Law and Disorder

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 our Byzantine criminal justice system.Register for a ticket to Law & Disorder LIVE! – in association with Tideway – by clicking here.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 between Keir Starmer and Tony Blair and thoughts for combatting Reform, to whether he got on with Jonathan Sumption during the Hutton inquiry!Register for a ticket to Law & Disorder LIVE! – in association with Tideway – by clicking here.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 the tricky relationship with the man in the Oval Office.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 side of the pond. David D. Cole is a top US constitutional lawyer and former National Legal Director of the ACLU, who has brought challenges to the absolutist position of American state legislators; Hilary Cass is a retired paediatrician and author of the Cass Review into gender care in England, who now sits alongside Charlie and Helena in the House of Lords. In this discussion, they probe the position of both courts and the medical services, in the hope that clarity might be found in such a challenging issue.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 truth-teller. He joins the podcast this week to reflect on Trump's second term, America's historical relationship with the rule of law, and whether democracy is imperilled by forces within the White House.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 well as Professor Mike Barnes, a renowned neurologist with a particular interest in medical cannabis, and Peter Reynolds, president of the cannabis campaign group CLEAR UK.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 violations? Nick, along with Nicholas Mostyn, Helena Kennedy and Charlie Falconer, knock all these issues for six on an end-to-end episode of Law & Disorder.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 Kong businessman and media entrepreneur who has been imprisoned by authorities. Caoifhionn and Sebastien discuss their own struggle to free Jimmy Lai from where he is being held in solitary confinement, a case which illuminates the current assault on the rights and safety of those who hold the powerful to account.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 and Charlie are joined by Lord Carnwath, to discuss everything from Donald Trump's denialism to Tony Blair's interventions.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 Sunday, who is currently writing a book about American political history.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 Tom Carter, a barrister at 1 Hare Court.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 lawanddisorderfeedback@gmail.com!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, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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, a leading lawyer and author of How to Think About AI, and Gregory Mostyn, co-founder of a legal tool, Wexler, and scion of a great legal dynasty.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 specialising in fraud. From subjects like juries' comprehension of complex technical details to whether young lawyers aren't being financially incentivised to specialise in this area, this wide-ranging discussion asks important questions about whether we can do more to tackle white-collar crime. 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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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, Nicholas Mostyn, Charlie Falconer and Helena Kennedy convene at the offices of Mishcon de Reya in front of a live audience from the firm. They are joined by three special guests: Anthony Julius, who served as Prof Lipstadt's lawyer, James Libson, Managing Partner at Mishcon who was a junior on the case, and Deborah Lipstadt herself.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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' organisations, beliefs about the primacy of biological sex. But could the verdict have unintended consequences? And where does this leave the beleaguered trans community? Nicholas Mostyn, Helena Kennedy and Charlie Falconer discuss.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 – for a conversation about the state of play in our legal system, and whether more can be done to ensure the best possible application of the law across the board.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 whether the bar is still a fundamentally misogynistic institution. 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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 his career, whether we need a Leveson Part Two, and his new role looking into the ongoing crisis in Britain's courts system.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.

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 slimming down the trial process for more minor offences. Could this clear the backlog? Or does it risk jeopardising our jury-based justice system? As ever, Helena Kennedy, Charlie Falconer and Nicholas Mostyn are on-hand to ask the questions.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 podcast.Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.Executive Producer and Editor: Nick Hilton.Associate Producer: Ewan Cameron.Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.