Law Pod UK


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.


Continue reading →

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.
Continue reading →

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.

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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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