Double Jeopardy - The Law and Politics Podcast
By Double Jeopardy Podcast
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Double Jeopardy - The Law and Politics PodcastMay 14, 2024
Jessica Simor KC: Judicial Activism in the Age of Global Warming
Ken Macdonald and Tim Owen speak to Jessica Simor KC, an acclaimed specialist in public and regulatory law, EU law, competition law and human rights law.
The episode discusses the issue of whether litigation, whether before the European Court of Human Rights or domestic courts can be effective in addressing the challenge presented by climate change. They highlight two landmark cases in which Jessica Simor acted - one against the Swiss government and one against the UK government. The Swiss case saw a group of elderly Swiss women, bringing the case that they suffered personal health issues caused by heatwaves, and used litigation to hold their government accountable for climate change.
Tim and Ken further explore the UK case in the High Court in London recently which was brought by Friends of the Earth, Client Earth and the Good Law Project. Mr Justice Sheldon found the government was found to be falling short in meeting its obligations under the Climate Change Act 2008. The judicial review judgement held that the government had breached its duty under the Climate Change Act 2008 to adopt policies and proposals to enable legally binding carbon reduction targets to be met. Both cases marked a significant victory for climate activists.
A great episode around the urgency of combating climate change, the pressure on national governments for climate action and the influence of the Paris agreement on court decisions.
Jonathan Jones KC: Will the Rwanda Bill Work?
Ken Macdonald and Tim Owen react to the passage of the ‘Safety of Rwanda (Asylum and Immigration) Act 2024' with Jonathan Jones KC, former Head of the Government Legal Department and Senior Consultant in Public and Constitutional Law at Linklaters.
Episode 53: Nick Ephgrave - Meet the New Director
In his first broadcast interview, Ken Macdonald and Tim Owen discuss fraud, whistleblowers and disclosure with new Director of the Serious Fraud Office, Nick Ephgrave QPM.
Episode 52: John Bowers KC - The Power of Corruption
Ken Macdonald and Tim Owen discuss Boris Johnson and the degradation of the British State with author of ‘Downward Spiral’, John Bowers KC.
Episode 51: Hannah Quirk - The Problem with Criminal Justice
Ken Macdonald and Tim Owen discuss the need for a Royal Commission into Criminal Justice with Editor of the Criminal Law Review, Dr Hannah Quirk
Episode 50: Jo Phoenix - Gender and the Ducking Stool
Ken Macdonald and Tim Owen discuss cancellation and the politics of gender with criminologist Professor Jo Phoenix.
Episode 49: Secrecy in the Family Courts
Episode 48: Patrick Green KC - Mr Bates Beats the Post Office
Ken Macdonald and Tim Owen talk to victorious leading counsel for the post masters and mistresses, Patrick Green KC
Episode 47: Jonathan Jones - Stopping the Boats?
Ken Macdonald and Tim Owen discuss the Safety of Rwanda Bill and a parliament in wonderland with former Head of the Government Legal Department, Sir Jonathan Jones KC.
Episode 46: I. Stephanie Boyce - Leading the Law Society
Ken Macdonald and Tim Owen discuss access to law and legal aid deserts with past President of the Law Society, I. Stephanie Boyce
Episode 45: Jonathan Hall KC - Gaza and the Right to Protest
Ken Macdonald and Tim Owen discuss demonstrations, terror and the spectre of hate with Independent Reviewer of Terrorism Legislation, Jonathan Hall KC.
Episode 44: Frances Crook - Political Power and Penal Failure
Ken Macdonald and Tim Owen discuss political reform and the disaster of Britain’s prisons with Convenor of the Commission on Political Power, Frances Crook
Episode 43: Adam Wagner - Rwanda and the Rule of Law
In a special episode, we discuss the Supreme Court’s Rwanda ruling and the government’s response with legal commentator, Adam Wagner.
Episode 42: Alex Chalk KC - Speaking for the Government
Ken Macdonald and Tim Owen discuss sentencing, prisons and lefty lawyers with Secretary of State for Justice and Lord Chancellor, Alex Chalk KC
Episode 41: Angus McCullough KC - When Justice is Secret
In a special edition, Ken Macdonald and Tim Owen discuss secret trials and promises to Parliament with leading Special Advocate, Angus McCullough KC
Episode 40: Ian Winter KC - Can the SFO Work?
Ken Macdonald and Tim Owen discuss the Independent Review of Disclosure and Fraud Offences with leading fraud Barrister, Ian Winter KC.
Episode 39: Stuart Russell - AI in a World of Risk
Ken Macdonald and Tim Owen discuss the threat and promise of Artificial Intelligence with world-leading Computer Scientist, Professor Stuart Russell
Episode 38: Edward Garnier KC - When Justice Fails
Ken Macdonald and Tim Owen discuss Andrew Malkinson and miscarriages of justice with former Solicitor General Lord Edward Garnier KC
Episode 37: Robert Spano - The United Kingdom v Human Rights
Ken Macdonald and Tim Owen discuss the UK’s prickly relationship to the European Court of Human Rights with former President of the Court, Robert Spano
Episode 36: Melanie Phillips - Israel and the Politics of Law
Ken Macdonald and Tim Owen discuss the constitutional crisis in Israel with Times columnist and public commentator Melanie Phillips
Episode 35: Gavin Millar KC - Huw Edwards and the Limits of Privacy
Ken Macdonald and Tim Owen discuss newspaper ethics, private lives and the outing of Huw Edwards with leading media barrister Gavin Millar KC
Episode 34: Richard Moorhead - Lawyers Behaving Badly?
Ken Macdonald and Tim Owen debate ethics, the cab rank rule and regulating ex-Judges with Professor of Law and Professional Ethics Richard Moorhead
Episode 33: Dan Neidle - I’m the Taxman
Episode 32: Andy Verity- Telling the Truth about LIBOR
Ken Macdonald and Tim Owen discuss bankers, cover ups and a quest for justice with BBC Economics Correspondent, Andy Verity.
Episode 31: Akua Reindorf KC - Twisting the Law
Ken and Tim discuss intolerance, Stonewall and free speech in universities with employment lawyer and author of the Reindorf Report, Akua Reindorf KC
Episode 30: Sarah Wootton - Dying for the Law
Episode 29: Richard Ekins - Judges and Political Power
Ken Macdonald and Tim Owen discuss judges, power and parliamentary sovereignty with head of Policy Exchange's Judicial Power Project, Professor Richard Ekins KC (Hon)
Episode 28: Maya Foa - The Death Penalty, National Security and Terror
Ken Macdonald and Tim Owen discuss spies committing crimes and how to get rid of the death penalty with Director of Reprieve, Maya Foa
Episode 27: Dr Bryn Harris - Free Speech, Harm and the Internet
Ken Macdonald and Tim Owen discuss the Online Safety Bill and its threat to free speech on the internet with Chief Legal Counsel to the Free Speech Union, Dr Bryn Harris
Episode 26: Harvey Redgrave - The Met in Meltdown
Ken Macdonald and Tim Owen discuss Louise Casey’s incendiary report on the Metropolitan Police with crime and policing expert Harvey Redgrave
Episode 25: Joshua Rozenberg - Reporting the Law
Episode 24: Karon Monaghan KC - Sex, Lies and Women’s Rights
Ken Macdonald and Tim Owen discuss the Scottish Gender Bill and its potential impact on women’s rights with leading equality and discrimination barrister Karon Monaghan KC
Episode 23: Sir Nicholas Blake - Small Boats, Dog Whistles and the Law
Ken Macdonald and Tim Owen discuss the refugee crisis and its legal and political implications with leading immigration and asylum lawyer and former High Court judge, Sir Nicholas Blake.
Episode 22: Nick Vineall KC - Leading the Bar
Ken Macdonald and Tim Owen discuss media assaults on lawyers, improving diversity at the Bar, and why lawyers shouldn’t be State investigators with new Bar Chair, Nick Vineall KC
Episode 21: David Pannick KC - Defending The Law in Parliament
Episode 20: Sir Robert Buckland KC - Making Better Law
Ken Macdonald and Tim Owen discuss Dominic Raab and his Bill of Rights, reforming the office of Lord Chancellor, and why barristers were right to go on strike with former Secretary of State for Justice, Sir Robert Buckland KC
Episode 19: Bad Law for the New Year, with Sir Jonathan Jones KC
Episode 18: Helena Kennedy KC - Fifty Years Fighting
Ken Macdonald and Tim Owen discuss injustice, progress and the days of police impunity with legal legend Helena Kennedy KC
Episode 17: Clare Montgomery KC - Getting Away With Fraud
Episode 16: Andrea Coomber KC - The Prison Addiction
Ken Macdonald and Tim Owen discuss prison, parole and a relentless punishment arms race with Andrea Coomber KC, CEO of the Howard League for Penal Reform.
Episode 15: Brenda Hale - Judicial Independence and its Enemies
Ken Macdonald and Tim Owen discuss rights, politicians and populist attacks on the judges with Baroness Hale of Richmond, former President of the UK Supreme Court.
Episode 14: Hugh Tomlinson KC - What’s in a SLAPP?
Ken Macdonald and Tim Owen discuss SLAPPs, oligarchs, press regulation and the legend that was George Carman QC with leading media lawyer Hugh Tomlinson KC.
Episode 13: Hakeem Belo-Osagie - Africa Rising: Politics, Law and Sympathy For Russia
Ken Macdonald and Tim Owen discuss Africa’s rise, and why many Africans sympathise with Russia, with Harvard academic Hakeem Belo-Osagie.
Episode 12: Chaos
Ken Macdonald and Tim Owen discuss the chaos in Westminster, the resignation of Suella Braverman, and the threat of further cuts to the justice system.
Episode 11: Dominic Grieve KC - When Governments Trash the Law
Ken Macdonald and Tim Owen discuss the dangerous erosion of the rule of law under post Brexit Conservative governments with former Attorney General Dominic Grieve.
Episode 10: The US Supreme Court - Going Rogue?
Ken Macdonald and Tim Owen discuss the rightward lunge of the US Supreme Court with Lissa Muscatine, former Director of Speechwriting at the White House, Special Assistant to President Clinton and Senior Advisor to Secretary of State, Hillary Clinton.
Episode 9: Truss on Rights and Johnson on Trial
Ken Macdonald and Tim Owen discuss the collapse of the Bill of Rights legislation and the inquiry into Boris Johnson’s contempt of Parliament with Murray Hunt, Director of the Bingham Centre for the Rule of Law.
Episode 8: Dinah Rose KC - Appointing Supreme Court Justices. Is the System Working?
Ken Macdonald and Tim Owen discuss the mysterious way Supreme Court Justices are appointed with Dinah Rose KC
Episode 7: Pia Sarma, Chief Lawyer at the Times - Privacy, Press Freedom and the Rights of Oligarchs
Ken Macdonald and Tim Owen discuss press freedom and the right to privacy with Pia Sarma, the Editorial Legal Director, Times newspapers.
Episode 6: Jo Sidhu QC - Barristers, Strikes and the Crisis in Criminal Justice
Ken Macdonald and Tim Owen talk to Jo Sidhu QC, Chair of the Criminal Bar Association, about barristers on strike, the position of the judiciary, and the government’s siege on criminal justice.