Cross Examination

Cross Examination
Cross Examination

The law applies to us all. Lawyers have a duty to explain it. Leading UK barrister Tom Cross examines what the law has to say on the social, cultural, and ethical issues of the day, from AI to medical cannabis. Tom takes an independent look with expert panellists, and responds to interviews with those directly affected. A podcast for lawpeople, laypeople, and everyone in between. Get in touch on Twitter/X, TikTok, and YouTube Shorts at @CrossExaminePod, or on our website: www.crossexamination.co.uk. Written and presented by Tom Cross. Produced by Jelena Sofronijevic. Music by Lennon Hutton.

  1. 21 DE OUT.

    Climate Change

    Tom looks with barrister Margherita Cornaglia and solicitor Sahil Kher at the law on climate change. What exactly is "climate change law" and what are its elements? If the issue is international, how do domestic legal systems cope; and is it right that UK courts have recently shown a greater willingness to scrutinise Governmental decisions on climate? Tom also talks to the disability rights campaigner Doug Paulley about the effect of climate change on the disabled and his litigation against the UK Government. Sahil Kher is a senior associate at Kingsley Napley working on a range of public law but with particular expertise environmental and climate change judicial reviews, having worked on some of the highest-profile recent cases before the English courts. In a previous role at a prominent non-governmental organisation, he worked closely with community groups impacted by the effects of climate change, as well as journalists and NGOs at the frontline of advocacy on climate change and environmental issues. Margherita Cornaglia is a barrister specialising in climate and environmental law and litigation. Her practice spans both public law and private domestic and transnational environmental law. She currently acts as junior counsel to Doug Paulley in litigation against the UK Government; represents a State and various NGOs in climate advisory proceedings respectively before the international court of justice and the InterAmerican Court of Human Rights; and still manages to find the time to work with lawyers, scientists and journalists in Italy, her home country, where she hopes to incentivise greater public and legal engagement with the climate crisis.

    41min
  2. 10 DE JUN.

    Protest

    Adam Wagner and Francesca Cociani join Tom to discuss the law on protest.  They explore how far a protestor accused of a crime may have a legal defence to an action which they believe is morally justified. They look at when, outside the criminal law, a court can prevent protest through so-called "protest injunctions". And they'll consider the story of Dr Sarah Benn, a GP suspended by a Medical Practitioner Tribunal for engaging in direct action outside an oil terminal, who believes that public confidence in the medical profession is only enhance by doctors taking such action. Adam Wagner is a barrister specialising in human rights, public law, and public inquiries. He regularly acts for protestors including in leading cases during the pandemic, such as for the organisers of the Sarah Everard vigil in their successful judicial review of the Met Police. He has also acted in a number of leading cases on protest injunctions.  Francesca Cociani is a Senior Associate in the criminal defence department at Hodge Jones & Allen. She is heavily involved in protest cases in both the magistrates and Crown Court. Recently she represented one of the defendants charged with criminal damage from the Just Stop Oil protest at the World Snooker Championship at the Crucible in Sheffield in 2023. Dr Sarah Benn is a GP, retired but on the Register of Medical Practitioners, who protests in relation to climate change. She was the subject of fitness to practise proceedings in April 2024, receiving a suspension. She believes that governments are not doing enough - quickly enough - to mitigate the effects of global warming.

    43min
  3. Miscarriages of Justice

    11/12/2023

    Miscarriages of Justice

    Max Hardy and Joanna Hardy-Susskind join Tom to examine miscarriages of criminal justice. They’ll look at what can go wrong, and has gone wrong, with the criminal trial process, and the flaws in the systems designed to provide redress for those failings. They’ll consider the case of Andy Malkinson, who spent 17 years in jail for a rape he did not commit, whether lessons from his case should lead to change, and if so what that change should be. And James Burley, the investigator in the Malkinson case whose crucial work led to his exoneration, identifies what he believes are serious failings with the system. This episode contains descriptions of sexual violence and rape. Max Hardy was junior Counsel in Malkinson’s appeal having worked on the case since 2020. He is a former Chair of the Young Barristers’ Committee of the Bar Council and is a Trustee of the legal education charity the Kalisher Trust. He also helps the organisation Amicus train prospective interns to work on death penalty cases in America. Joanna Hardy-Susskind is a criminal barrister at Red Lion Chambers who specialises in defending allegations of homicide and serious sexual offending. She is an experienced appellate lawyer and is described by the Legal 500 as an ‘absolute star’. James Burley is an investigator at Appeal, a charity and law practice dedicated to fighting miscarriages of justice and demanding reform. He works on cases at the CCRC and Court of Appeal levels, as well as on evidence access challenges in the Administrative Court. It was his investigative work which ultimately led in 2023 to the exoneration of Andy Malkinson Written and presented by Tom Cross. Produced by Jelena Sofronijevic. Music by Lennon Hutton.

    39min

Sobre

The law applies to us all. Lawyers have a duty to explain it. Leading UK barrister Tom Cross examines what the law has to say on the social, cultural, and ethical issues of the day, from AI to medical cannabis. Tom takes an independent look with expert panellists, and responds to interviews with those directly affected. A podcast for lawpeople, laypeople, and everyone in between. Get in touch on Twitter/X, TikTok, and YouTube Shorts at @CrossExaminePod, or on our website: www.crossexamination.co.uk. Written and presented by Tom Cross. Produced by Jelena Sofronijevic. Music by Lennon Hutton.

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