Ep 134: The Most Significant Cases Of 2020 – Law Pod UK

Posted January 12th, 2021 in news, podcasts by sally

‘In Episode 134, Emma-Louise Fenelon speaks to Jon Metzer and Michael Spencer about the most significant cases of a most bewildering year.’

Full Story

Law Pod UK, 11th January 2021

Source: audioboom.com

Ep 133: Is our Brexit trade deal with the EU a “Canada minus”? – Law Pod UK

Posted January 6th, 2021 in brexit, EC law, news, podcasts by sally

‘The UK parliament has now passed Boris Johnson’s trade and cooperation agreement with the European Union. Professor Barnard considers it a thin deal – as many predicted – but it has certainly delivered on sovereignty. There is no mention in the text of the European Court of Justice or EU Law. Hear more about the extent to which Britain has “taken back control” in this concise summary.’

Full Story

Law Pod UK, 5th January 2021

Source: audioboom.com

Ashbolt v HMRC [2020] STC 1813 – CrimeCast.Law

Posted December 3rd, 2020 in HM Revenue & Customs, income tax, loans, news, podcasts, search & seizure, tax avoidance by tracey

‘The case arose from the response of certain taxpayers and their professional advisers to the Treasury’s introduction of the so called ‘loan charge’ under the Finance Act (No 2) 2017, which was intended to enable HM Revenue and Customs to put an end to what had become a widespread practice of avoiding income tax by characterising payments as loans rather than income. HMRC commenced a criminal investigation into the conduct of a number of subscribers to a particular tax avoidance scheme and, in the course of that investigation, they obtained and executed search warrants relating to both residential and business premises. The question arose whether the first set of access conditions in paragraph 2 to Scheduled 1 of PACE, and whether the further condition in paragraph 14(d) of that schedule had been satisfied. It prompted the Divisional Court to issue a stern warning about the need for scrupulous care in presenting such an application and the court also gave guidance on how, in practical terms, the judge to whom the application is made should be assisted in focusing on the key issues which he or she needs to resolve …’

Full Story

CrimeCast.Law, 30th November 2020

Source: crimecast.law

R (RD) v Justice Secretary [2020] EWCA Civ 1346 – CrimeCast.Law

‘This was the second of a pair of recent cases which suggest that police officers and those who aspire to be police officers are held to a higher standard than the general public whom the police are sworn to protect. I discussed yesterday R v Luckett (Michael David) [2020] EWCA Crim 565, which illustrated the approach taken by the Criminal Division of the Court of Appeal to the sentencing of offences of misconduct in a public office by serving police officers. The case of R (RD) v Justice Secretary addresses the rigorous disclosure requirements imposed on those who apply to become police constables or police cadets. It prompted the Civil Division of the Court of Appeal to consider the application of Article 8(2) of the European Convention on Human Rights to candidates for the police service – specifically whether the current regime for the rehabilitation of offenders and for the disclosure of convictions, cautions and reprimands is in accordance with law and necessary in a democratic society …’

Full Story

CrimeCast.Law, 30th November 2020

Source: crimecast.law

131: Deputyship Orders in the Court of Protection – Amelia Walker – Law Pod UK

Posted December 1st, 2020 in costs, Court of Protection, news, podcasts, third parties by sally

‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’

Full Story

Law Pod UK, 30th November 2020

Source: audioboom.com

R v Luckett (Michael David) [2020] EWCA Crim 565 – CrimeCast.Law

‘“This was one of a pair of recent cases, which tend to suggest that police officers and those who aspire to be police officers are still held to a higher standard than the public they are sworn to protect. It was a sentencing appeal following a plea of guilty by a former police officer, who had made use of information gathered in the course of investigating a drink driving offence to get in touch with the defendant and subsequently enter into a long-term personal relationship with her. He resigned from the police and pleaded guilty to misconduct in a public office. His appeal against the sentence prompted the Court of Appeal to refer to earlier authorities on sentencing for misconduct in a public office by serving police officers and gave the court an opportunity to emphasise the gravity of the offence, whilst at the same time proving that the quality of mercy is not strained …”’

Full Story

CrimeCast.Law, 26th November 2020

Source: crimecast.law

Mirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law

‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s unsuccessful submissions against a third party in proceedings to enforce the confiscation order had led to the unusual spectacle of the Lord Chancellor intervening and persuading a High Court judge to reverse her decision on a jurisdictional question and set aside the order she had previously made. It prompted the Court of Appeal (Civil Division) to conduct a comprehensive review of the primary and secondary legislation and the authorities on private prosecutions, confiscation, costs and the sometimes blurred lines between criminal and civil proceedings.’

Full Story

CrimeCast.Law, 24th November 2020

Source: crimecast.law

Racism within the Windrush compensation scheme – The Guardian

‘The Guardian’s Amelia Gentleman wrote her first story on the Windrush scandal almost three years ago – yet she is still hearing from people facing injustice. Alexandra Ankrah, the most senior black Home Office employee in the team responsible for the Windrush compensation scheme, discusses why she resigned this year, describing the scheme as systemically racist and unfit for purpose while Samantha Cooper describes her frustrations with trying to access financial help.’

Full Story

The Guardian, 24th November 2020

Source: www.theguardian.com

Ep 129: Brexit and the Flaws of Delegated Legislation – Law Pod UK

Posted November 9th, 2020 in brexit, constitutional law, news, parliament, podcasts by sally

‘In Episode 129, Emma-Louise Fenelon speaks to Lord Anderson of Ipswich QC, Alexandra Sinclair and Joe Tomlinson about the new Public Law Project report: Plus ca change? Brexit and the flaws of the delegated legislation system, for a fascinating discussion about parliamentary goings-on in a time of Brexit.’

Full Story

Law Pod UK, 4th November 2020

Source: audioboom.com

EP 128: The Cumberlege Review – Marina Wheeler QC – Law Pod UK

Posted October 26th, 2020 in doctors, health, hospitals, medical treatment, medicines, news, podcasts by sally

‘In Episode 128 Emma-Louise Fenelon talks to Marina Wheeler QC about the Cumberlege Review, which investigated the response of England’s healthcare system to patients’ reports of harm from drugs and medical devices.’

Full Story

Law Pod UK, 22nd October 2020

Source: audioboom.com

Understanding the fight over trans rights part 1 – The Guardian

Posted October 9th, 2020 in birth certificates, equality, gender, news, podcasts, Scotland, transgender persons by sally

‘Stephen Whittle has been at the heart of trans activism for half a century. He discusses the legal and political progress that has been made over the past few decades while the Guardian’s Scotland correspondent Libby Brooks examines why there was a backlash over the 2015 Gender Recognition Act, which proposed a further expansion of trans rights.’

Full Story

The Guardian, 8th October 2020

Source: www.theguardian.com

EP 127: Reintroduction Part 2 – Bats and Beavers – Law Pod UK

Posted October 9th, 2020 in animals, environmental protection, news, podcasts by sally

‘This is the second instalment of our collaboration with the Environmental Law Foundation, who are acting for acting for local residents in the Forest of Dean on a translocation of pine martens from Scotland. We discuss bats, other protected species and relative success of the introduction of beavers to the British Isles.’

Full Story

Law Pod UK, 5th October 2020

Source: audioboom.com

EP 126: The Birds and the Bees – Law Pod UK

Posted September 29th, 2020 in animals, birds, environmental protection, news, podcasts by sally

‘Rosalind English gathers a panel of experts together to discuss the thorny issue of reintroduction of endangered species. This episode is part of a two part series on the subject, organised by the Environmental Law Foundation that promotes access to justice in matters of environmental law.’

Full Story

Law Pod UK, 29th September 2020

Source: audioboom.com

EP 125: Transition towards Brexit in December 2020 – Law Pod UK

Posted September 21st, 2020 in bills, brexit, news, podcasts by sally

‘Professor Catherine Barnard discusses the difficulties to be overcome in the negotiations and the challenges presented by border issues as Parliament debates the Internal Market Bill.’

Full Story

Law Pod UK, 21st September 2020

Source: audioboom.com

EP 124: The Salisbury Poisonings: scope of the Coroner’s investigation – Matt Hill – Law Pod UK

Posted September 8th, 2020 in coroners, inquests, news, podcasts, poisoning, Russia by sally

‘Matt Hill of 1 Crown Office Row discusses with Rosalind English the inquest into Dawn Sturgess, the innocent victim of the attempted assassination of a Russian agent. He considers the different approaches of the coronial and criminal jurisdictions where someone has died in suspicious circumstances.’

Full Story

Law Pod UK, 7th September 2020

Source: audioboom.com

EP 123: Judges and Lawyers: Enemies of the People? with Joshua Rozenberg – Law Pod UK

Posted September 3rd, 2020 in judiciary, legal profession, media, news, podcasts by sally

‘In Episode 123 Emma-Louise Fenelon talks to Joshua Rozenberg about his new book Enemies of the People? How Judges Shape Society and discusses attacks on judges and lawyers by the media and the government.’

Full Story

Law Pod UK, 1st September 2020

Source: audioboom.com

EP 121: Secondary Victim Claims update – Gideon Barth – Law Pod UK

Posted July 30th, 2020 in duty of care, hospitals, news, podcasts, psychiatric damage, third parties by sally

‘In Episode 119 Emma-Louise Fenelon speaks to Gideon Barth about secondary victim claims, and the recent case of Paul v Royal Wolverhampton NHS Trust.’

Full Story

Law Pod UK, 28th July 2020

Source: audioboom.com

EP 120: Catherine Barnard on next steps toward Brexit – Law Pod UK

Posted July 17th, 2020 in brexit, news, podcasts by sally

‘In the latest instalment of her @2903 cb podcast series Catherine Barnard, Professor of EU Employment Law at the University of Cambridge and a Senior Fellow of the UK in a Changing Europe tells her listeners what to look out for next and what could end the present gridlock in the ongoing negotiations.’

Full Story

Law Pod UK, 15th July 2020

Source: audioboom.com

EP 119: Death and Dying in the age of Covid-19 – Sarah Wootton and Lloyd Riley – Law Pod UK

Posted July 17th, 2020 in coronavirus, news, podcasts by sally

‘Rosalind English talks to Sarah Wootton and Lloyd Riley of the campaign group Dignity in Dying about how the pandemic has brought the mode of dying to the centre of public discourse.’

Full Story

Law Pod UK, 13th July 2020

Source: audioboom.com

EP 117: Systemic Racial Inequality – Windrush and the Bar – Martin Forde QC – Law Pod UK

‘In Episode 117, Emma-Louise Fenelon talks to Martin Forde QC on systemic racial inequality relating to Windrush, immigration history and at the Bar.’

Full Story

Law Pod UK, 25th June 2020

Source: audioboom.com