The Law Show

BBC Radio 4

4.3 (199)
GOVERNMENT
UPDATED FORTNIGHTLY

Weekly conversation that will give you an in-depth understanding of the law stories making news and the legal decisions that could have a bearing on everyone in the UK. Whether it's unpicking a landmark legal ruling, explaining how laws are made or seeking clarity for you on a legal issue, The Law Show will be your guide.

27/11/2024

Joint enterprise - what is it and why is it controversial?

A parliamentary inquiry has just started work into the law around Joint enterprise. Joint enterprise is contentious because if a person is seen to be involved in a crime, from knowing about it, to egging someone on, being present, or even being able to predict that someone is likely to use a weapon like a gun - then they could be considered as guilty as the person who pulled the trigger. It has a long history, but in recent times, it has been used as a way of prosecuting murder, especially in cases involving groups of people, when it's not known who carried out a killing. But is it being applied fairly? The CPS says “We choose the right charges for the right people based on the evidence in front of us. We look objectively at the evidence before making our own decisions. and they add that “The CPS carefully monitors joint enterprise prosecutions, with senior legal oversight over every case to ensure that our approach is fair and proportionate.” But campaigners say joint enterprise disproportionately results in working-class and black youths being prosecuted and convicted. Presenter: Dr Joelle Grogan Producers: Ravi Naik, Arlene Gregorius and Bob Howard Editor Tara McDermott Contributors: Alexander Hughes, Head Judicial Assistant at The Supreme Court "Cleeshay" who was convicted of murder under joint enterprise Jan Cunliffe, co-founder of Joint Enterprise Not Guilty by Association (JENGbA) Tracey Moloney, solicitor, Moloney family Law Dr Sam Fowles, a barrister and author David Duncan, solicitor and Director of the legal firm Duncan & McConnell in Dundee

29 min
20/11/2024

Miscarriages of justice and the CCRC

The job of the Criminal Cases Review Commission - or CCRC - is to investigate cases where people may have been wrongfully convicted of a crime in the criminal courts of England, Wales, and Northern Ireland. The CCRC has faced criticism over it's actions - or lack of action - in a high-profile miscarriage of justice. In April this year, the CCRC offered an unreserved apology to Andrew Malkinson. He spent 17 years in prison following conviction for a rape in Salford that he didn’t commit. DNA testing which led to his conviction being quashed was not commissioned by the CCRC, and in July, an independent review found that he could have been freed five years after receiving a life sentence in 2003. After the report was published, the Justice Secretary called for the resignation of the chair of the CCRC, Helen Pitcher. However, she said she was still the “best person” for the job and that she had no intention of standing down. So how does the Criminal Cases Review Commission work? How does it make decisions about which cases should go back to the Court of Appeal, and which should be rejected? Also this week: - Are the laws around accessing social care for disabled children too complicated? - And if you’re selling your home - are you legally bound to mention problem neighbours? Presenter: Dr Joelle Grogan Producers: Ravi Naik and Nathan Gower Editor: Tara McDermott Production Coordinator: Maria Ogundele Contributors Dr Hannah Quirk, a Reader in Criminal Law at King’s College London, who also used to work at the CCRC. Professor Alison Young, Commissioner for Public and Welsh Law, the Law Commission. Catriona Moore, policy manager at IPSEA, a charity which helps parents with SEND legislation - Special Educational needs and disabilities. Tracey Moloney, from Moloney Family Law, also known as the Legal Queen on social media

29 min
13/11/2024

Inside the Family Courts

Last year, more than a quarter of a million cases started in Family Court in England and Wales. Yet, to most people, the way they work is a mystery. Traditionally, they were always held in private, because they discuss sensitive information about peoples' personal lives, and to protect children from harm. Since 2009 reporters have been allowed to attend hearings. But they weren't allowed to tell anyone what was said without the permission of the court, and judges could exclude them. Now, a pilot has been operating in 19 areas across England and Wales to allow journalists and legal bloggers to report Family Court cases, subject to strict rules of anonymity. Last week, it was extended to cover both private and public family cases at magistrates courts in the pilot areas. But will it improve confidence and help people understand how the family courts work? This week, Dr Joelle Grogan is joined by BBC correspondent Sanchia Berg and Lucy Reed KC, chair of the charity, the Transparency Project, to explain how the family courts work, what people attending them can expect, and why the reporting pilot is vital. Presenter: Dr Joelle Grogan Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production Coordinator: Maria Ogundele Contributors: BBC Correspondent Sanchia Berg. Lucy Reed KC, family law barrister at St John's chambers, legal blogger, and chair of the Transparency Project. Samantha Woodham, family law barrister at 4PB chambers and co-founder of the Divorce Surgery

32 min
06/11/2024

The Renters' Rights Bill

In this new series of the Law Show, Dr Joelle Grogan and guests look at the legislation that affects your life. One of the flagship pieces of legislation for the Labour Government is the Renters' Rights Bill - scrapping no-fault evictions, and imposing new obligations and penalties on rogue landlords. How will it benefit tenants and affect landlords? Also on the programme: a raft of new laws are coming into effect this autumn, but who decides when a law becomes active or is enforceable? And family law solicitor Tracey Moloney joins us to look at an aspect of divorce that fills many people with dread: the division of assets. Can your ex claim against property you brought into the marriage? Can they claim your pension? And how can the answers to those questions differ, dependent upon where you live in the UK? Presenter: Dr Joelle Grogan Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production Coordinator: Maria Ogundele Contributors Dr Sam Fowles, author and barrister at Cornerstone Barristers Tracey Moloney, from Moloney Family Law, also known as the Legal Queen on social media Dr Christy Burzio, barrister at Tanfield Chambers Sarah Taylor, partner at Excello Law in Bristol

29 min
14/06/2024

Traumatised jurors, prenups and Japanese knotweed

Weekly conversation led by Dr Joelle Grogan to give you an in-depth understanding of the law stories making news and the legal decisions that could have a bearing on everyone in the UK. This week: Traumatised jurors: new research has found that as much as half of people who serve on the juries of gruesome criminal trials, such as child murders or rape, can suffer symptoms of vicarious psychological trauma as a result. A pilot scheme to offer free counselling to affected jurors has now been shelved in England and Wales due to the election. But in Scotland and Northern Ireland support is available. Joelle discusses all this and what else happens on jury service with criminal defence barrister and part-time judge Charlie Sherrard KC, and with author, commentator and barrister Dr Sam Fowles. Prenuptial contracts: what is a "prenup," as they're often called? Should you get one even if you're not wealthy? Are they legally binding in the case of divorce, or not worth the paper they're written on? What do you need to do for the courts to uphold them in the various parts of the UK? Family law solicitor and social media's "legal queen" Tracey Moloney has the answers. And: Japanese knotweed, a fast-growing invasive species so tough it can only be successfully removed by professionals. A Scottish couple has been granted permission by an Edinburgh sheriff to sue the previous owners of their home, who had not declared that there is Japanese knotweed on the property. This case centres around whether or not it counts as an "infestation". Other home seller packs ask about knotweed explicitly. Dr Sam Fowles explains the law, and who you can sue if you find yourself with unwanted knotweed after all. Presenter: Dr Joelle Grogan Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production co-ordinator: Maria Ogundele

28 min
05/06/2024

Sewage-polluted waters, Divorce and financial orders, Leasehold reform

Weekly conversation led by Dr Joelle Grogan about the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether it’s explaining a new law or seeking clarity for you on a legal issue, The Law Show will be your guide. This week: Water: from the cryptosporidium outbreak in tap water in Devon, to E. coli bacteria in the Thames, and sewage in rivers, lakes and seas across the country - what does the law say about clean water? What obligations do water companies have, who enforces this, and who keeps an eye on the enforcers? Do we have a right to clean water to drink or swim in? Joelle explores all this and more with Angus Evers, Partner and Head of Environment Law at Shoosmiths, and with Dr Charlotte Proudman, a barrister and academic. Divorce: in England and Wales, the only divorce available now is no-fault divorce, as a result of a law change that came into force last year. As family law solicitor Tracey Moloney points out though, you also need to get a financial order. If not, your ties haven't been fully severed, and your ex-spouse could make a financial claim in future. In Scotland, you need to prove irretrievable breakdown of the marriage to get a divorce, or that one of you is applying for a gender recognition certificate. In Northern Ireland, you need to cite reasons like adultery, unreasonable behaviour or desertion. And: the Leasehold and Freehold Reform Act 2024 was the last bill that became law just before parliament was dissolved for the general election. Under the Act, which covers England and Wales, leaseholders will gain more rights. For example, it will become easier and cheaper for them to buy their freehold, or extend leases to 990 years. There is also a ban on the sale of all new leasehold houses. But, the Act didn't cap, let alone abolish, ground rent, and hasn't come into force yet... Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production Co-ordinator: Maria Ogundele

29 min
29/05/2024

Assisted dying, County court judgments, Drill music and ... nakedness

Weekly conversation led by Dr Joelle Grogan about the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether it’s unpicking a landmark legal ruling, explaining how laws are made or seeking clarity for you on a legal issue, The Law Show will be your guide. This week: Assisted dying. Jersey, the Isle of Man, and Scotland are all taking steps towards making it legal to help someone die, in very specific and limited circumstances. It's currently a crime punishable by 14 years' imprisonment in England, Wales and Northern Ireland. Dr Joelle Grogan is joined by Professor Emily Jackson of the LSE, a specialist in medical law, and by barrister Dr Charlotte Proudman to navigate the law around assisted dying and to explain the differences between assisted suicide and euthanasia. Is there a point to county court judgements if they can't be enforced? Social media's "legal queen", solicitor Tracey Maloney, answers a question from a listener, who got a county court judgment against a builder, but still hasn't got her money back. Art or evidence? Drill music, with its sometimes violent-sounding words, has been used by the prosecution in criminal trials to help paint a picture of the defendants as gang members. But is it fair to claim lyrics like "try deadin' him" are proof of criminal intent, or are these words just fiction? Senior criminal barrister and co-founder of the "Art not Evidence" campaign Keir Monteith KC argues that drill is being used unfairly against Black boys and young men. The Crown Prosecution Service insists that they “would not use this evidence if it was not relevant.” And a listener asks: is it legal to sunbathe naked in your garden? Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production co-ordinator: Maria Ogundele

28 min
22/05/2024

Protest, Lasting power of attorney and the Green belt

Weekly conversation led by Dr Joelle Grogan that gives you an in-depth understanding of the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether it’s unpicking a landmark legal ruling, explaining how laws are made or seeking clarity for you on a legal issue, The Law Show will be your guide. This week: Protest law has been tightened up a lot in the last year, giving the police more leeway to stop disruption. But parts of the new powers have now been deemed unlawful by the High Court. So what is and isn't legal when it comes to protest? And how should the police handle protesters? Joelle explores all this with barrister Dr Sam Fowles and with Andy Walker from the College of Policing. Is it legal to build on greenbelt land? Campaigners in Greater Manchester are taking legal action after Bury council announced plans to build 1500 homes on greenbelt. And: why you may need a "Lasting Power of Attorney", even if you're married. If your spouse were to be incapacitated, being next of kin is not enough to make financial or health decisions about them. Social media's "legal queen", solicitor Tracey Maloney, talks us through how and when to get an LPA. Producers: Ravi Naik and Arlene Gregorius Editor: Tara McDermott Production coordinator: Maria Ogundele

28 min

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4.3

out of 5

199 Ratings

Why is this ending?

26/03/2024

Andrew265

Why? There must be space for one podcast for lawyers? Isn’t there?
New Format Fails to Impress

14/06/2024

BringTheNoiseX7

Law In Action was a great listen, clearly aimed at the legal profession but understandable by the average person. Going from that to “Money Box Live for Legal Problems” is just a huge step down and I can’t see myself listening any longer
Entertaining, informative and well put-together.

09/12/2019

Theotherman 364

Always interesting, presents legal issues in context and informatively. It doesn’t dumb anything down, but remains accessible.
Great podcast

13/06/2019

splooger1

This is great for people who don’t know that much about the law and I could see it as something to listen to if your practising law and like studying and listening to it