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TitreDateDurée
204: 3 Essential Clinical Negligence Updates05 Aug 202400:30:37
For those looking to keep on top of their CPD over the summer, in Episode 204 Emma-Louise Fenelon interviews John Whitting KC and Robert Mills about recent developments in clinical negligence.
Robert Mills takes listeners through three recent cases on material contribution:
  • CNZ v Royal Bath Hospitals NHSFT & The Secretary of State for Health and Social Care [2023] EWHC 19 (KB)
  • CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330
  • Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377
John Whitting KC outlines developments in the law of informed consent
  • Bilal and Malik v St George’s University Hospital NHS Foundation Trust [2023] EWCA Civ 605
  • McCulloch and others v Forth Valley Health Board [2023] UKSC 26
And the episode concludes on a discussion of expert evidence
  • Woods v Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust [2024] EWHC 1432 (KB)
  • CE (Cameroon) [2023] UKAITUR PA011122020
The podcast has previously covered expert evidence in the following episodes:
  • Disaster Avoidance for Experts with Margaret Bowron KC here
  • Disaster Avoidance for Experts with Neil Sheldon KC here
Law Pod UK is published by 1 Crown Office Row. Supporting articles are published on the UK Human Rights Blog. Follow and interact with the podcast team on Twitter.
203: Air Travel Woes25 Jul 202400:18:49
A tale of small win against airline leads to big Supreme Court ruling on pre- and post- Brexit compensation. Rosalind English in conversation with David Hart KC.

Law Pod UK is published by 1 Crown Office Row. Supporting articles are published on the UK Human Rights Blog. Follow and interact with the podcast team on Twitter.
194: IWD series part 1: what’s the problem?08 Mar 202400:47:09
LawPod UK is marking International Women’s Day with a three-part series exploring gender at the Bar.
In this series, Lucy McCann and Rajkiran Barhey speak to Lady Justice Whipple, Sally Smith KC, Clodagh Bradley KC, Cara Guthrie, Judith Rogerson, Isabel McArdle, Emma-Louise Fenelon and Chloe Turvill about their experiences, in the hope of drawing out some key reflections and continuing the conversation about gender and the profession.
In this episode, Lucy and Kiran ask ‘what’s the problem?’ and cover a number of issues including gendered assumptions and stereotypes, pressure at the Bar, equal pay, and the fair allocation of work.

Law Pod UK is published by 1 Crown Office Row. Supporting articles are published on the UK Human Rights Blog. Follow and interact with the podcast team on Twitter.
EP 104: The Status of EU law During the Transition Period and Beyond11 Mar 202000:54:45
In Episode 104, an esteemed panel of speakers discuss the complexities of EU law during the Brexit transition period and beyond, as part of an event hosted by the Constitutional and Administrative Bar Association. The panel features Lord Anderson of Ipswich, Professor Catherine Barnard, Professor of European Union law at Cambridge and Alison Pickup, Legal Director at the Public Law Project.
EP 103: Secular law intervenes in religious marital deadlock - Anthony Metzer24 Feb 202000:21:02
New UK law on oppressive behaviour in a relationship has been used successfully to persuade a recalcitrant Jewish husband to grant his wife a divorce recognisable in the religious courts: Rosalind English discusses this landmark case with Anthony Metzer QC"
EP 102: BBC Pay Discrimination - Shaheen Rahman QC03 Feb 202000:17:48
In Episode 102 Emma-Louise Fenelon talks to Shaheen Rahman QC about Samira Ahmed’s decisive Employment Tribunal victory against the BBC
Ep 101: Should medical claims be done differently?20 Jan 202000:29:08
Medical negligence experts James Badenoch QC (now retired) and David Hart QC of 1 Crown Office Row discuss some of the solutions proposed to the vast expense to the NHS of damages claims in negligence and whether  any of these propositions - such as a tariff system run by the Criminal Injuries Compensation Board - is feasible.
Ep 100: Disaster avoidance for experts - Neil Sheldon QC20 Dec 201900:26:35
Emma-Louise Fenelon talks to Neil Sheldon QC about how to help your expert stay out of trouble in clinical negligence cases

Ep 99: Celebrate a Century of Women in Law at Middle Temple25 Nov 201900:15:27
Middle Temple’s exhibition celebrates the centenary of the admission of women to the legal profession. It consists of 25 portraits of women Middle Templars over the last 100 years, including Helen Normanton, the first woman to become a member of an Inn. It is accompanied by a digital exhibition of many more of our distinguished women members. The exhibition curated by Rosalind Wright CB QC, a Bencher of Middle Temple with specially commissioned photography by Chris Christodoulou. The portraits are exhibited in order of Call to the Bar.   We were lucky enough to be guided around this fantastic exhibition by the curator, Rosalind Wright CB QC.  Listen to Rosalind discuss the first 100 years of women in law with Rosalind English in the latest episode of Law Pod UK.   Visit the exhibition, and listen along, to see the women past, present and future who have changed the legal landscape at Middle Temple here.   When: 2 September 2019 to 31 January 2020 Where: Middle Temple   Amendment: Baroness Helena Kennedy’s article and further literature surrounding Bertha Cave’s application and acceptance to Gray’s Inn as ‘B Cave’ has now been shown to be fictitious. However, Bertha Cave was a very early pioneer of women’s rights and, unfortunately unsuccessfully, took the benchers to the House of Lords to argue her case for inclusion.”
Ep 98: AI: Opportunity or Threat?18 Nov 201900:17:27
There should be a distinction between AI and algorithms being tools for lawyers as opposed to lawyers and laws being the tools for the use of AI. The huge emancipatory opportunities offered by technology could be lost if we don’t get on top of it and allow it to overtake us, as we subject ourselves to all its processes. Rosalind English talks to Emily Foges, CEO of Luminance, an Artificial Intelligence programme for the legal profession, about the practical applications of algorithms to the law. How can we avail ourselves of the codes before the codes manage us?
Ep 97: South African Constitutional Court: Human rights in a troubled country04 Nov 201900:24:38
Rosalind English talks to Kate O’Regan, who was appointed to the South African Constitutional Court at the dawn of the full franchise in 1994. Kate was one of the youngest appointees to a court with a profoundly important task, to apply the newly drafted Bill of Rights to a deeply divided society.

Even with the demise of apartheid, conflicts persist: between African customary law and law imported from the country’s colonial masters, Britain and Holland; the cultural differences in the perception of the rights of women, and the uphill task of the courts to ensure the safety of citizens of the new South Africa from random violence on public transport.
Ep 96: What is a ‘mother’, in law?07 Oct 201900:20:40
The most senior family judge in England and Wales has ruled that a transgender man who gave birth with the help of fertility cannot be registered as his child's father. 

This is first case of its kind, and Rosalind English discusses the decision with Charlotte Gilmartin, who points out that the ruling endorses a tension between legal parentage and social/psychological parentage in transgender cases.
Ep 95: A Rogue Prorogation27 Sep 201900:23:27
Emma-Louise Fenelon talks to Jo Moore and Jon Metzer from 1 Crown Office Row about the UK Supreme Court decision in R (Miller) v The Prime Minister and Cherry & Ors v Advocate General for Scotland.  
193: Supreme Court rules on “shock” in clinical negligence cases01 Feb 202400:22:28
The Supreme Court has ruled out claims for physicatric harm suffered by family members witnessing death or serious injury as a result of medical negligence. Rosalind English talks to Judith Rogerson of 1 Crown Office Row about the implication of this ruling.

Law Pod UK is published by 1 Crown Office Row. Supporting articles are published on the UK Human Rights Blog. Follow and interact with the podcast team on Twitter.
Ep 94: Brexit - The Supreme Court Judgement25 Sep 201900:12:12
In this episode Catherine Barnard discusses the Supreme Court Judgment on the "unlawful" prorogation of Parliament. 



Ep 93: Taxation and Human Rights 23 Sep 201900:22:03
Emma-Louise Fenelon talks to Isabel McArdle about some of the ways in which taxation and human rights overlap. 
Ep 92: Brexit -“It takes two to tango!”10 Sep 201900:16:02
In this episode Catherine Barnard, looks at Boris Johnson’s government’s prospects of securing a new deal with the EU.

Can they pull off a new deal with the EU or will his “do or die” mantra lead to a no-deal Brexit at the end of October 2019?
Ep 91: Reith Lectures Series Part 3: Audience Questions23 Aug 201900:35:31
As a bonus summer episode we bring you the questions and answers from 
the Constitutional and Administrative Law Bar Association annual summer law conference in response to Jonathan Sumption’s Reith Lectures. 

The panel features: Lord Dyson, Sir Stephen Laws, Lord Falconer, Professor Meg Russell, Professor Vernon Bogdanor and is Chaired by Mrs Justine Thornton.
Ep 90: 2019 Summer greatest hits01 Aug 201900:27:52
To celebrate reaching 200,000 listens we have a selection of our popular 2019 episodes. A summer summary for listeners before we return in the autumn.
Ep 89: Reith Lectures Series Part 2: Lord Sumption’s Response29 Jul 201900:33:31
In Episode 89, Lord Sumption responds to a panel hosted by the Constitutional and Administrative Law Bar Association, in conversation with Lord Justice Singh.
Ep 88: Reith Lecture Series Part 1: A Response to Lord Sumption29 Jul 201900:40:09
In Episode 88, an esteemed panel of speakers respond to former UK Supreme Court Justice Jonathan Sumption’s Reith Lectures, as part of the Constitutional and Administrative Law Bar Association annual summer law conference. The panel features: Lord Dyson, Sir Stephen Laws, Lord Falconer, Professor Meg Russell, Professor Vernon Bogdanor and is Chaired by Mrs Justine Thornton.
Ep 87: Catching cross-border criminals - Catriona Murdoch15 Jul 201900:10:49
Rosalind English talks to Catriona Murdoch about a new app designed to help professionals in the investigation of international crimes. The BIS app ensures that relevant information is collected in ways that it will be reliable evidence in court.
Ep 86: Brexit - The Conservative leadership election and a new EU negotiating team03 Jul 201900:23:23
Here Professor Barnard examines whether either candidate could sign up to a tariff free no-deal, the so called GATT 24 option, and what the timings for Brexit look like both here and in the EU. 




Ep 85: M4 relief road U-turn - Alasdair Henderson24 Jun 201900:16:55
Rosalind English talks to Alasdair Henderson about the Welsh government U-turn on the M4 relief road. Alasdair acted for some of the objectors in the inquiry and regards it as "probably one of the biggest environmental success stores in terms of challenging a major infrastructure project on environmental grounds.
192: Scope of duty since Khan v Meadows25 Jan 202400:39:08
Rachel Marcus and Marcus Coates-Walker of 1 Crown Office Row join Lucy McCann to explore the principle of the scope of duty in the context of clinical negligence claims. First by analysing the decision in Khan v Meadows [2021] UKSC 21 and then discussing how the courts have grappled with scope of duty issues since.
Cases discussed in this episode include:
-          Khan v Meadows [2021] UKSC 21
-          McFarlane v Tayside Board of Health [2000] 2 AC 59
-          Groom v Selby [2001] EWCA Civ 1522
-          Parkinson v St James & Seacroft UH NHS Trust [2001] EWCA Civ 530
-          SD v Grampian Health Board [2022] CSOH 63
-          DD v NHS Fife Health Board [2022] SAC (Civ) 27
-          Radia v Marks [2022] EWHC 145 (QB)
-          McCulloch v Forth Valley Health Board [2023] UKSC 26
Law Pod UK is published by 1 Crown Office Row. Supporting articles are published on the UK Human Rights Blog. Follow and interact with the podcast team on Twitter.
Ep 84: Widening Access at the Bar - Jo Moore and Laura Bruce17 Jun 201900:12:36
In this episode, Emma-Louise Fenelon talks to Jo Moore from 1COR and Laura Bruce from the Sutton Trust about widening participation at the Bar. 
Ep 83: Scope of Duty and Causation: Chester v Afshar revisited - Part 210 Jun 201900:21:21
In this episode we are bringing the second of two highlights from the recent one crown office row’s seminar – Scope of Duty and Causation: Chester v Afshar revisited. Dominic Ruck Keene dicusses the effects of the case.
Ep 82: Scope of Duty and Causation: Chester v Afshar revisited - Part 110 Jun 201900:11:30
In this episode we are bringing the first of two highlights from the recent 1COR seminar – Scope of Duty and Causation: Chester v Afshar revisited. We hear from Jonathan Metzer as he gives his interpretation of the case.
Ep 81: Brexit & the EU Elections 29 May 201900:12:54
What lessons are to be drawn from the results of the European elections? In the latest edition of her Brexit podcast, 2903 CB, Catherine Barnard discusses the implications for the Conservative leadership contest, the withdrawal agreement and a no deal exit if that is to happen.
Ep 80: Northern Ireland, Human Rights and Brexit - HRLA28 May 201900:40:46
Professor Christine Bell, Caoilfhionn Gallagher QC, Professor Ronan McCrea and Lord Kerr recently spoke at an HRLA event on the legal and human rights implications of Brexit on Northern Ireland.


Ep 79: Causation in Inquests - Christopher Mellor20 May 201900:20:27

Emma-Louise Fenelon talks to Christopher Mellor about causation in inquests and the findings in R(Chidlow) v HMS Coroner for Blackpool and Fylde [2019] EWHC 581 (Admin)

#1COR #LawpodUK #InquestLaw #ChristopherMellor  #EmmaLouiseFenelon #Chidlow

Ep 78: Paying artists in the age of the internet - Andrew Lewis13 May 201900:14:49

Rosalind English discusses the new copyright proposals with music lawyer Andrew Lewis

#1COR #LawpodUK #RosalindEnglish #AndrewLewis #copyright #youtube

Ep 77: Anonymity for Claimants, Anonymity for Doctors - Rajkiran Barhey30 Apr 201900:14:26

In this episode Emma-Louise Fenelon talks to Rajkiran Barhey about two recent High Court decisions on anonymity.​

#1COR #LawpodUK #EmmaLouiseFenelon #RajkiranBarhey #Anonymity

Ep 76: The university as a cradle for EU citizenship - Cherry James 23 Apr 201900:12:17

Rosalind English talks to Cherry James about the Erasmus student programme, the European Commission’s ambitious project for building EU citizenship in higher education.

#1COR #LawpodUK #RosalindEnglish #CherryJames #Erasmus  #EUCitizenship

Ep 75: The Prevent Guidance in Universities - Marina Wheeler QC01 Apr 201900:17:02

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.

#1COR #LawpodUK #EmmaLouiseFenelon #MarinaWheeler #CourtofAppeal #PreventGuidance

191: Significant Cases of 202304 Jan 202400:49:17
Lucy McCann, Rosalind English and Jon Metzer discuss a selection of significant legal cases from the UK over the past year.

Law Pod UK is published by 1 Crown Office Row. Supporting articles are published on the UK Human Rights Blog. Follow and interact with the podcast team on Twitter.
Ep. 74: Brexit Delayed26 Mar 201900:25:32

Professor Catherine Barnard, discusses the latest Brexit developments and looks at the options now with just four days to go before the UK was originally set to leave the EU.

#CatherineBarnard #EUWithdrawalBill #GrandCoalition #Brexit #WithdrawalAgreement

Ep 73: Strikes, verbal abuse and contempt of court - a view from South Africa25 Mar 201900:17:30
Cape Town employment Judge Anton Steenkamp talks about the challenges of upholding the rule of law in a country where people are plenty and employment is scarce. The tragic death of Judge Steenkamp shortly after this episodes was recorded is a great shock to friends and colleagues and an irreparable loss to the South African justice system.

#1COR #LapodUK #RosalindEnglish #AntonSteenkamp

Ep 72: Fleet Street Law Legend - Frances Gibb11 Mar 201900:18:46

Frances Gibb has retired after nearly forty years as legal journalist and editor, covering everything from Lord Irvine’s pricey wallpaper to the release of the Guildford Four. She talks to Rosalind English about the challenges of reporting on a profession highly sensitive to slips and slights.

#1COR #LapodUK #RosalindEnglish  #FrancesGibb  #LegalJournalism

Ep 71: Robot Rules - Jacob Turner04 Mar 201900:18:13

Rosalind English interviews Jacob Turner, barrister and author of a thoroughgoing analysis of the law and its capacity for operating in a world where computers are taking over all the transactions. Is Artificial Intelligence an entirely new legal phenomenon?

#1COR #LapodUK #RosalindEnglish #JacobTurner #ArtificialIntelligence #AIRegulation #MachineLearning

Ep 70: Consent and Causation with Robert Kellar25 Feb 201900:27:57

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.

#1COR #LapodUK #EmmaLouiseFenelon #RobertKellar #Consent #Causation

Ep. 69: GMC Undertakings - Christopher Mellor 22 Feb 201900:11:27

In the final highlight from our recent seminar, 'Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings', Christopher Mellor discusses the general medical council and when undertakings should be sufficient.  

#1COR #LapodUK #RosalindEnglish #ChristopherMellor #GMC #Undertakings #GeneralMedicalCouncil

Ep. 68: Brexit - What about a Grand Coalition? 19 Feb 201900:22:36

Professor Catherine Barnard, discusses the latest Brexit developments as the Prime Minister Theresa May MP and her government were subject to another defeat in Parliament this week.

#CatherineBarnard #EUWithdrawalBill #GrandCoalition #Brexit #WithdrawalAgreement

Ep. 67: Remediation - Mathew Barnes18 Feb 201900:10:56

Taken from our recent seminar, 'Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings', Mathew Barnes asks the question in his talk about remediation - Can you teach an old dog new tricks?

#1COR #LapodUK #RosalindEnglish #MathewBarnes  #Remediation

Ep. 66: Upholding Public Confidence - Owain Thomas QC15 Feb 201900:15:47

Taken from our recent seminar, 'Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings', Owain Thomas QC gives a talk entitled - Upholding public confidence argument: is it undermining remediation?

#1COR #LapodUK #RosalindEnglish #OwainThomas #PublicConfidence #Remediation

Ep. 65: General Medical Council Appeals - Robert Keller & Jeremy Hyam QC11 Feb 201900:20:43

Taken from our recent seminar, 'Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings', Robert Kellar and Jeremy Hyam QC discuss appeals by the general medical council. 

#1COR #LapodUK #RosalindEnglish #RobertKeller #JeremyHyam #GMC #GeneralMedicalCouncil #Appeals #Remediation

190: Toxic Torts18 Dec 202300:22:53
Join chemist Professor Roy Harrison and environmental law silk David Hart, for a review of recent personal injury lawsuits where claimants seek damages for exposure to toxic substances. Despite the technical challenges, this litigation is key to environmental protection.

Law Pod UK is published by 1 Crown Office Row. Supporting articles, with links to cases, are published on the UK Human Rights Blog. Follow and message the podcast via Twitter. Subscribe on your favourite podcast platform.
Ep. 64: Informed Consent - how much direction do patients actually want?04 Feb 201900:20:24

Rosalind English talks to John Whitting QC of 1 Crown Office Row about Montgomery, informed consent and his response to our earlier episode “Doctor Knows Best"

#1COR #LapodUK #RosalindEnglish #JohnWhitting #Montgomery #InformedConsent

Ep. 63: Whose life is it anyway? Dignity in dying28 Jan 201900:21:08

Do terminally ill patients have the right to die at the time and place of their choosing, with the attendance of a medical practitioner? The ban on assisted suicide has raised one of the great moral questions of our time. The Chief Executive of Dignity in Dying, Sarah Wootton discusses their campaign to change the law with Rosalind English.

#1COR #LapodUK #RightToDie #Assisted Suicide #DignityInDying #SarahWooton #RosalindEnglish

Ep. 62: Court claims from the empire’s long shadow 21 Jan 201900:21:25

Last year the High Court ruled out claims against the British Government brought by people caught up in the Mau Mau emergency in Kenya in the 1950s. The allegations of brutality against guards employed by the Colonial Office were time-barred by the half-century that has elapsed since the events took place. Guy Mansfield QC represented the Foreign Office in this litigation and discusses the importance of the Limitation Act with Rosalind English.

#1COR #LapodUK #MauMauUprising #ForeignOffice #GuyMansfield #RosalindEnglish #Litergation #LimitationAct

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