Law and Disorder: News, politics and more, from a legal perspective
Law and Disorder is a weekly podcast that examines major news stories through a legal lens. Hosted by three prominent UK legal figures—Sir Nicholas Mostyn, Baroness Helena Kennedy, and Charlie Falconer—the show tackles topics like the Rwanda bill, the Gaza conflict, and privacy issues. Produced by Podot, it offers insightful analysis from a British legal perspective.
Episodes
Emergency Pod: Burnham's Early Release Scheme Conundrum
From October, new laws will see the early release of 5000 prisoners. The laws, introduced by the previous prime minister, Keir Starmer, aim to address overcrowding in the prisons. However, Burnham has faced intense pressure to intervene - particularly in the case of Jessie Cole and Albert Bowers. Sentenced to thirteen years in 2020 for the murder of PC Andrew Harper, the men are eligible to be rel
Understaffed and Overcrowded Prisons: Where do we go from here?
What state are our prisons really in? At 98% capacity but with a 68% reoffending rate (for shorter sentences), it seems punishment we're good at, but rehabilitation we are not, nor are we freeing up space for other convicts, which in turn would help tackle the great criminal court backlog. To help us understand where we're headed - or where we'd like to be - we're joined this week by the head of t
Living Wills and Powers of Attorney: Who determines when life support stops?
Accidents happen all the time, but how many of us have taken measures to ensure the life support machine is kept on (or turned off) according to our compos mentis desires? This week we are joined by Celia Kitzinger, founding co-director of the Open Justice Court of Protection Project and an honorary professor in the School of Law and Politics at the University of Cardiff, to discuss the merits and
Don't Forget the Pet: does family law need to be amended for our animal friends?
Dealing with pets on divorce seems to be an 'if you know you know' area of the law - and it's not a big area. There is very little in place to protect pets and their owners upon relationship breakdown and far too often, the process is worsened or prolonged significantly due to the fight for cat custody. With us to discuss what they describe as 'one of the fastest-growing and most emotionally charg
Prince Harry v the Daily Mail: has this judgment saved press freedom?
The judgment has been passed down in a case involving a number of high profile litigants (Prince Harry, Doreen Lawrence and Elton John among them) versus Associated Newspapers, publishers of the Daily Mail. Judge Mr Justice Nicklin dismissed the allegations of unlawful information gathering, in what is being heralded, by some, as a verdict that defends press freedom. For others, however, it will s
Southampton and Spygate: is football playing by its own rules?
In early May, Southampton FC was investigated for an alleged case of spying on Middlesbrough before a championship play-off tie. After a whirlwind investigation, the League Arbitration Panel found that the club had "intended to obtain a sporting advantage over their league rivals by cheating" and Southampton was barred from playing in the championship final. Commercial sports and entertainment law
100 Years of Adoption
This year marks a century since the creation of the first legal framework for adoption in England and Wales through the Adoption of Children Act 1926. This week we hear from the former High Court judge of the Family Division, Sir Mark Hedley, as well as former Conservative minister, Michael Gove - who also happens to be adopted - to find out more about adoption legislation over the years; what wen
Palestine Action Ban & Jailed 'Filton 4' Activists
A lot has changed for Palestine Action since our last recording on the topic in February. Last week, the Court of Appeal ruled that the Government ban on the pro-Palestine direct-action group was lawful, and just days before, a group of Palestine Action activists, 'the Filton 4', were jailed for targeting Elbit Systems, Israel's largest weapons manufacturer, in protest against the war in Gaza. Cha
From Prime Minister to prisoner: Will Imran Khan survive Pakistani jail?
In February, the news broke that the former Pakistan Prime Minister and cricketer, Imran Khan, was going blind in prison. Stuck in solitary confinement, the 73-year-old may or may not be receiving sufficient healthcare, and after three years behind bars, the world is wondering whether the the Pakistani Government will take action to prevent Khan from dying there. Pakistan historian, author and bio
The Overhaul of Family Law: Will there be a fairer end to relationships?
At the end of March, the UK Government launched an initiative to overhaul the family justice system. Why? The law hasn’t kept pace with the realities of modern families, the Government says, leaving many without rights and facing financial hardship. So what does this initiative aim to do? Former president of the family division, Sir Andrew McFarlane explains that its goal is to move away from adve
Who Owns the Moon?
We recently discussed who rules the waves in our episode 'The Law of the Sea' and it got us thinking.. who owns the moon? Foreign affairs and security expert, Baroness Catherine Ashton joins us this week to explore the cosmos. We look back on the launches of Sputnik 1 and 2, in the year that our host Nicholas Mostyn was born (1957), and consider how space science, travel and technology has changed
The Life of Theodor Meron: The Godfather of International Humanitarian Law
Growing up in Nazi-occupied Poland, Theodor Meron had unsurprisingly very limited access to education. But with the help of family in then Palestine, Meron got a place at the Hebrew University in Jerusalem, and, well, the rest is history. From roles as a legal adviser of the Israeli Ministry of Foreign Affairs - and sharing some "controversial" opinions on the rights of Palestinians - to being a j
Sir Bill Browder on the battle for international human rights
Formerly one of the largest portfolio investors in Russia, Sir Bill Browder began his foray into political activism after the lawyer Sergei Magnitsky was killed in Russian prison for investigating a raid on Browder's Moscow offices. Almost two decades later and the American-British activist has created laws, rescued hostages and received a knighthood, all whilst facing death threats, INTERPOL arre
The Modern-Day Porn Industry: How extreme content is avoiding regulation
The creation and consumption of porn has always had relatively negative connotations. But today, more than ever, the industry is facing criticism as prolific algorithms push extreme videos to everyone young and old. The issue came to the fore in 2024 when French woman, Gisèle Pelicot waived her anonymity as the victim in a multiple rape case involving her husband and several strangers; that was th
Chagos Checkmate: How did a remote island group become a pawn in the great geopolitical chess game?
There has been much commentary lately about the role of the Chagos Islands – and particularly Diego Garcia, where there is a US military base – as a pawn in the geopolitical chess game unfolding currently across the Middle East and beyond. But the legal position of the Chagos Islands is not simple: a French territory, as part of Mauritius, then a British territory, then an overseas dependency and
The Law of the Sea: how the Strait of Hormuz became a legal, and literal, battleground
Since hostilities between the United States, Israel and Iran developed into armed conflict, one of the key points of contention has been access to the Strait of Hormuz. One of the world's most important shipping lanes, the channel – which is just 21 to 24 miles across at its narrowest point – separates Iran from Oman. It has been subject to closure, from the Iranians, and blockade, by the American
The Death of Assisted Dying
Returning this week after our Easter break, we find ourselves returning to the topic of assisted dying. Charlie has been one of the architects of an attempt to get assisted dying legalised in the UK, but after a long process and very public debate, the bill has been scuppered on his own turf in the House of Lords. How did this happen? What does it tell us about the intersection of morality and leg
Remembering James Munby
On New Year's Day 2026, Sir James Munby, former President of the Family Division, died at the age of 77. Here, the Law & Disorder trio pay tribute to James and reflect on his long and storied career.Law and Disorder is a Podot podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss
The Iran Crisis
This week we're returning to the ongoing crisis in Iran with Nicholas and Helena joined by Ken Roth, formerly the executive director of Human Rights Watch. Are the United States violating international law with their reprisals against Iran's nascent nuclear programme? Does Israel have a valid case for taking pre-emptive action against Tehran? And do the international courts have the legal teeth to
International Law Under Threat (Again)
The crisis unfolding across Iran and the Gulf nations poses many questions. First amongst those is whether the United States and Israel were in breach of international law for their pre-emptive strikes on Tehran. To consider this – and place it in a historical context alongside the Caroline affair, the Suez Crisis and the Iraq War – the Law & Disorder assemble from around the globe.If you have
Trump's Tariffs v the Supreme Court
This week we're looking at the decision of the United States Supreme Court to go against President Trump in a ruling which contests his power to unilaterally set tariffs. The case could have significant financial consequences and is being heralded as a possible turning point for a court that's often seen as excessively political. But what was in the nitty-gritty of the judgment? And does it really
The Persecution of Jimmy Lai
In light of Hong Kong businessman and media tycoon Jimmy Lai being sentenced to 20 years in prison under China's National Security Law (a conviction for fraud was overturned after the recording of this episode), we wanted to return to the story of one of the great modern human rights injustices. Helena, Charlie and Nicholas discuss the plight of Jimmy Lai and his family, and whether British judges
Mandelson, Mountbatten-Windsor, and Malfeasance
This week we're talking about another subject that's been dominating headlines: the release of the Epstein files and the implication of Peter Mandelson and Andrew Mountbatten-Windsor in potential abuses of public office. The Law & Disorder trio gather to try and unpick the potential charges the two could face (the episode was recorded prior to Mountbatten-Windsor's arrest on February 19th) and
Palestine Action
One of the most controversial legal stories of the last few months has been the arrest and charging of a number of demonstrators linked to the pro-Palestine group, Palestine Action. To some, their strategies have strayed beyond protest and civil disobedience and into more dangerous territory, but, to others, they are the victims of an over zealous suppression enforced by a society reluctant to loo
Competition Law
It might lack the dark glamour of criminal law or the ideological appeal of human rights law, but competition law is an important part of the systems that underpin our society. But in the modern age – with tech oligarchs becoming ever more influential – does it have the teeth to prevent monopolies forming? To discuss this, Helena Kennedy and Nicholas Mostyn are joined by another esteemed member of
The Immigration Debate
British politics seems increasingly dominated by issues surrounding immigration. With Reform surging in the polls and the 'small boats crisis' never far from the headlines, it's more important than ever to give a fair hearing to the legal and moral framework behind immigration. To do so, Helena, Charlie and Nicholas are joined by Enver Solomon, outgoing CEO of the Refugee Council and an expert in
The Social Media Crisis (with Beeban Kidron)
Australia has recently introduced a ban on under-16s using social media, a measure that has considerable support here in the UK. But does it really tackle the core issue of Big Tech companies exposing children to addictive algorithms and dangerous content? Has the government been captured by shiny technology companies and the promise of jobs and investment? Or is there something that could be done
The Capture of Maduro: is international law dead?
On January 3rd 2026, the United States launched an audacious mission to capture Venezuelan president Nicolás Maduro and bring him back to the US to stand trial on charges related to "narcoterrorism". The operation has shocked the world, with some quarters celebrating the toppling of an illegitimate, authoritarian regime, and others decrying the flagrant abuse of international law. Has President Tr
2025: The Year in Law
2025 has been a hugely consequential year, with troubling assaults on the Rule of Law in the US as well as challenges to international law in the Middle East and Ukraine. Closer to home, the UK justice system continues to creak under the weight of the backlog. With so much happening, the Law & Disorder team gather (remotely) one last time for 2025, to look back over the past 12 months and ahea
The Misconduct Dilemma: how should abuse be reflected in financial remedy proceedings?
Should misconduct be taken into account when an equitable division of assets is being attempted following a divorce? That's the question we're dealing with today, as Nicholas Mostyn – and old hand in these affairs – and Helena Kennedy are joined by Anita Mehta, a barrister and co-host of Talking Family Law. Together they talk about the law as it was, is and could possibly be, as our understan
The Life and Times of Brenda Hale
Baroness Brenda Hale is one of the most experienced legal minds in the country. Having served on the Supreme Court (including a stint as the first female President) she joins this week's podcast to reflect on her storied career, the times when she came up against certain podcast hosts in court, and some of the pressing issues facing the justice system, from the future of jury trials to the allevia
Beth v The Security Service: do we have the right checks on investigatory powers?
There has been much in the news in recent years about undercover police work, with the public shocked by the level of intrusion permitted. Charlotte Kilroy KC, our guest today, is an expert on this subject, and has recently represented a woman, Beth, whose partner allegedly used his status as an informant for MI5 in order to inflict domestic abuse. In this wide-ranging discussion, the team look at
The Future of the Jury Trial (live from Ripon Cathedral!)
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 Bri
Trump v the BBC: can the President really sue the BBC?
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 o
The Employment Rights Bill
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 Chamber
Israel and International Law (with Jonathan Sumption)
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
The Hillsborough Law
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. T
The Afghan Superinjunction
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 s
Events on Planet Tax (with Dan Neidle)
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
SLAPPed
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
Setting the World to Rights with Alastair Campbell
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 o
Trump v CASA
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 injunct
Gender Dysphoria Treatment for Children
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 comp
Trump and the Rule of Law with Anthony Scaramucci
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
Cannabis
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 de
Sports with Nick De Marco KC
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
Media Freedom Under Siege
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 acc
Climate Change and the Law
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 polit
Tariffs
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 compensa
Non-Court Dispute Resolution
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
Is the Law Above You?
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
AI and the Law
On this week's episode of Law & Disorder we're considering one of the big societal issues of the 2020s: the emergence of Artificial Intelligence (AI). What challenges does it pose the law? And what possible advantages could be reaped? Will it be used to augment current practices? Or will it entirely refashion how the law works? To discuss this, our intrepid trio are joined by Richard Susskind,
Prosecuting Fraud
What are the challenges of prosecuting fraud, in cases where the disclosure documents might make War and Peace look like a flimsy little pamphlet? That's the question being consider this week on Law & Disorder and to get to the heart of this, the gang – Nicholas Mostyn, Charlie Falconer and Helena Kennedy – are joined by James Hines KC, one of the country's most experienced lawyers specialisin
David Irving v Penguin Books and Deborah Lipstadt: 25 years on
This April marks the 25th anniversary of a landmark case in which the British historian and Holocaust denier David Irving sued American Professor Deborah Libstadt, and her publisher Penguin Books, for defamation. What proceeded was a 9 week trial which established a definitive judgment on Irving's historiography – not to mention his anti-semitism. For this special episode of Law & Disorder, Ni
For Women Scotland v The Scottish Ministers
This week, the Supreme Court passed its judgment on the case of For Women Scotland Ltd v The Scottish Ministers. The case challenged the assumed definitions of 'man' and 'woman' in the Equality Act 2010 and has provoked considerable commentary. The Supreme Court's verdict – delivered by Lord Hodge – appears to have vindicated the the campaigning of For Women Scotland, and other 'gender critical' o
Barbara Mills KC: Raising the Bar
Our guest today, Barbara Mills KC, is the new Chair of the Bar Council, the first black woman to hold this post in the organisation's 131-year history. She is also one of the few family lawyers to assume this role, giving her a unique perspective of the challenges facing barristers in the present moment. She joins the Law & Disorder trio – Nicholas Mostyn, Helena Kennedy and Charlie Falconer –
Dr Charlotte Proudman v the Old Boys' Club
Our special guest on today's episode of Law & Disorder is Dr Charlotte Proudman, a family law barrister, campaigner, and author of a new book, He Said She Said: Truth, Trauma and the Struggle for Justice in Family Court. In this interview, Helena Kennedy, Nicholas Mostyn and Charlie Falconer explore Charlotte's history with the law, some of her most striking cases, and the key question of whet
The Life and Times of Sir Brian Leveson
Sir Brian Leveson has been one of the most publicly prominent legal minds of the 21st century. From his early days prosecuting the likes of Ken Dodd and Rose West, Sir Brian became a household name when he chaired the Leveson Inquiry into the culture, practices and ethics of the British press. In this wide-ranging interview, he talks to Nicholas Mostyn, Helena Kennedy and Charlie Falconer about hi
The Criminal Cases Backlog
Our courts are in crisis, with a sentencing backlog stretching to unthinkable lengths. To discuss this issue, the Law & Disorder trio are joined by Alex Chalk KC, who was Lord Chancellor and Secretary of State for Justice until the summer, and Lord Thomas, a former Lord Chief Justice of England and Wales. They are proposed a radical new programme for dealing with this backlog, involving slimmi
Mailbag: Trump, tax and tenuous tidbits
It's time for the Law and Disorder crew – Nicholas Mostyn, Charlie Falconer and Helena Kennedy – to plunge into the Mailbag once again and answer your correspondence. You've been appalled by Donald Trump's desecration of the rules-based order, delighted by Dan Neidle's forensic tax analysis, and otherwise moved to correspond on a wide range of issues. As ever, do keep the emails coming – we love t
House of Lords Reform
With two upper chamber inhabitants amongst our hosting roster, it seems only right that the Law and Disorder crew discuss reform to the House of Lords. Lord Falconer, Baroness Kennedy and (meagre) Sir Nicholas are joined by Tom Strathclyde, 2nd Baron Strathclyde, to interrogate the purpose of our unelected chamber and whether, after a 27-year grace period, the last hereditary peers might, finally,
The Flight of the Tate Brothers
Andrew Tate and his brother Tristan have been accused of serious crimes – including trafficking – in Romania, where they lived and have spent the past 2 years under a travel ban. Yet, this week the brothers flew to Florida after Romanian authorities returned their passports. Does this mean they will evade justice? How did the Romanian legal system allow this to happen? And what does this tell us a
The Collapse of the Rules-Based Order
This week has seen further desecrations of the established order, led by President Trump, whose remarks about Russia and Ukraine have sent shockwaves across Europe and the world. Is the rules-based order collapsing? And can the law stand strong in the face of raw power being exerted so recklessly? Nicholas Mostyn, Helena Kennedy and Charlie Falconer convene to discuss an historic, and depressing,
Israel and the Occupied Territories
On this episode of Law & Disorder we welcome back Kenneth Roth, the distinguished former Executive Director of Human Rights Watch and author of the new book Righting Wrongs. Alongside Helena Kennedy, Charlie Falconer and Nicholas Mostyn, Professor Roth talks through the fraught legal situation surrounding the Israeli occupation of Palestinian territories and whether there's a resolution on the
Dan Neidle v Nadhim Zahawi
Dan Neidle – poacher turned gamekeeper (although not in his own estimation) – has gone from Head of Tax at Clifford Chance to the scourge of tax shy plutocrats. He joins this week's Law & Disorder to sit down with Nicholas Mostyn, Helena Kennedy and Charlie Falconer and discuss his successes in revealing the dodgy dealings of a former-Chancellor of the Exchequer, as well as a certain Italian j
Anonymity of Judges
When the full, horrific details of the treatment of Sara Sharif, which culminated in her tragic death, came to light, an order was made to anonymised the family judges who had allowed her to return to her father's custody. The decision shocked the legal word and has been appealed by journalists and broadcasters, including Louse Tickle and Hannah Summers, who join Law & Disorder to discuss thei
President Trump and the Law
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
Financial Remedies on Divorce
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 sep
Sara Sharif
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
Racism and the Law
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 ou
The ICC Warrants Against Benjamin Netanyahu
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 wheth
The Assisted Dying Debate
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 do
Mailbag: interim measures, incitement and inequality (in speaking time!)
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 Moh
Donald Trump vs the Rule of Law
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
The Court of Protection
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 capac
EMERGENCY: The Shooting of Chris Kaba
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 qu
Should we leave the ECHR? With Jonathan Sumption
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 sov
The Crimes of Mohamed Al-Fayed
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 perpe
Hong Kong with Jonathan Sumption
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
Law of Yore: Caroline Norton
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
