Double Jeopardy - The Law and Politics Podcast
The prosecution: Ken Macdonald KC and Tim Owen KC
The defendant: British politics, the legal system and the media.
The charges: You’ll have to listen to find out.
With decades of experience behind them, Ken and Tim bring you an insider’s analysis of the latest legal battles, high-profile cases, and emerging political issues happening across Britain.
This is ‘Double Jeopardy’, The Law and Politics Podcast.
Episodes
The Daily Mail Goes to Strasbourg
Is the cost of litigating free speech issues in the UK disproportionately high and what reforms might address the problem?
In this episode of Double Jeopardy, Ken Macdonald and Tim Owen, together with leading media lawyer Gavin Millar KC, debate the irony of the Daily Mail’s recent victory before the the European Court of Human Rights over the issue of the costs incurred in unsuccessfully defending the paper in high profile defamation and privacy claims. They explore the chilling effect of the eye-wateringly high legal costs involved in High Court litigation and Gavin suggests some radical reforms of the current system in order effectively to maintain the right balance between the right to freedom of expression and the right to defend privacy and reputational rights.
The trio also discuss Carole Cadwalladr’s pending case before the Strasbourg Court, the prospect of Labour enacting anti-SLAPP laws and the likelihood of bringing the Online Safety Act 2023 into full force given its potential to generate conflict with the Silicon Valley Broligarchy.
Tune in for an engaging conversation on media law, free speech, and the political dilemmas facing a new Labour government.
20/11/24•31m 55s
Lucy Letby, Fair Trials, and a Conservative Path to Justice
Join Ken Macdonald and Tim Owen in this episode of Double Jeopardy as they discuss significant legal developments, including the recent Court of Appeal judgment roundly rejecting Lucy Letby’s argument that pre-trial publicity made her retrial unfair. Are jurors really unaffected by prejudicial media reports?
They also look at the fascinating political journey of the new Shadow Secretary of State for Justice, Robert Jenrick. Is his hard-right act real, or a pose? And why has Kemi Badenoch appointed someone whose trademark policy is withdrawal from the ECHR?
Finally, they check out new guidance issued by Attorney General Richard Hermer about the approach he wants government lawyers to take when they’re weighing legal arguments. Is this real change or just window dressing?
13/11/24•28m 55s
Defending Diversity and Defining a Woman
Barristers’ Core Duty Eight currently requires members of the Bar not to discriminate unlawfully against any person. However, the Bar Standards Board now wishes to go further and create a new duty requiring barristers positively to advance equality, diversity and inclusion in their professional lives.
In this episode of Double Jeopardy, hosts Ken Macdonald and Tim Owen look at the row this proposal has sparked. Joining them is Karon Monaghan KC, a barrister specialising in equality and human rights law from Matrix Chambers, who provides insight into the implications of the proposed change, arguing that it does not represent the unwelcome imposition of a contested (American) ideology originating in the frenetic racial politics of that country, but is simply a necessary evolution in the duty to promote a diverse and inclusive bar. She suggests that reasonable steps towards progress, rather than quotas in all but name, are the goal.
The episode also covers recent legal developments impacting women’s sex-based rights. And as she prepares, along with Beth Grossman, to argue a landmark case in the Supreme Court, which will determine once and for all the legal definition of a woman, Karon provides insight into a pivotal question: Should a trans woman with a Gender Recognition Certificate be legally recognised as a woman under the Equality Act? The answer will have major ramifications for all sex-based rights in the UK.
Tune in to hear Ken, Tim, and Karon navigate the legal complexities surrounding EDI and Core Duty Eight and explore what these shifts might mean for the future of barristers’ professional obligations.
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06/11/24•32m 15s
No Money for Justice and Chris Kaba: Part 2
With every aspect of our criminal justice system – the police, courts, prison system and probation service – in a state of apparently permanent crisis thanks to 15 years of systemic underfunding, there seems little hope of fundamental change any time soon.
Amidst the turmoil, Danny Shaw - a prominent voice in reporting and analysing criminal justice issues for 31 years at the BBC and, more recently, as an advisor to Home Secretary Yvette Cooper - now finds himself shaping the very policies he once analysed. His unique experience, from the newsroom to influencing Labour’s criminal justice agenda, sets the stage for a profound exploration of the reality of reforming our crippled justice system.
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen sit down with Danny to dissect the formulation of Labour's crime policies and the continuing controversy arising from the shooting of Chris Kaba.
Together, they navigate the delicate balance between political rhetoric and the practical realities of implementation without any promise of increased spending on justice.
As they unravel these intricate dynamics, the discussion shifts to the broader debate on policing, highlighting the legal and moral dilemmas that arise in high-stakes, high-pressure situations. Against the background of the acquittal of Met Police Firearms officer Martyn Blake for the shooting of South London gangster Chris Kaba, the trio discuss the law of self-defence, prosecutorial discretion and police accountability, critically assessing whether current legislation adequately protects the police and whether proposed reforms go far enough to address the root issues of trust and transparency within the justice system.
In a lively debate, Danny explains why he agrees with Met Commissioner Sir Mark Rowley’s strong attack on the CPS for charging Martyn Blake and why he thinks Ken and Tim are wrong to believe that the DPP does not require fresh guidance to ensure that the police officers only face criminal charges when the law and the evidence supports a charging decision.
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30/10/24•42m 8s
The Shooting of Chris Kaba and Failing the Victims of Mohamed Al-Fayed
Metropolitan Police firearms officer Martyn Blake has been acquitted of the murder of gangster Chris Kaba. He may still face the sack because the Independent Office for Police Conduct can pursue disciplinary actions even after a criminal acquittal. How does this process work? And what are the complexities in cases like this? Were the CPS right to prosecute and how does the law of self-defence impact the actions of armed officers?
Ken Macdonald and Tim Owen are back to discuss these and other questions arising from police shootings. They look at the role of the CPS in deciding to prosecute police officers, and historical cases like that of Jean Charles Menezes. Do the rules around the prosecution of police officers need to change? Would the public really have confidence in a system that offered special protection from prosecution for police officers?
In this episode they also consider the growing scandal of Mohamed Al-Fayed’s apparent serial sex offending, and the atrocious police response to the complaints of scores of women.
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24/10/24•29m 50s
Law, Psychiatry and Murder
In recent episodes of Double Jeopardy, Ken Macdonald and Tim Owen have focused on the massive publicity surrounding the trial of Lucy Letby, and on the barrage of criticism of the expert medical evidence used by the prosecution to prove that babies were deliberately harmed by Lucy Letby, rather than dying of natural causes in circumstances where premature babies are uniquely vulnerable to medical crisis.
In this episode Ken and Tim are joined by Dr Richard Latham, an NHS consultant forensic psychiatrist and expert witness who has huge experience of complex psycho-legal issues in criminal trials. In their discussion, they look at the duties and responsibilities of medics and scientists giving evidence in criminal proceedings.
How is a diagnosis of mental disorder or mental illness made where intent is a key issue? What is required for establishing the partial defence to murder of diminished responsibility, and how does it differ from insanity? What are the professional and ethical duties that apply to experts instructed by the defence or the prosecution? And can it ever be appropriate for experts to speak out about a case they weren’t involved in, when they haven’t seen all the case materials?
16/10/24•46m 19s
Naomi Campbell’s Philanthropy and Robert Jenrick’s Stupidity
As political rhetoric in the UK takes an alarming turn, Robert Jenrick’s recent statements link the European Convention on Human Rights (ECHR) to British soldiers committing unlawful killings abroad. These claims have drawn fierce criticism, with experts warning that such accusations not only distort reality but also endanger military personnel in the field.
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen take a deeper look into the risks Jenrick’s assertions pose, not just for the reputation of the UK's armed forces, but for international law and military operations. The conversation also touches on the broader debate about the role of the ECHR and whether Britain should distance itself from the convention altogether.
The pair then shift focus to Naomi Campbell’s charity, Fashion for Relief, which recently has come under intense scrutiny. The Charity Commission’s report has revealed a startling financial mismanagement, where only a small fraction of donations reached the intended causes. With millions raised but minimal impact, Ken and Tim unravel the findings, raising important questions about accountability and transparency in the world of celebrity philanthropy.
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09/10/24•26m 25s
Ian Burnett on Punishment, and the Disgrace of Mohamed Al-Fayed
In the latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Lord Burnett of Maldon, the former Lord Chief Justice of England and Wales, to talk about punishment and the British addiction to prison.
As one of five co-authors of a significant report on the subject (published by the Howard League in September) Lord Burnett shares his insights on the need for change in our approach to sentencing, the challenges within our overcrowded prisons, and the societal implications of the current punitive system. Together, the trio explore key questions such as why prison sentences have doubled in length over the past 50 years, whether longer sentences truly reduce crime, and the impact of political decision-making on our justice system.
Ken and Tim also turn their attention to the damning allegations surrounding the late Mohamed Al-Fayed and the wider implications this case holds for the criminal justice system. This major scandal is just beginning.
02/10/24•53m 39s
Diversity, Orwell and the Death of Satire
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Akua Reindorf KC, a discrimination law expert at Cloisters Chambers, to discuss the Bar Standards Board's proposal to change a core duty of barristers from the requirement that they ‘should not unlawfully discriminate’ (which would be illegal), to a positive duty that they must ‘advance equality, diversity and inclusion in their practices’ (which is not a legal requirement).
The trio explore the implications of this change, and of the challenges it presents, not least because of the contested nature of EDI ideologies. They ask: Is this new duty just the latest manifestation of US racial politics gaslighting a Europe less tuned to its puritanical and divisive world view? And has the Bar Standards Board foolishly fallen victim to transatlantic ideological fashion, in a landgrab that will cause anger, confusion and dissent?
They also look at Labour Party politician David Blunkett’s potential role in leading a government review of sentencing policies, reflecting on his draconian contributions to increased sentencing over decades. Is the news of his potential appointment another nail in the coffin of satire?
24/09/24•30m 16s
Rape Trials in Peril and the Sentencing of Huw Edwards
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Sarah Vine, a KC at Doughty Street Chambers, to discuss the sensitive and difficult issue of the way in which trials of rape and other serious sexual offences are conducted.
The trio discuss the complexities surrounding trials of sexual offences, particularly focusing on the special measures introduced to support vulnerable witnesses. They explore the implications of these measures, including Section 28 evidence, and the unintended consequences that have arisen, such as lower conviction rates.
The conversation closes with a discussion on the recent sentencing of Huw Edwards, examining the principles applied by the judge, and the public response. Was it right not to send him straight to prison?
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18/09/24•37m 25s
Tommy Robinson's Tax Returns & Grenfell Delays
In this latest episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Dan Neidle, Founder of Tax Policy Associates, to explore the finances of Stephen Yaxley-Lennon, the far-right street agitator and self-styled journalist who calls himself Tommy Robinson.
The trio explore how Yaxley-Lennon has monetised his presence on the internet through ‘donations’ and ‘gifts’ from his followers, which are then passed through multiple off-the-shelf companies. Ken, Tim and Dan investigate the tax implications of these ‘donations’, and the potential tax liabilities that Yaxley-Lennon may face now that HMRC has reportedly opened an investigation into him.
To close the episode, Ken & Tim also touch on the Grenfell Inquiry Report and the glacial pace of criminal investigations in the UK justice system, highlighting the inefficiencies in the UK's investigative and legal processes as well as the need for major investment in the system.
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11/09/24•31m 8s
Hate, Bigotry and Bleaching the Internet
Hidden under the cloak of online anonymity, individuals in the UK have been charged and convicted of inciting and encouraging criminal behaviour without actively getting involved themselves.
Ken Macdonald and Tim Owen analyse the debate triggered in the wake of the August 2024 riots across the UK; should we and how do we regulate the internet more closely without infringing the fundamental right to freedom of expression?
Ken and Tim debate the differences between the US and European approaches to regulating the internet, with a focus on Section 230 of the US Federal Communications Act, recent decisions of the US Supreme Court and the EU Digital Services Act which is designed to prevent illegal and harmful activities online and the spread of disinformation. They also discuss the Online Safety Act 2023 and the challenge of balancing freedom of speech with the need to combat harmful content online.
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03/09/24•34m 51s
Lucy Letby Part 2: The Response
The case of Lucy Letby is one of the most controversial cases in British legal history. As is well known, the neonatal nurse is currently serving 15 whole-life sentences for the murder of seven infants and the attempted murder of eight others. Her application for leave to appeal her convictions returned at her first trial was firmly rejected by the Court of Appeal on 2nd July 2024 as unarguable.
In this episode of Double Jeopardy, Ken Macdonald and Tim Owen respond to comments and criticisms received after discussing the Lucy Letby case in the most recent episode ‘Lucy Letby: The Shadow of a Doubt?"
Ken and Tim respond to listeners addressing concerns about the fairness of the trial process and the credibility of the Court of Appeal process. They also discuss the recent admission by the Crown Prosecution Service that certain evidence was mislabeled at the original trial and whether this affects the conclusion that Lucy Letby’s convictions are safe. They explore the possibility of reopening the appeal and the potential for a different approach to reviewing scientific evidence before the Court of Appeal.
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27/08/24•28m 41s
Lucy Letby: The Shadow of a Doubt?
The case of Lucy Letby generated shock, revulsion and bewilderment, casting a long shadow over the trust that we place in those who care for the most vulnerable.
In the latest episode of Double Jeopardy, Ken and Tim discuss one of the most controversial cases in British legal history—the conviction of Lucy Letby, the neonatal nurse sentenced to 15 whole-life sentences for the murder of seven infants and the attempted murder of eight others.
Ken and Tim explore the widespread media coverage and the intense public reaction to Letby’s case, including the growing number of conspiracy theories that have emerged on the internet as well as more serious articles in reputable media outlets. They critically examine the arguments put forth by those questioning her conviction and discuss the Court of Appeal's comprehensive rejection of her application for leave to appeal and the refusal to admit fresh expert evidence.
They emphasise that any discussion about a miscarriage of justice must start with an understanding of the basis for the Court of Appeal’s rejection of Lucy Letby’s appeal. The episode also touches on the upcoming public inquiry to be Chaired by Lady Justice Thirlwall (which will investigate events at the Countess of Chester hospital and whether the management structure at the hospital contributed to the failure to protect babies from Letby’s actions) and whether the public inquiry has the potential to generate new evidence that may form the basis for a second appeal following a referral by the Criminal Cases Review Commission.
Tim and Ken aim to shed light on the complexity of the case and are critical of those who have questioned Letby’s guilt without understanding the details of the case and the dynamics of a criminal trial. They stress the importance of basing any claims of a miscarriage of justice on a thorough understanding of the evidence, the legal processes involved and especially the details of the 58 page Judgment of the Court of Appeal handed down on 2nd July 2024.
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16/08/24•43m 45s
Riots: The Full Force of the Law?
“UK riots shops boarded up as England braces for rioting. Thousands of officers on standby as police plan for up to 100 disturbances and 30 counter protests’
In this episode of Double Jeopardy Ken Macdonald and Tim Owen sit down to discuss the planned riots in response to the tragic Southport incident looking at how Keir Starmer is responding, the role of the courts and the suggestion we need to use anti-terrorism laws to deal with the rioters.
Ken and Tim also touch on the 2011 riots which spread from a protest about the shooting of Mark Duggan by police in Tottenham where 2,158 people were convicted of involvement in the 2011 riots, leading to prison sentences totalling more than 1,800 years.
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08/08/24•24m 36s
Sarah Lunnon: Just Stop Protesting?
After spending the best part of 15 years in party politics, Sarah Lunnon now believes that responding to the climate emergency needs a new democracy, a revolution rather than reform.
In this episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Sarah Lunnon, former Green Party Councillor and Co-founder of Just Stop Oil, to discuss the lengthy sentences recently handed down on 5 Just Stop Oil activists for their actions in attempting to create gridlock in London and the South of England in November 2022 and the impact these sentences may have on future protests. They also debate the failure of the government to take effective action on climate change and the role of civil disobedience in driving change.
The discussion raises questions about the legitimacy and effectiveness of harsh punishment and whether the UK is out of step with other European countries in terms of sentencing climate protesters.
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01/08/24•28m 16s
Fiona Rutherford: Justice into the Future
The justice system in the UK has faced many challenges over the past 14 years, most notably funding cuts and a lack of resources.
In this episode of Double Jeopardy, Ken Macdonald and Tim Owen are joined by Fiona Rutherford the Chief Executive of JUSTICE to discuss the state of the justice system in the UK.
They reflect on the past 14 years, discussing what has gone right, what has gone wrong and what to expect in the future. They cover topics such as the motivations for becoming a lawyer, the challenges of policy-making, the impact of austerity on the justice system and the recent bills announced in the King's speech.
Fiona emphasises the need for outcome-focused policies that address the root causes of crime, such as housing, health, and education, the conversation concludes with Fiona's top 5 legislative priorities including: improving the criminal justice system, setting outcome-focused goals across departments and ensuring better data collection.
24/07/24•35m 37s
Starmer’s First Move - Ending Our Addiction to Prison?
Mark Fairhurst, the National Chairman of the Prison Officers Association, returns to Double Jeopardy to further discuss the prison crisis, now a focal point in the first week of the new Labour government.
Guided by hosts Ken Macdonald and Tim Owen, the conversation addresses the emergency measures announced by the new Lord Chancellor, Shabana Mahmood, aimed at addressing critical prison overcrowding.
Amongst discussing historical context and years of inaction, the podcast also talks about the broader systemic changes needed, including probation service, mental health support and the role of the judiciary in sentencing reform.
Ken and Tim also highlight the appointment of James Timpson as the new Prisons Minister and discuss his views on prison reform as well as the potential changes for the future of penal policy.
15/07/24•28m 40s
David Gauke: Conservative Reckoning, Labour Change?
Ken Macdonald and Tim Owen are joined by David Gauke, Former Lord Chancellor and Secretary of State for Justice. In 2019 he resigned, saying he could no longer serve under Boris Johnson and risk a no-deal Brexit. After expulsion from the Conservative party, he said ‘at last I have something in common with Domonic Cummings.’ It was a poignant remark. There are plenty more of these in this episode as Ken and Tim look back on the role of the ‘Gaukeward Squad’, the group of Tory rebels who voted against the government on the issue of Brexit, in shaping British politics today.
Ken and Tim discuss David’s experiences as a Conservative MP during truly turbulent times. The explusion of Gauke and rebel Tories had wide-reaching implications, the effects of which we are still experiencing. How does he view the current state of British politics now? What reform is needed in the prison system, and is Labour’s manifesto in this area enough to separate them from the Conservatives?
26/06/24•52m 9s
Justice Under Labour?
In this episode, of Double Jeopardy hosts Ken Macdonald and Tim Owen discuss the various aspects of Labour Party's manifesto which was launched on the 13th June 2024 ahead of the Election which is taking place on the 4th July 2024.
This episode looks at the intricacies and implications of the proposed law and order policies. The manifesto, which is turning heads and sparking discussions nationwide, shows an ambitious plan to “take back our streets”, with substantial pledges for enhancing neighbourhood policing and clamping down hard on crime and antisocial behaviour as well as the promise to “tackle violence against women and girls”.
Tune in for Tim & Ken’s views on this manifesto and the potential challenges of these plans.
14/06/24•28m 7s
Mark Fairhurst: Britain’s Prison Shame
In this episode of Double Jeopardy Ken Macdonald and Tim Owen talk to Mark Fairhurst, National Chairman of the Prison Officers Association, about the long standing and apparently never ending crisis afflicting the UK prison system.
This episode presents an in-depth discussion on the overcrowding epidemic and its root causes including the tabloid driven addiction to ever longer sentences and the failure of all Governments to develop and promote community based alternatives to custody. The result is that the UK has the highest per capita rate of imprisonment in Western Europe and a disastrous record of re-offending.
From overcrowding to under-resourced prisons, private versus public prisons, the genuine threat of violent riots over the summer, the role of the Chief Inspectorate of Prisons, restoring the right to strike to prison officers and sentencing policy, the trio discuss them all with a central theme being the need to reimagine the prison service to prioritise rehabilitation and the reintegration of offenders into society.
They also cover issues related to funding and resource allocation within the UK's criminal justice system and the constant struggle for resources which has led to staff shortages, reduced training opportunities, and minimal investment in infrastructure.
Finally Ken, Tim & Mark look at the potential path to reform, and strategies that can be vital to the much-needed change such as reshaping sentencing policies, enhancing rehabilitation programs, and investing in community-based alternatives to imprisonment.
05/06/24•48m 11s
Angus McCullough KC: The Undermining of Secret Justice
Ken Macdonald and Tim Owen welcome back Angus McCullough KC, who has extensive experience in public and private law and who was the most experienced Special Advocate until his decision to step down in October 2023 in protest at the Government's failure to implement urgent changes to the system of secret justice (as recommended in December 2022 by the former High Court Judge Sir Duncan Ouseley).
This episode is dedicated to discussing the controversy surrounding the Closed Material Procedure (CMP) introduced by the Justice and Security Act 2013. The debate this law sparked around the management of sensitive information during civil proceedings and the balance between national security and fairness/openness is once again highly topical. Angus's decision to refuse to take on any new closed material cases has now been followed 8 months later by some 25 other Special Advocates (including 16 KCs), a decision which leaves the entire system for litigating national security cases in crisis. Unless and until this specialist cohort of barristers are willing to accept new cases, the system will grind to a halt.
Ken, Tim and Angus discuss the future of CMP’s, Sir Duncan Ouseley’s independent review, the underfunded justice system, and Labour's depressing response to the prisons crisis as reflected in Keir Starmer's stance in PMQs and Shabana Mahmood's public commitment to building more prisons rather than ending the UK's addiction to imprisonment.
22/05/24•34m 29s
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.
14/05/24•40m 54s
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.
30/04/24•30m 58s
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.
23/04/24•52m 3s
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.
10/04/24•43m 33s
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
27/03/24•44m 18s
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.
07/03/24•44m 21s
Episode 49: Secrecy in the Family Courts
Ken and Tim discuss growing calls for more openness in the family court system with Chair of the Transparency Project, Lucy Reed KC.
16/02/24•38m 19s
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
19/01/24•40m 7s
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.
12/01/24•38m 18s
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
19/12/23•37m 6s
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.
04/12/23•39m 17s
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
29/11/23•39m 37s
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.
19/11/23•23m 55s
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
13/11/23•37m 3s
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
03/11/23•35m 14s
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.
27/10/23•54m 22s
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
12/10/23•51m 54s
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
28/09/23•44m 46s
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
14/09/23•50m 25s
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
01/08/23•47m 40s
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
20/07/23•52m 53s
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
11/07/23•52m 4s
Episode 33: Dan Neidle - I’m the Taxman
Ken Macdonald and Tim Owen discuss lawyers undermining the rule of law, the fall of Nadhim Zahawi, and the morality of paying tax with founder of Tax Policy Associates, Dan Neidle.
27/06/23•49m 29s
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.
16/06/23•45m 36s
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
30/05/23•50m 50s
Episode 30: Sarah Wootton - Dying for the Law
Ken and Tim discuss free will, assisted dying and parliamentary paralysis with Chief Executive of Dignity in Dying, Sarah Wootton
15/05/23•48m 24s
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)
02/05/23•1h 6m
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
21/04/23•58m 49s
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
07/04/23•53m 51s
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
24/03/23•49m 58s
Episode 25: Joshua Rozenberg - Reporting the Law
Ken Macdonald and Tim Owen discuss the decline of legal reporting, populism and small boats with leading legal commentator Joshua Rozenberg
13/03/23•49m 44s
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
02/03/23•47m 46s
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.
17/02/23•49m 29s
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
02/02/23•46m 25s
Episode 21: David Pannick KC - Defending The Law in Parliament
Ken Macdonald and Tim Owen discuss lawmaking, Myra Hindley, Arsenal FC and the weakening of parliamentary scrutiny with celebrated barrister Lord David Pannick KC
26/01/23•47m 29s
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
16/01/23•53m 16s
Episode 19: Bad Law for the New Year, with Sir Jonathan Jones KC
Ken Macdonald and Tim Owen discuss Rishi Sunak’s post-festive legal headaches with Sir Jonathan Jones KC, former head of the Government Legal Department
05/01/23•32m 51s
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
28/12/22•51m 33s
Episode 17: Clare Montgomery KC - Getting Away With Fraud
Ken Macdonald and Tim Owen discuss fraud, corruption and a failure of justice with leading barrister Clare Montgomery KC
12/12/22•50m 36s
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.
24/11/22•54m 11s
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.
17/11/22•51m 42s
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.
08/11/22•52m 55s
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.
27/10/22•49m 26s
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.
20/10/22•20m 7s
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.
13/10/22•50m 43s
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.
06/10/22•48m 57s
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.
26/09/22•48m 24s
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
15/09/22•33m 46s
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.
05/09/22•50m 57s
Episode 5: Enemies of the People, Cameras in Court, and Allison Bailey.
Ken Macdonald and Tim Owen discuss Liz Truss, filming criminal trials, and the Allison Bailey judgment affirming legal protection for gender-critical views.
29/07/22•22m 11s
Episode 4: Edward Fitzgerald QC - Defending Very Bad People
Ken Macdonald and Tim Owen talk to Edward Fitzgerald QC about crime, punishment, God, redemption and the ethics of defending bad people.
22/07/22•40m 38s
Episode 3: Kathleen Stock - The Importance of Being Rational.
Ken Macdonald and Tim Owen talk to philosopher Professor Kathleen Stock about science, gender and the importance of free speech.
14/07/22•57m 1s
Episode 2: A special edition on the Conservative leadership election and what it could mean for rights.
Ken Macdonald and Tim Owen discuss what the Conservative leadership election may mean for rights and the rule of law.
10/07/22•15m 12s
Episode 1 - Jonathan Jones: Lies, Lawbreaking, the Attorney General and her Government.
We speak to Sir Jonathan Jones, former Head of the Government Legal Department, who resigned because he thought ministers shouldn’t break the law.
07/07/22•54m 44s