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

This week we're sharing our live podcast recorded at Kilkenny Festival at the end of September. We visited Ireland to discuss the legal principle of liberty, specifically with regards to its application to the women detained in the Magdalene Laundries, with help from former Judge of the Supreme Court of Ireland, Marie Baker.

Law and Disorder is a Podot podcast.

Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.

Executive Producer: Nick Hilton.

Associate Producers: Lulu Goad.

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

What does the law say about industrial farming? Pigs are regularly being slaughtered via torturous exposure to carbon dioxide gas, despite stipulations that the animals must not undergo unnecessary harm. Although, the alternatives are not much less brutal.. So what is considered necessary harm? And when should the Government be taking action? Joining us to debate the ethics (and the law!) of the issue is CEO of Compassion in World Farming, Philip Lymbery.

Law and Disorder is a Podot podcast.

Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.

Executive Producer: Nick Hilton.<...

We're divided over the abolition of the Chancery Division. Should we be preserving this historical title, or should we embracing the new 'Business and Property Division' (effective October 1)? Joining us this week is the Former Lord High Chancellor, Robert Buckland, to encourage us to consider the value of the law's legacy.

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.<...

The Lindsay Clancy murder trial has received international public interest both for the questions it raises around postnatal wellbeing and support, as well as the recent declaration of a mistrial after the jury failed to reach a unanimous verdict. In January 2023, Clancy, a former neonatal and delivery nurse, had been accused of strangling her three children, all five-and-under. Earlier this month, the murder trial saw a split jury, 11-1, which has meant the case is yet to see closure. Now, we can but sit tight, and confer as to what might come next.

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A recently released Channel 4 documentary exposed footage of Nigel Farage and other Reform UK party members celebrating secret new foreign donations, thanks to undercover filming by investigative journalism group Verbatim. Shadow Minister for the Cabinet Office in the House of Lords, Baroness Simone Finn joined us at short notice to discuss the possible legal ramifications of these funding arrangements and express our dismay at the erosion of 'honorable' party politics.

Law and Disorder is a Podot podcast.

Hosted by: Charlie Falconer, Helena Kennedy, Nicholas Mostyn.

Executive Producer and editor: Nick Hilton.

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?

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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.

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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...

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...

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...

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.<...

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.

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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.

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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...

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...

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?

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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...

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.

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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 f...

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 isla...

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 c...

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?

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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.

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...

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.

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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 suggest a change of approach from the conservative majority court? The Law & Disorder triplets are joined, this week, by David D. Cole, one of America's leading constitutional law scholars (and friend of...

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 who continue to serve in Hong Kong are safeguarding other political prisoners or offering validity to a corrupt regime.

If you have questions, criticisms, praise or other feedback, please...

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 what defence they might mount.

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.

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 look squarely at human rights violations in Gaza. As ever, the Law & Disorder team are on hand to try to unravel some of the thorny legal aspects of this case, and consider what the future...

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 Mostyn clan: Henry Mostyn, a partner at Cleary Gottlieb, and a specialist in this corner of the legal maze.

This episode was generously sponsored by Cleary Gottlieb.

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 Britain's contentious immigration debate.

If you have questions, criticisms, praise or other feedback, please do send your thoughts to us via lawanddisorderfeedback@gmail.com!

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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 to protect people from digital abuse? Beeban Kidron – Baroness Kidron of Angel, to her peers in the upper chamber – is a film director who has become a campaigner for digital safety. She joins the...

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 Trump put the final nail in the coffin of the concept of international law? Or is there a defence for the operation via precedent or domestic law? The Law and Disorder trio – Charlie Falconer, Helena Kennedy and Nicholas Mostyn – assem...

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 ahead to the start of a new year. Are our legal norms being irreparably eroded? Or can the rules-based order reassert itself?

If you want to enter the...

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 understanding of complex issues like domestic abuse and coercive control evolve.

If you have questions, criticisms, praise or other feedback, please do send your thoughts to us via lawanddisorderfeedback@gmail.com!<...

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 alleviation of the backlog. Witty, insightful and wise, Baroness Hale's life will prove an inspiration to many.

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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 role of undercover personnel, the work of the Investigatory Powers Tribunal, and what balance must be struck between the question of national security and the safety and privacy of those...

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 Britain's common law system.

This event was kindly sponsored by Irwin Mitchell solicitors.

If you have questions, criticisms, praise or other feedback, please do send your...

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 on the hook for? Or is the American President using 'lawfare' to chill his media critics? Nicholas Mostyn, Charlie Falconer and Helena Kennedy gather to discuss this momentous collision of politics and...

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 Chambers, one of the UK's top employment barristers, who proves an expert guide through a thicket of legalisation with profound implications for how we all do business.

This episode is generously sponsored by T...