The Litigation Podcast

Latest Episodes:

15 - Retained EU Law Conference Part 2 with Kieron Beal KC, Naina Patel, Emily Neill, Ravi Mehta, Harry Adamson and Hollie Higgins Mar 07, 2024

Show notes

Tune in to episode 15 of the Blackstone Chambers Litigation Podcast, as Kieron Beal KC presents the Retained EU Law Conference Part 2. Joined by Naina Patel, Emily Neill, Ravi Mehta, Harry Adamson and Hollie Higgins, the panel explore the potential impacts of the REUL Act in key affected sectors.

The REUL Act is the final chapter in a huge and complex five-year legislative exercise to give effect to Brexit in UK law. Among the Act’s many major effects, it “sunsets” significant parts of retained EU law; abolishes (unless specifically saved) directly effective provisions from Directives and general principles; and makes important changes to how retained EU law operates; whilst giving the Government yet further executive powers to amend or remove retained EU law by way of delegated legislation. The conference explained the general provisions of the Act in detail as well as exploring potential impacts in key affected sectors such as employment, environmental law, tax, financial services, telecoms and energy.

If you haven’t already, please listen to Part 1 where Kieron Beal KC, Tom de la Mare KC, James Segan KC and Gayatri Sarathy provide an insightful introduction to The REUL Act 2023.

14 - Retained EU Law Conference Part 1 with Kieron Beal KC, Tom de la Mare KC, James Segan KC and Gayatri Sarathy Feb 22, 2024

Show notes

Tune in to episode 14 of the Blackstone Chambers Litigation Podcast, as Kieron Beal

KC presents recorded highlights from the 2023 Retained EU Law Conference.

Joined by Tom de la Mare KC, James Segan KC and Gayatri Sarathy, the panel

provides an insightful introduction to The Retained EU Law (REUL) Act 2023.

The REUL Act is the final chapter in a huge and complex five-year legislative

exercise to give effect to Brexit in UK law. Among the Act’s many major

effects, it “sunsets” significant parts of retained EU law; abolishes (unless

specifically saved) directly effective provisions from Directives and general

principles; and makes important changes to how retained EU law operates; whilst

giving the Government yet further executive powers to amend or remove retained

EU law by way of delegated legislation. The conference explained the general

provisions of the Act in detail as well as exploring potential impacts in key

affected sectors such as employment, environmental law, tax, financial

services, telecoms and energy.

Stay tuned for Part 2, where Kieron Beal KC, Naina Patel, Emily Neill, Ravi Mehta, Harry

Adamson and Hollie Higgins explore the potential impacts of the

REUL Act in key affected sectors.

13 - Exceptionalism and the Law with Charlotte Kilroy KC Nov 21, 2023

Show notes

In this podcast, Charlotte Kilroy KC examines the relevance of Lord Atkin’s famous dissent in Liversidge v Anderson [1942]AC 206 for lawyers and judges today. She highlights anti-terrorism legislation introduced in 2001 as part of the ‘war on terror’ and the Belmarsh case, deprivation of citizenship and the Shamima Begum case, and most recently the Illegal Migration Act 2023.

12 - Public Seminar Conference 2023 with Charlotte Kilroy KC, Hanif Mussa KC, Sarah Wilkinson, and George Molyneaux Oct 19, 2023

Show notes

Hanif Mussa KC of Blackstone Chambers presents recorded highlights of the 2023

Public Seminar Conference, featuring, George Molyneaux, Sarah Wilkinson, and Charlotte

Kilroy KC.

Listen in as George Molyneaux discusses standing in judicial review claims, including

recent cases in this area and practical ways in which legal representatives can

assist clients when dealing with standing issues.

Sarah Wilkinson provides a general update on procedure in the administrative court

following the last 12 months.

Finally, Charlotte Kilroy KC examines procedural fairness, the principles which underpin it, and how to achieve compliance in practice, and asks why it is so often honoured in the breach.

11 - Memorable Cases – Part II with Stephen Nathan KC, Tom Croxford KC, and Tom Hickman KC Jul 25, 2023

Show notes

In this episode, we are joined by Blackstone Chambers’ Stephen Nathan KC, Tom Croxford KC, and Tom Hickman KC as they share their most memorable cases.

Listen in as Stephen Nathan KC recalls his longest-running case, Kuwait Airways v Iraqi Airways Company. Stephen draws on his unique experience in court and his visit to Iraq. The several judgments in KAC v IAC have, so far, been cited in more than a hundred High Court and Court of Appeal judgments in England, as well as in other common law jurisdictions.

Tom Croxford KC discusses the complexity of Passi v Nissan & Ors, a high-profile whistleblowing case, much reported in international press, including successfully resisting application for interim relief by former general counsel.

Tom Hickman KC reflects on one of his involvement in one of the highest profile and most controversial cases of modern times, R(Miller) v Secretary of State Exiting the European Union, in which Judges were branded “Enemies of the People” and the Supreme Court sat for the first time with 11 Justices. Tom reveals insights about the origins of the case and how he was caught up in the whirlwind litigation in a team led by Lord Pannick KC.

Join us for this insightful and thought-provoking episode as these distinguished barristers detail their most memorable cases and the experiences they encountered.

10 - Annual Employee Competition Seminar – Part II with Craig Rajgopaul, Sarah Wilkinson, and Emmeline Plews Jun 13, 2023

Show notes

We are delighted to share Part II of the Blackstone Chambers’ Annual Employee Competition Seminar of The Litigation Podcast with Craig Rajgopaul, Sarah Wilkinson, and Emmeline Plews.

In Part II, Craig Rajgopaul will discuss conspiracy claims and professional conduct issues.

Sarah Wilkinson examines whether the new willingness to grant damages in lure of injunction may permeate into employment law.

Emmeline Plews analyses the case of Boydell v NZP Ltd and another, regarding a recent decision in the Court of Appeal which gives important guidance on severance.

9 - Annual Employee Competition Seminar – Part I with Paul Goulding KC and Diya Sen Gupta KC May 25, 2023

Show notes

We are delighted to share Blackstone Chambers’ annual Employee Competition Seminar in a two-part series of The Litigation Podcast.

In these episodes, based on the 2023 Employee Competition Seminar, Tom Croxford KC introduces Paul Goulding KC and Diya Sen Gupta KC in Part I, and Craig Rajgopaul, Sarah Wilkinson, and Emmeline Plews in Part II.

In Part I, Paul Goulding KC analyses the scope and implications of proposed legislation to cap non-compete agreements at three months.

Diya Sen Gupta KC examines the utilisation of unlawfully or improperly obtained evidence, drawing on the recent cases Ras Al Khaimah Investment Authority (RAKIA) v Azima and FKJ v RVT.

8 - Memorable cases with Michael Beloff KC, Ian Mill KC, Catherine Callaghan KC, and Tim Parker Apr 25, 2023

Show notes

In this episode, we are joined by Blackstone Chambers’ Michael Beloff KC, Ian Mill KC, Catherine Callaghan KC, and Tim Parker as they share their most memorable cases.

Listen in as Michael Beloff KC recalls his first case, representing the band Love Affair. In this amusing account, he shares the satisfaction of achieving his first successful outcome for the band. He then follows with his most interesting case, Merdeka University Bhd v. Government of Malaysia, which is also included in ‘MJBQC: A Life Within and Without the Law’.

Ian Mill KC shares his experience representing high profile celebrities, George Michael [1994] ChD 142 and Ed Sheeran [2022] EWHC 827(Ch), in recording contracts and copyright disputes. Ian discusses the challenges of media attention in these high-profile cases.

Catherine Callaghan KC discusses the complexity of Mr. and Mrs M. Against the Fertilisation and Embryology Authority [2016]EWCA Civ 611, and highlights the memorable impact this case had on her own life.

Finally, Tim Parker reflects on one of his earlier cases in the Hong Kong Court of Appeal (unreported, CACV 117/2017, 25 September 2017) as a pupil at Blackstone Chambers, and the impact of this case on same-sex rights in Hong Kong.

Join us for this insightful and thought-provoking episode as these distinguished barristers detail their most memorable cases and the lessons they learned from them.

7 - The Shape of Music Litigation - Copyright, Contracts and more in Media and Entertainment Law with Ian Mill KC, Mark Vinall, Celia Rooney, and Rayan Fakhoury Jan 18, 2023

Show notes

Join Ian Mill KC, Mark Vinall, Celia Rooney, and Rayan Fakhoury as they discuss the shape of music litigation, past and present, with key lessons learned from recent cases including cases involving Ed Sheeran, Rudimental, Culture Club and Rihanna.

This episode examines topics such as:

the relevance of access for copyright cases in the digital age,
how the courts treat evidence in proving musical creation,
contractual disputes and the implications of the advent of streaming for the construction of historic contracts
emerging contrasts and divergences between US and UK music litigation

6 - The Ghost in the Machine? Good Faith in Contract after Re Compound Photonics with Andreas Gledhill KC Dec 12, 2022

Show notes

Join Andreas Gledhill KC and he explores the implications of the recent case Re Compound Photonics Group Ltd; Faulkner v. Vollin Holdings Ltd [2022] EWCA Civ 1371.

One of the most contentious issues in the law of obligations has been the role of good faith in contract law:

When is an obligation of good faith implied?
And in cases where it is either implied, or expressly agreed, what is its scope: what standard of behaviour does a duty of good faith bind the parties to?

Andreas will address these issues, with particular reference to a decision of the Court of Appeal in October, in a case called Re Compound Photonics Group (which I’ll call “Compound”, for short).

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