Welcome to Without Prejudice.  On the panel tonight are regulars, Carl Gardner and David Allen Green and our guests Cat Griffiths, Editor of The Lawyer and Nichola Higgins, a practising barrister and former Chair of The Young Barristers Committee.

We have five main topics for discussion -

ABS and disruptives
Oaths in court
Judicial Advocacy assessment
Sun arrests
Francis FitzGibbon QC statement to Leveson and the value of legal blogging

Listen to the podcast

Useful reading:

Francis FitzGibbon QC : Witness statement to the Leveson Inquiry on blogging and ethics

The Guardian: Lord Justice Moses and the 161 criteria

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

1. The Leveson Inquiry

2. Twitter Joke Trial appeal

On the panel tonight -  Carl Gardner, David Allen Green, Dr Evan Harris and Charon QC

Listen to the podcast

Useful reading:

David Allen Green:  Twitter Joke Trial: the case stated by Doncaster Crown Court

Carl Gardner: Today’s “Twitter joke” appeal hearing

Francis FitzGibbon QC : Witness statement to the Leveson Inquiry on blogging and ethics

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

1. Is the state too weak, too powerful or just right?

2. Why do we need universities?

3. Are human rights left wing twaddle?  and

4.   Commentary on the Assange extradition appeal in the UK Supreme Court after two days of argument before the Justices

5.  Barristers facing financial problems because of government inefficiency

Our guests tonight are resident panelist Carl Gardner, Professor Gary Slapper Director of New York University in London and former ‘left wing’ Tory MP Jerry Hayes, a practising barrister specialising in the more serious criminal cases.

Listen to the podcast

If you wish to purchase Gary Slapper’s book – you may do so from Amazon or Wildy’s

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Welcome to the Without Prejudice special with Professor Gary Slapper, Director of  New York University, London and Global Professor at NYU.  We look at the Jury and proposals to restrict the right to trial by jury, meddling European judges and Gary Slapper’s most entertaining new book…. “More weird cases”.

Listen to the podcast

If you wish to purchase Gary Slapper’s book – you may do so from Amazon or Wildy’s

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Welcome to the first Without Prejudice of 2012.  We plan to resume the fortnightly series on Thursday 2nd February with a full panel – but tonight  I am going to review some topical issues with Carl Gardner (Head of Legal blog)

The Justice & Security Green Paper – Abu Qatada – The Occupy judgment  – Contempt of court and a quick look at the legal issues involved in the Scotland Independence referendum proposed by Alex Salmond.

Listen to the podcast

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Welcome to Without Prejudice one on one with David Allen Green.  We have a spirited discussion about a range of issues – Hackgate – Freemen ‘Cod’ Law – Politicisation of judges – Legal Aid – Privacy Law.

David Allen Green is a practising solicitor, author of The Jack of Kent blog and legal correspondent for The New Statesman.  He also covers media matters for The Lawyer

It is fair to say that the format was more discursive.

Listen to the podcast

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

In this Without Prejudice ‘Special’ I talk with Carl Gardner about a range of quite important topical issues:

The recent speech by the Attorney-General Dominic Grieve on Human Rights, The European Court of Justice and the principle of subsidiarity

The impact of the Assange judgment on European Arrest Warrants

Lord Chancellor Ken Clarke’s new sentencing proposals on mandatory life sentences and knife crime

The Brodie Clark v Home Secretary spat:  In particular we consider the potential problem of Absolute Parliamentary Privilege being invoked on Theresa May’s statements in Parliament and the potential for an unfair trial should it be an issue.

Legal Aid cuts and the rise in DIY lawyers

All in all a spirited and lively discussion which we hope you will enjoy.  It is about an hour long – so you may wish to take it in ‘bites’.

The picture above showing my absurd tache is for my ‘Movember’ support of prostate cancer charities.  Having suffered from prostate issues – caught early, fortunately, I am more than aware of the value of screening and speedy treatment.  I also happen to enjoy absurd taches.

Listen to the podcast

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Brodie Clark’s tribunal claim – and Parliamentary privilege

Carl Gardner analyses – in great detail – the Parliamentary privilege point we discussed in the podcast – a good read.

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In association with The Lawyer

I’d like to thank Lawtel, Westlaw,  Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

We also take fifteen minutes at the end to discuss some topical Constitutional Law matters relating to the Human Rights Act, The UK Supreme Court and the British Bill of Rights  in a very ‘impressionistic’ way.

Listen to the podcast

Nowhere Island website

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In association with The Lawyer

I’d like to thank Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Criminal Law Special

Sentencing in the wake of the riots and the forthcoming appeals

Contempt of Court

Troy Davis execution

Legal Aid and Clause 12 re-visited

Listen to the podcast

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I’d like to thank Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

#WithoutPrejudice 11: Riots and  The Law – Human Rights Act update – #Hackedoff campaign update

Analysis of the law relating to the riots, a review of a number of important human rights cases and the further developments on the #Hackedoff  campaign. David Allen Green and Carl Gardner is at the table as always and we are joined by former Lib-Dem MP Dr Evan Harris, David Wales, a lawyer in private practice – a criminal law specialist and blogger  –   and Adam Wagner, a practising barrister at 1 Crown Office Row and editor of the UK Human Rights blog.

Listen to the podcast

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I’d like to thank Cassons For Counsel, City University Law School,  David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors,  JMW Solicitors – Manchester and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Listen to the podcast

Useful links

Joshua Rozenberg: Who will be the two new supreme court judges?

Leveson Inquiry | Lord Justice Leveson statement

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I’d like to thank Cassons For Counsel, David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

The Independent reports today….

Today I am talking to solicitor David Allen Green about the legal implications of this and the legal position of News Corp solicitors Harbottle & Lewis and the extent to which they are now able to put their views on the Murdoch testimony of last Tuesday….

Listen to the podcast

(The sound quality is ‘patchy’ in parts – although only one minor cut out.  I had to call David Allen Green on a mobile while he was in a taxi.)

Useful links

Other Without Prejudice podcasts on #Hackgate:  in the last week

David Allen Green in The New Statesman: Allowing the lawyers to speak

Samira Shackle in the New Statesman: Tom Watson asks police to investigate James Murdoch

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I’d like to thank David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

* The work and powers of Select Committees

*The need for care to avoid prejudicing the inquiry and any future possible criminal trials

* The questioning of the Murdochs and Rebekah Brooks at the CMS Committee  on Tuesday 19th July 2011

* The resignations of Stephenson and Yates and the position of Prime Minister Cameron re Coulson

* The political landscape pre and post #Hackgate

Listen to the podcast

Other Without Prejudice podcasts on #Hackgate

#WithoutPrejudice 9: Hacking / NoTW – Criminal offences in #Hackedoff – Powers of Select Committees – Assange Case

#WithoutPrejudice Special:  the US position under the Foreign Corrupt Practices Act  with US lawyer Peter Friedman

#WithoutPrejudice Special podcast: News of The World – Judicial Inquiry – The law and the commercial ‘real politik’

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I’d like to thank David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel, Carrs Solicitors and Cellmark for sponsoring the podcast  – and the free student materials on Insite Law – appreciated.

Listen to the podcast

I talk to US lawyer, Peter Friedman, Of Counsel at Hull McGuire PC,  about the Foreign Corrupt Practices Act and the potential civil and criminal liability for News Corporation if the FBI investigation reveals any wrongdoing.

Listen to the podcast

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I’d like to thank David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel and Cellmark for sponsoring the podcast  – appreciated.

Today I talk to Carl Gardner and David Allen Green about the extraordinary events surrounding the hacking of mobile phones which led yesterday to the closure of The News of The World, a debate in parliament and the setting up of two inquiries – one judge led.  We look at why Jeremy Hunt and the government may well be constrained by law on blocking the BSkyB merger, the judicial inquiries, the Coulson arrest, systemic abuse throughout the media, and the extraordinary statement attributed to Mark Stephens by Reuters last night…” If News of the World is to be liquidated, Stephens told Reuters, it “is a stroke of genius—perhaps evil genius.” which I covered in a blog post.

Listen to the podcast

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Useful Links

David Allen Green: Closing the News of the World makes no legal difference

Carl Gardner: Can the NewsCorp-BSkyB deal be stopped?

Charon QC: Time to respect Murdoch’s need for privacy in Coulson’s hour of need ? (Dealing with the Reuters / Mark Stephens points referred to in the podcast)

Politics Home – Statement by James Murdoch announcing closure of the News of the World.

Wall Street Journal:  Tabloid to Close Amid Scandal

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David Allen Green, solicitor,  is the author of the Jack of Kent blog and is the legal correspondent  at The New Statesman.  Carl Gardner is an ex-government lawyer and is the author of the Head of Legal blog

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I’d like to thank David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel and Cellmark for sponsoring the podcast and free student materials on Insite Law  – appreciated.

AND… finally…

Welcome to Without Prejudice…. Our guests tonight are Timothy Pitt-Payne QC from 11 KBW and Amanda Bancroft, a former practising barrister and author of the Beneath The Wig blog.  Regular panelist David Allen Green, sadly, is giving a speech elsewhere and cannot be with us.

We have a lively range of topics for you tonight – The Milly Dowler case  controversy – Legal aid cuts -  The position of Scots Human Rights Law, the UK Supreme Court and Alex Salmond’s extraordinary interventions.  We also plan to look at FOI, the Rehabilitation of Offenders Bill and Ken Clarke’s ‘Stab a burglar’ law reform plans.

Listen to the podcast

(Apologies for helicopter noises – Police helicopter and businessmen escaping the traffic jams caused by the strike marches! – )

David Allen Green, solicitor,  is the author of the Jack of Kent blog and is the legal correspondent  at The New Statesman.  Carl Gardner is an ex-government lawyer and is the author of the Head of Legal blog

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I’d like to thank David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel and Cellmark for sponsoring the podcast  – appreciated.

Listen to the podcast

Tim Bratton blogs in a personal capacity – and his latest post: One for the students: so, you want to work at Big Law? is a good one for law students, particularly.

David Allen Green, solicitor,  is the author of the Jack of Kent blog and is the legal correspondent  at The New Statesman.  Carl Gardner is an ex-government lawyer and is the author of the Head of Legal blog

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I’d like to thank David Phillips & Partners Solicitors, Inksters Solicitors,  Iken, LBC Wise Counsel and Cellmark for sponsoring the podcast  – appreciated.

Listen to the podcast

Useful links:

Does school mean smart? – the profession should decide which side of the fence it sits on with social mobility

CPS: The death of Ian Tomlinson – decision on prosecution

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I’d like to thank David Phillips & Partners Solicitors, Inksters Solicitors and Cellmark for sponsoring the podcast  – appreciated.

#WithoutPrejudice Podcast 4: Twitter Joke Trial – Privacy Law – Freedom of Speech – Judicial Review – Referendums and the Law – Law of Royal Succession

LISTEN TO THE PODCAST

Our guest tonight was Dr Evan Harris  (Follow on Twitter?  @DrEvanHarris )

Useful links: 

Twitter Joke Trial

Privacy law should be made by MPs, not judges, says David Cameron

Judicial Review: The British Telecom case decided Thursday 21st April 2011 on the Digital Economy Act 2010

The Law of Royal Succession

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I’d like to thank David Phillips & Partners Solicitors for sponsoring the podcast bandwidth costs – appreciated.

Welcome to the third episode of Without Prejudice: Tonight, I am afraid, I can’t tell you about our guest… in fact, the superinjunction is so harsh, I can neither confirm nor deny the existence of a guest… but…. I can tell you that David Allen Green and Carl Gardner are at the table…. waiting to discuss libel, privacy, hyperinjunctions, Rough Justice – Miscarriages of Justice, The Lautsi v Italy crucifix case, and we may even have time to discuss expert immunity from suit…and interns.
Listen to the podcast

[ In the miscarriage of justice part of the podcast: I did mean - "I'd rather see a guilty person getting off than an innocent person  going to prison"... not the other way around -  My apologies. (I do have  to listen very carefully - I do research and read in to subjects, but I  never write prepared questions for any podcasts - I got it the wrong way around tonight) ]

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Useful References

CASE OF LAUTSI AND OTHERS v. ITALY

Charon: Rough Justice – Denning and the illiberal judiciary?

The Rough Justice programme on iPlayer (while it is available)

The Guardian on Jones v Kaney: After supreme court decision, will other witnesses remain immune?

ZAM v CFW & TFW: “suing for libel in secret”

On Hyperinjunctions: John Hemming MP: abuse of power, and privilege