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Law and Disorder: News, politics and more, from a legal perspective

Podot

Law and Disorder is a new weekly podcast looking at the biggest issues in the news through the prism of the law. We've brought together three of the UK's best legal minds: recently retired High Court judge Sir Nicholas Mostyn, barrister and human rights campaigner Baroness Helena Kennedy, and Charlie Falconer, a Labour peer and former Lord Chancellor.

Subscribe now for weekly episodes disentangling the thorniest of subjects, from Rishi Sunak's Rwanda bill to the situation in Gaza, via Post Office scandals, Prince Harry and privacy and much, much more.

Law and Disorder is a Podot podcast.

Hosted on Acast. See acast.com/privacy for more information.

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August 14 · 35 min
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 released immediately under the new laws. So how must Burnham navigate this dilemma? And how do we fix the wider problem with our prisons? Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producers: Lulu Goad, Ewan Cameron Hosted on Acast. See acast.com/privacy for more information.
July 22 · 36 min
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 the Howard League for Penal Reform. Andrea Coomber KC. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producers: Lulu Goad Hosted on Acast. See acast.com/privacy for more information.
July 15 · 41 min
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 demerits of the Advance Decision to Refuse Treatment (ADRT), or living will, the legally binding document used to refuse specific medical treatments in the future if one loses the capacity to make or communicate decisions. Our conversation, of course, is kicked off by a scene from one of our favourite American medical dramas, The Pitt. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producers: Lulu Goad Hosted on Acast. See acast.com/privacy for more information.
July 11 · 31 min
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 charged issues in modern family practice' are co-authors of a 'Practical Guide to Pets on Divorce for Family Lawyers', Sadie Glover and Estella Newbold-Brown, as well as family barrister Sarah Lucy Cooper, the co-founder of a working group on pets on divorce and separation alongside Estella. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producers: Lulu Goad Hosted on Acast. See acast.com/privacy for more information.
July 8 · 22 min
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 simply license further outrageous behaviour on behalf of private investigators and media organisations. To discuss this, the Law and Disorder team are joined by Charlie Moloney, legal commentator and co-author of McNae's Essential Law for Journalists, and get a dispatch from within the courtroom from Sian Harrison. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producers: Lulu Goad Hosted on Acast. See acast.com/privacy for more information.
July 1 · 26 min
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 lawyer, and CAS arbitrator, Jeff Benz joins us to help us determine whether this was indeed a just punishment. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producers: Lulu Goad Hosted on Acast. See acast.com/privacy for more information.
June 25 · 32 min
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 went right, what went wrong, and what could (and should) change in the century to come. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producers: Ewan Cameron & Lulu Goad Hosted on Acast. See acast.com/privacy for more information.
June 23 · 31 min
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. Charlie and Nicholas unpack the law around the recent events and share their expert thoughts on the respective rulings. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Hosted on Acast. See acast.com/privacy for more information.
June 17 · 40 min
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 biographer, Victoria Schofield joins us this week, alongside lawyer Shahzad Akbar, to help us determine whether there might be a way out for Khan, or whether history is repeating itself.. In this episode we include an exclusive interview with former Australian test captain Greg Chappell who coordinated the publication in February of an open letter from 14 former Captains from almost the entire spectrum of Test-playing countries, pleading with the Pakistani government to show Imran Khan some fairness and humanity in his treatment. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producer: Lulu Goad Hosted on Acast. See acast.com/privacy for more information.
June 10 · 34 min
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 adversarial hearings to focus on the child and make way for a fairer end to relationships. He and the broadcaster, commentator and family mediator, Joanna Gosling, join us on this week's episode to help us predict the future of family law. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producers: Lulu Goad Hosted on Acast. See acast.com/privacy for more information.
June 3 · 36 min
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 since. But most importantly, we ask the burning question - what should we expect for the future? Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producers: Ewan Cameron, Lulu Goad Hosted on Acast. See acast.com/privacy for more information.
May 27 · 42 min
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 judge for the United Nations Criminal Tribunal, there is almost nothing the 96-year-old hasn't done; he's even writing poetry! As our guest on this week's episode, Theodor Meron regales us with the story of his life and how he came to be the 'godfather' of international humanitarian law. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producers: Ewan Cameron, Lulu Goad Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.
May 20 · 32 min
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 arrest warrants, and a Russian prison sentence in absentia. Sir Bill joins us to tell us the story from start to end, and shares his reflections on the endless battle for international human rights. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Hosted on Acast. See acast.com/privacy for more information.
May 13 · 42 min
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 the moment the world was forced to consider the impact that violent and abusive sexual content online could have. Just last year, the UK put into place their Online Safety Act, requiring age verification for the use of porn sites. It seemed then that a significant step had been taken to protect individuals against consuming and replicating such extreme scenes. But in January a CNN investigation into an online 'rape academy' revealed just how prominent the issue remained. One of the Senior Reporters on the story, Kara Fox, joins us for this episode, as well as House of Lords peer, Baroness Gabby Bertin, who shares with us her insight into leading an independent review into the regulation of online pornography for the UK Government. Law and Disorder is a Podot podcast. Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn. Executive Producer and editor: Nick Hilton. Associate Producers: Ewan Cameron, Lulu Goad Music by Richard Strauss, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information. Hosted on Acast. See acast.com/privacy for more information.
May 6 · 37 min
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 finally, in the 1970s, the subject of a mass deportation of locals. It is a tortured history that has led to court cases over the right to return, the position of the islands' self-determination and the lease for strategically important airbase on Diego Garcia. The lawyer and writer Philippe Sands was counsel for the Mauritian government for many years, and he joins the podcast to discuss the long struggle of the Chagossians in the face of international headwinds. 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.
April 29 · 30 min
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 Americans, all of which makes it a fraught case study for the complex, yet important, world of maritime law. To talk us through everything from 17th century piracy to the Cod Wars of the 20th century, we're joined by James M. Turner KC, a noted expert in this area. 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.
April 22 · 31 min
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 legislation? And where next for proponents of assisted death? 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.
March 28 · 14 min
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, arranged and performed by Anthony Willis & Brett Bailey. Hosted on Acast. See acast.com/privacy for more information.
March 21 · 41 min
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 ever take men like Trump, Netanyahu and Putin to task for their flagrant disregard for geopolitical norms? 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.
March 14 · 37 min
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 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.

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