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Law and Disorder
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 about the further degradation of the rule of law in the United States under President Trump? Charlie Falconer, Helena Kennedy and Nicholas Mostyn convene (during their half-term break) to discuss this worrying story.
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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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.For Women Scotland v The Scottish Ministers
33:05|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.Barbara Mills KC: Raising the Bar
34:25|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.Dr Charlotte Proudman v the Old Boys' Club
44:33|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.