mass starvation.

Law Pod UK is available for free and without ads on AudioboomiTunes, PodBean,The Podcast App or wherever you get your podcasts.

New Episode from Law Pod UK: Psychiatric Harm Claims Arising Out Of Childbirth

3 December 2018 by

In Episode No 56, Suzanne Lambert and Emma-Louise Fenelon discuss the recent judgment of Whipple J in YAH v Medway NHS Foundation Trust [2018] EWHC 2964 (QB)

In her analysis of the decision Suzanne refers to:  the control mechanisms established by the House of Lords in Alcock v Chief Constable of South Yorkshire [1992] 1 AC 310, the House of Lords decision in Page v Smith [1996] 1 AC 155  and the decision of the Court of Appeal in A Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588
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Law Pod UK on the Brexit Political Declaration

29 November 2018 by

As part of our continuing collaboration with Professor Catherine Barnard of Cambridge University, we now have her latest episode on the Political Declaration on the withdrawal deal: Episode 55 of Law Pod UK. Towards the end of her 15 minute interview with Boni Sones Catherine talks about the Wightman reference to the CJEU from the Scottish Court of Session asking whether Article 50 can be revoked, and if it can be revoked, can it be done unilaterally by the UK or only bilaterally with the EU’s agreement.  Exceptionally, the entire banc of the EU justices have just heard this case which indicates just how important this issue is; judgment awaited.
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Law Pod UK races towards 100K mark

23 November 2018 by

This week Law Pod UK, the podcast brought to you by the barristers at 1 Crown Office Row,  surpassed 90 000 listens since our launch in May last year.  Nobody could have predicted the runaway success of the podcast form a couple of years ago. Our short podcasts have proved enormously popular, not least because they provide updates on the latest legal developments with crisp discussion that absorbs the attention but lasts no longer than a short commute.

Rosalind English and Emma-Louise Fenelon present discussions with barristers, solicitors and academics on a wide range of topics including the recent Supreme Court decision in Darnleyhuman traffickingclinical guidelines, and the impact of AI on the legal profession.

Intrigued? Subscribe to Law Pod UK via Apple Podcasts, iTunes, Audioboom or wherever you get your podcasts. And if you like what you hear, please remember to rate and review us. Your support is encouraging and we hope you can help us make 100,000 listens by Christmas.

Thank you to everyone who has listened and keep an eye out for the new episodes to be released shortly!

Three new podcasts: NHS, Brexit and Brexit

15 October 2018 by

LawPodlogo.jpgThe Supreme Court’s judgment on the liability of hospitals for the actions and misstatements of their non-medical staff is an important line in the sand for the NHS. Owain Thomas QC  discusses the implications of this ruling with Rosalind English on Law Pod UK here, following his widely read post on the UK Human Rights Blog.

And as part of our repodcast arrangements with Catherine Barnard of Cambridge University, we have posted two new episodes on the Brexit negotiations, here and here. In Episode 46 of Law Pod UK Professor Barnard features an exclusive interview with Sir Ivan Rogers, the former UK Ambassador to the EU, following his speech to Trinity College Cambridge last week: “Brexit as a revolution”.

Law Pod UK is available for free download on iTunes, Audioboom, Stitcher or wherever you get your podcasts. If you like what you hear, please subscribe, rate and leave a review to support our podcast. 

New podcasts

2 October 2018 by

1Cor podcast logoWith the start of the legal term, we’ve posted three great podcasts on Law Pod UK. Episode 42 looks at the influence of international law on individual rights after Brexit. In Episode 43 Clare Ciborowska discusses the new offence of coercive and controlling behaviour in family proceedings. And in Episode 44 we go to the Sainsbury Laboratory in Cambridge to find out what plant scientists think of the recent CJEU ruling on genetically modified organisms.

Law Pod UK is available for free download on iTunes, Audioboom, Stitcher or wherever you get your podcasts. If you like what you hear, please subscribe, rate and leave a review to support our podcast. 

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This blog is run by 1 Crown Office Row barristers' chambers. Subscribe for free updates here. The blog's editorial team is:
Commissioning Editor: Jonathan Metzer
Editorial Team: Rosalind English
Angus McCullough QC David Hart QC
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