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PODCAST

Law and Disorder

Law and Disorder is a new weekly podcast looking at the biggest issues in the news through the prism of the law. We"ve brought together three of the UK"s best legal minds: recently retired High Court judge Sir Nicholas Mostyn, barrister and human rights campaigner Baroness Helena Kennedy, and Charlie Falconer, a Labour peer and former Lord Chancellor.Subscribe now for weekly episodes disentangling the thorniest of subjects, from Rishi Sunak"s Rwanda bill to the situation in Gaza, via Post Office

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All Episodes

21:12

President Trump and the Law

Law and Disorder ·

2025/01/24

Donald Trump is back in the White House after his historic re-election in November. At his inaugural speech this week, he laid out a manifesto for reinventing America, starting with some fundamental changes to the way that the law operates in the United States. What does he mean? Can he does this? And will the courts intervene? From denying asylum claims to changing America's established views on gender, President Trump is ploughing a controversial furrow. To discuss this, Nicholas Mostyn and Helena

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40:19

Financial Remedies on Divorce

Law and Disorder ·

2024/12/21

Hot off the presses, the Law Commission has produced a new report on the financial remedies available to divorcing couples. The Law & Disorder trio – Nicholas Mostyn, Helena Kennedy and Charlie Falconer – are joined by Professor Nick Hopkins, the report's commissioner, and Holly Symonds, a barrister specialising in family law, to discuss how the law can evolve to help ensure more equitable separations. If you have questions, criticisms, praise or other feedback, please do send your thoughts to

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24:10

Sara Sharif

Law and Disorder ·

2024/12/14

In 2023, a 10-year-old girl named Sara Sharif was murdered by her father and stepmother, the culmination of longstanding abuse she received. This week, verdicts were passed down in court, but, along with the findings, serious questions have been raised. Could the courts have done more to prevent Sara being left in such a transparently violent environment? What do we do when the apparent rights of the parents and children collide? And should the judge who placed Sara back with her father be named

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41:38

Racism and the Law

Law and Disorder ·

2024/12/07

On this week's episode of Law & Disorder, Nicholas Mostyn, Helena Kennedy and Charlie Falconer are joined in the House of Lords by Martin Forde KC, a veteran barrister and former recorder, to discuss the role that race plays in the criminal justice system. Martin discusses his own experiences as a black British lawyer, and the crew piece through David Lammy's 2017 report into the disastrous outcomes for people of colour in our courts and beyond.If you have questions, criticisms, praise or other

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36:51

The ICC Warrants Against Benjamin Netanyahu

Law and Disorder ·

2024/11/30

This week we have a special episode recorded immediately after the International Criminal Court (ICC) issued warrants against both leaders of Hamas and, more strikingly, Israeli Prime Minister Benjamin Netanyahu. To discuss this, we've dialled up Kenneth Roth, an expert in international law and former executive director of Human Rights Watch. Nicholas Mostyn and Charlie Falconer probe him on whether Israel can meaningfully be accused of genocide or other war crimes and human rights abuses, while

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39:29

The Assisted Dying Debate

Law and Disorder ·

2024/11/23

The Terminally Ill Adults (End of Life) Bill – better know as the Assisted Dying Bill – will soon be debated in Parliament. It draws heavily from a previous bill proposed by Law & Disorder co-host Charlie Falconer, who, on this episode of the podcast, debates the ins and outs of Labour MP Kim Leadbeater's bill with his co-anchors, Nicholas Mostyn and Helena Kennedy. Nicholas thinks the bill doesn't go far enough; Helena is concerned about a slippery slope. Where do you stand on this fraught,

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27:44

Mailbag: interim measures, incitement and inequality...

Law and Disorder ·

2024/11/16

It's time, once again, to crack open the mailbag and see what listeners have made of episodes over the past few months. In this mailbag edition, Charlie Falconer, Helena Kennedy and Nicholas Mostyn look back on episodes such as the chinwag with Lord Sumption on the ECHR, the questions raised by the prosecution of rioters in the summer, and the NDA agreements foisted upon the alleged victims of Mohamed Al-Fayed. We'll cover all that, and more, on this episode – and don't forget to send more

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33:21

Donald Trump vs the Rule of Law

Law and Disorder ·

2024/11/09

This week, we can't help but tackle the news story on everyone's lips: the re-election of Donald Trump as President of the United States. For an emergency episode, Nicholas Mostyn convenes with Charlie Falconer and Helena Kennedy to look at the implications for the rule of law and America's position as a beacon of the free world. If you have questions, criticisms, praise or other feedback, please do send your thoughts to us via lawanddisorderfeedback@gmail.com!Law and Disorder is a Podot

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34:02

The Court of Protection

Law and Disorder ·

2024/11/02

The proceedings of the Court of Protection are not widely known or understood, but could, one day, prove of vital importance to you and your family. On this episode of Law and Disorder, Nicholas Mostyn introduces Charlie Falconer and Helena Kennedy to Vikram Sachdeva KC, a specialist in healthcare law with long experience of the Court of Protection, to discuss how the tricky issues of mental capacity, mental health and the intervention of the state can be handled.If you have questions, criticisms,

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30:54

EMERGENCY: The Shooting of Chris Kaba

Law and Disorder ·

2024/10/26

This week, a jury found Sergeant Martyn Blake, a Metropolitan police armed officer, not guilty of the murder of Chris Kaba. Kaba had been shot after police pulled over the car he was driving, which had been linked to a shooting incident. After the verdict, information has been released about Kaba's criminal record and suspected involvement in a gun crime in Hackney. The fallout has asked severe questions of our legal system. Do police officers require more legal protection to do their jobs properly

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32:50

Should we leave the ECHR? With Jonathan Sumption

Law and Disorder ·

2024/10/19

Jonathan Sumption – one of Britain's foremost legal voices – joins Law & Disorder again, this time for a good ding dong. Should the UK withdraw from the European Convention on Human Rights (and its associated court)? Sumption goes head-to-head with a trio of critics – Nicholas Mostyn, Helena Kennedy, and Charlie Falconer – on this week's episode the gets to the heart of the balance between sovereignty and accountability, legislation versus the law, and what a 'human right' truly is.If you have

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32:48

The Crimes of Mohamed Al-Fayed

Law and Disorder ·

2024/10/12

Over the past few weeks, new investigations have turned up a range of serious allegations against Mohamed Al-Fayed, the former owner of Harrods and Fulham FC. How does a man like Al-Fayed – about whom rumours were never far away – manage to go unchecked within his lifetime? What recompense can the law offer his victims? And is there more that the system can, and should, do in order to ensure perpetrators of abuse are brought to justice while they can still be held, personally, to account? Helena

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43:53

Hong Kong with Jonathan Sumption

Law and Disorder ·

2024/10/05

Our guest today – Jonathan Sumption – sat, until June of this year, as a Non-Permanent Judge of the Hong Kong Court of Final Appeal. He left that role – "in high dudgeon" – as a critique of the creeping totalitarianism of pro-Beijing influences in the east Asian territory. In this wide-ranging discussion with Nicholas Mostyn, Helena Kennedy and Charlie Falconer, Lord Sumption discusses how he came to that decision and looks at how the remaining British judges ought to handle their continued work in

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22:47

Law of Yore: Caroline Norton

Law and Disorder ·

2024/09/28

Caroline Norton was a sensation of 19th century London. A writer and social reformer, she hit the headlines in 1836 when she accused her husband, George Norton, of coercive behaviour. What proceeded was a legal case that embroiled the Prime Minister, Lord Melbourne, and, in some ways, changed women's place in the law. But how much did Norton really achieve? And has the dust really settled on women's equality in marriage? For a special dive into the past, join Helena Kennedy, Nicholas Mostyn and

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38:21

James, John and the evolution of homosexuality and...

Law and Disorder ·

2024/09/21

James Pratt and John Smith: the last two men to be executed in Britain for the crime of homosexuality. It is a story recounted by politician and historian Chris Bryant in his book James and John: A True Story of Prejudice and Murder. But how far has the law come since the 19th century? Was the image that Charles Dickens painted the truth? And how did feminist historian Naomi Wolf come to misunderstand the term "death recorded"? These, and many more, issues will be tackled in this episode of Law

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41:24

The Prisons Crisis, with Ian Burnett

Law and Disorder ·

2024/09/14

Britain's prisons are in crisis. In the past week, we've seen the early release of some 1,500 prisoners in order to free up space in our nation's jails. But how did we get here? On this week's Law & Disorder, Charlie Falconer, Helena Kennedy and Nicholas Mostyn are joined by Ian Burnett, who served as Lord Chief Justice from 2017 to 2023. They have a candid and critical discussion about the state of our prisons, the nature of sentencing (and sentence inflation), and whether there are any

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31:15

Emergency: Prosecuting Disorder

Law and Disorder ·

2024/08/07

The streets of the UK have been gripped by disorder. Fuelled by racist rhetoric, rioters have taken to the streets from Southport to Bristol and the criminal justice system is now facing the huge task of processing these criminals and re-establishing order. Can quick sentencing decisions offer a deterrent to further unrest? How are prosecution decisions being made? And can anything be done about the large social media institutions that foment so much of this violence? Charlie Falconer leads Nicholas

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44:33

Extradition

Law and Disorder ·

2024/08/03

Extradition goes back a long way, in principle, but the modern application is complex. What are the grounds for refusing extradition? How has Brexit changed our relationship with European countries? And why is our relationship with America so asymmetrical? This week on Law & Disorder, Nicholas Mostyn, Helena Kennedy and Charlie Falconer romp through the history extradition via three case studies. Firstly, the failed attempt to send Chilean dictator Augusto Pinochet to face trial in Spain. Then,

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33:45

The King's Speech

Law and Disorder ·

2024/07/27

On the 17th July, the new Labour government enjoyed their first King's Speech. In it, they put forward dozens of bills for consideration in this parliamentary session. But do those commitments get to grips with the necessary constitutional changes in our system? And do they address the years of decay and debasement of the Rule of Law, experienced under the previous governments? Charlie Falconer, Helena Kennedy and Nicholas Mostyn discuss.For inclusion in our next mailbag edition, do send your

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35:50

Big Money Divorce

Law and Disorder ·

2024/07/20

Divorce is a complex business, especially when the participants are part of the mega-rich elites who spend millions quibbling over the balance and share of assets and proceedings. Our guide, this week, through the maze of monied marital misery is Tim Bishop KC, one of the UK's leading specialists in top-level financial cases on divorce. Alongside Nicholas Mostyn, Helena Kennedy and Charlie Falconer, he talks us through the evolution of British marriage law, what protections there are for spouses,

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