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.
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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 br...
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? La...
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; ...
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 ...
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 ...
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 ha...
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....
This episode explores the controversial failure of the Assisted Dying Bill in the House of Lords, examining the unprecedented number of "absurd" amendments used to filibuster its progress. The hosts discuss the deep ideological objections, particularly from religious groups, which prevented a vote on the bill's merits. They also highlight the severe flaws of the UK's current suicide laws, advocating for dignified options with robust safeguards, and optimistically predict the eventual re-emergence and passage of similar legislation.
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/p...
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...
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 lawanddiso...
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 ...
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 ...
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 ...
The "Law and Disorder" team dissects the proscription of Palestine Action, a pro-Palestine group, under the Terrorism Act 2000, scrutinizing whether their focus on property damage without violence against individuals truly warrants such a measure. They explore the draconian consequences for protestors, the legal arguments challenging the decision as disproportionate and politically motivated, and the broader implications for freedom of expression and civil disobedience in Britain, contrasting it with historical examples and other proscribed organizations.
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 th...
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 feedba...
Baroness Beeban Kidron discusses her journey from filmmaker to digital safety campaigner, highlighting the "generational injustice" of tech designed without children in mind. The conversation delves into the dangers of addictive algorithms and AI friendship bots, arguing against "tech exceptionalism" and advocating for product responsibility. While the UK's Online Safety Act has potential, its enforcement is hampered by political reluctance and a lack of effective disruption powers, suggesting the government is "captured" by tech interests rather than protecting its citizens and national data.
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 ...
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 o...
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, criticism...
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 m...
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 m...
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 ...
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 Mo...
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 legali...
Since we began work on Law & Disorder back at the start of 2024, the challenges surrounding Israel's war on Gaza have been front page news. Have the Israeli's committed war crimes? Does this constitute a genocide? And what levers are available to the international legal community? For two years, these issues have swirled, and in spite of a recent ceasefire, no proper resolution seems near. To discuss all of these issues, we're joined by Jonathan Sumption, one of Britain's leading lawyers and...
In 1989, 97 people lost their lives in the Hillsborough disaster. The fight for justice, led by their families, has taken decades, and there are still huge failures of accountability. The cover-up after the disaster only served to exacerbate the pain of victims, and prevent justice being served. That's where the Public Office (Accountability) Bill, better known as the Hillsborough Law, comes in. Today on Law & Disorder we're joined by Pete Weatherby KC , who has represented the families of H...
This summer, a superinjunction was lifted, following an independent review, which had prohibited reporting on a massive data breach relating to the possible evacuation of Afghans to the UK in the wake of the Taliban takeover there. The court battle, fought between a number of media organisations and the government, exposed the ways in which the law must strike a delicate balance between national security and transparency. Did they arrive at the correct result here? To discuss, the Law & Diso...
Planet Tax – widely considered the most interesting and sexy domain in our galaxy – is the home of a a certain Dan Neidle . A former Head of Tax at Clifford Chance, Dan has become the country's most prominent tax vigilantes, holding public figures to account over their tax arrangements. This week, he talks us through two knotty, political tax affairs: Angela Rayner's failure to pay sufficient stamp duty on her home (which cost her her job in government) and seemingly similar shenanigans from one...
