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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

37:05

The Future of the Jury Trial (live from Ripon...

Law and Disorder ·

2025/11/22

Last week, the Law & Disorder trio had the privilege of broadcasting live from Ripon Cathedral, where they debated a key question at the heart of proposals to revamp Britain's justice system: should jury trials be consigned to history? Or is there space for a hybrid system? Tied to suggestions made by Sir Brian Leveson, the team make their arguments for and against preserving a key part of Britain's common law system.This event was kindly sponsored by Irwin Mitchell solicitors.If you have

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17:58

Trump v the BBC: can the President really sue the BBC?

Law and Disorder ·

2025/11/17

Donald Trump is threatening to sue the BBC for a reported $5bn over the BBC's flagship Panorama programme's 'misleading' edit of one of his speeches. The President is claiming significant reputational damage stemmed from an injudicious edit which made it seem like he had directly incited the 6th January insurrection at the Capitol. But does he really have a case? How much money could the Beeb be on the hook for? Or is the American President using 'lawfare' to chill his media critics? Nicholas

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45:22

The Employment Rights Bill

Law and Disorder ·

2025/11/15

The 2024 General Election feels a long time ago now – and must feel like another lifetime for Sir Keir Starmer – but one of the Labour party's flagship propositions, the new Employment Rights Bill, is inching its way towards the statute book. To discuss the implications (both for employers and employees), the Law & Disorder team are delighted to be joined by David Reade KC of Littleton Chambers, one of the UK's top employment barristers, who proves an expert guide through a thicket of

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43:06

Israel and International Law (with Jonathan Sumption)

Law and Disorder ·

2025/11/08

Since we began work on Law & Disorder back at the start of 2024, the challenges surrounding Israel's war on Gaza have been front page news. Have the Israeli's committed war crimes? Does this constitute a genocide? And what levers are available to the international legal community? For two years, these issues have swirled, and in spite of a recent ceasefire, no proper resolution seems near. To discuss all of these issues, we're joined by Jonathan Sumption, one of Britain's leading lawyers and a

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43:21

The Hillsborough Law

Law and Disorder ·

2025/11/01

In 1989, 97 people lost their lives in the Hillsborough disaster. The fight for justice, led by their families, has taken decades, and there are still huge failures of accountability. The cover-up after the disaster only served to exacerbate the pain of victims, and prevent justice being served. That's where the Public Office (Accountability) Bill, better known as the Hillsborough Law, comes in. Today on Law & Disorder we're joined by Pete Weatherby KC, who has represented the families of

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39:10

The Libor Appeal (with Tom Hayes)

Law and Disorder ·

2025/10/18

Back in the summer of 2015, Tom Hayes, a trader with UBS and then Citibank, was convicted for manipulating the Libor rate, a scandal that rumbled on in the wake of the 2008 financial crisis. A decade later – having spent 5 years in jail – Tom's conviction was overturned in July by the Supreme Court. How did such an extreme miscarriage of justice take place? And what does it tell us about the tricky intersection of the gunslinging Wild West of financial services and the rigidly superintended world of

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43:47

The Afghan Superinjunction

Law and Disorder ·

2025/10/11

This summer, a superinjunction was lifted, following an independent review, which had prohibited reporting on a massive data breach relating to the possible evacuation of Afghans to the UK in the wake of the Taliban takeover there. The court battle, fought between a number of media organisations and the government, exposed the ways in which the law must strike a delicate balance between national security and transparency. Did they arrive at the correct result here? To discuss, the Law & Disorder

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32:47

Events on Planet Tax (with Dan Neidle)

Law and Disorder ·

2025/10/04

Planet Tax – widely considered the most interesting and sexy domain in our galaxy – is the home of a a certain Dan Neidle. A former Head of Tax at Clifford Chance, Dan has become the country's most prominent tax vigilantes, holding public figures to account over their tax arrangements. This week, he talks us through two knotty, political tax affairs: Angela Rayner's failure to pay sufficient stamp duty on her home (which cost her her job in government) and seemingly similar shenanigans from one

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33:10

SLAPPed

Law and Disorder ·

2025/09/27

SLAPPs: Strategic Litigation Against Public Participation. These lawsuits, often brought by the super wealthy, have been in the news a lot over the past few years, and, indeed, we've covered them before on the show. But today we're looking at it from the impact of the SLAPPee, in this case Charlotte Leslie, a former Tory MP and now Director of the Conservative Middle East Council. Her experiences shed a light on the impact these cases can have and the Kafkaesque nightmare of pursuing the truth in

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50:51

Setting the World to Rights with Alastair Campbell

Law and Disorder ·

2025/09/20

Alastair Campbell has worn many hats: journalist, bagpiper, political operator, Burnley ultra, and, most recently, podcaster. This varied CV has brought him into frequent contact with power and infrequent contact with the law. In this episode, a wide-ranging season opener, he talks candidly with Charlie, Helena and Nick about his life in politics, his fears for the current state of play, and his optimism about how things can be turned around. The conversation covers everything from comparisons

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40:19

Trump v CASA

Law and Disorder ·

2025/08/02

Birthright citizenship is an important Constitutional right in the United States, but one that is increasingly challenged under the second Trump presidency. In this episode, we re-convene with David D. Cole, a top constitutional lawyer and former Legal Director of the ACLU, to discuss the case of Trump v CASA, a Supreme Court case which addressed whether lower courts could issue 'universal injunctions' to block nationwide enforcement of policies, and more generally how the Supreme Court is managing

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42:03

Gender Dysphoria Treatment for Children

Law and Disorder ·

2025/07/26

Few social issues have proven quite as controversial or emotional as the fraught subject of gender dysphoria treatment for minors. In both the UK and US, the question has vexed doctors, lawyers and politicians. The balance between the medical and psychological wellbeing of trans youngsters presents unique challenges for physicians and legislators, and it feels like we are yet to alight upon a compassionate solution. To discuss, the Law & Disorder team are joined by two great experts from either

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42:16

Trump and the Rule of Law with Anthony Scaramucci

Law and Disorder ·

2025/07/19

Donald Trump is desecrating the United States' fundamental belief in due process – or, at least, he's trying to. Standing in his way are a number of obstacles, including the constitution, the courts, and his former comms director, Anthony Scaramucci, who has become a vociferous critic of his old boss. After just 11 days in the role – a unit of time now known as "a Scaracmucci" – Anthony was sacked and liberated to pursuit a vibrant media career that has seen him become an internationally recognised

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41:50

Cannabis

Law and Disorder ·

2025/07/12

Why is cannabis illegal in the UK? This is a vexed question that dates back to colonial times but continues to be a hot button issue in the present day. Indeed, Charlie Falconer recently chaired a report for the London Drugs Commission on this very topic, recommending that cannabis possession be decriminalised but dealing remain outlawed. Is this an elegant solution or a mealy-mouthed fudge? To debate the issue, Charlie is joined by his regular companions – Nicholas Mostyn and Helena Kennedy – as

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42:56

Sports with Nick De Marco KC

Law and Disorder ·

2025/07/05

Is sports a law unto itself? That's the question posed this week, as the Law & Disorder crew are joined by Nick De Marco KC, perhaps the UK's top sports lawyer. Nick has worked on cases ranging from corrupt cricketers to fiscally feckless football clubs, and offers here a tour d'horizon of the landscape in sports and the law. Should betting companies offer markets on yellow cards? Did Jannick Sinner get off lightly with his doping ban? Will a judgment ever be delivered on Manchester City's PSR

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49:16

Media Freedom Under Siege

Law and Disorder ·

2025/06/21

Media freedom around the world has never been more embattled. A rise in violence perpetrated against journalists and media proprietors has been accompanied by a significant surge in the use of 'lawfare', frivolous but destructive lawsuits designed to silence and intimidate. To discuss this crisis, the Law & Disorder team are joined by Caoilfhionn Gallagher KC, a leading lawyer representing accused or imprisoned journalists or bereaved families, and Sebastien Lai, the son of Jimmy Lai, a Hong

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42:36

Climate Change and the Law

Law and Disorder ·

2025/06/14

With climate change an ever increasing priority for people and governments around the globe, it is necessarily becoming a major part of our legal system. How do treaties like the Paris Agreement bind countries to climate goals? Can people – old and young – use the law to hold the state to account over climate action? And, in a world where climate change denial is increasingly mainstream from politicians, can the law offer a check to the spread of that rhetoric? To discuss all this, Nicholas, Helena

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40:58

Tariffs

Law and Disorder ·

2025/06/07

Tariffs: a word that has become, in the past few months, a political hot potato. With US President Donald Trump slapping major tariffs on countries all around the world, the Law & Disorder crew gather to consider these moves in their historical context and probe their legality. Nicholas Mostyn and Charlie Falconer are – regrettably – missing Helena this week, but we have two guests to compensate: Thomas Sebastian, barrister and expert in tariffs, and Edward Stourton, presenter of Radio 4's

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35:03

Non-Court Dispute Resolution

Law and Disorder ·

2025/05/31

Until recently, there was no real pressure on parties to mediate before an issue went to court. It has created an expensive, and often destructive, dynamic. But now, there is a concerted movement to introduce more "non-court" options, from mediation and arbitration to third party evaluation and collaborative law. To discuss this attempt to innovate in a calcified field, the Law & Disorder trio are joined by two revolutionaries in the area: Karen Barham, solicitor mediator at Moore Barlow, and

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31:03

Is the Law Above You?

Law and Disorder ·

2025/05/24

Earlier this spring, Sir Nicholas headed off to Chamonix for a conference of family lawyers. There, he delivered a speech titled "The Law is Above You". But is it? In this episode, we'll play an extract from that speech and spark a conversation with Charlie and Helena about the Trump administration's myriad abuses of power, and whether the law can be play a role in preventing further injustices.If you have questions, criticisms, praise or other feedback, please do send your thoughts to us via

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