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Law and Disorder
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, week.
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.
Executive Producer and Editor: Nick Hilton.
Associate Producer: Ewan Cameron.
Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey.
PR by Sally Jones.
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Sports with Nick De Marco KC
42:56|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.Media Freedom Under Siege
49:16|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.Climate Change and the Law
42:36|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.Tariffs
40:58|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.Non-Court Dispute Resolution
35:03|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.Is the Law Above You?
31:03|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.AI and the Law
42:05|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.Prosecuting Fraud
40:28|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.David Irving v Penguin Books and Deborah Lipstadt: 25 years on
39:24|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.