A Question of Law
Spotlight on the life of an Intl Criminal Law Barrister

Spotlight on the life of an Intl Criminal Law Barrister

January 13, 2021

This special edition will be focusing on the life of our returning guest, Toby Cadman. Toby is a lucky man with a rich professional life that he is passionate about and a beloved family who has influenced the course of his life in enthralling ways.

So we will start by exploring Toby’s career, his field of expertise, the Barrister Chamber he has created with his partner and the non-profit branch affiliated to it. (2:55)

He will reveal why he has created the Guernica Accountability Podcast and the subjects he has addressed so far (4:15). A little return to international criminal law will help us discover the IIIM, a newly created UN institution, expedient when no other avenues are open. (6:20)

After discussing lay clients' instructions of barristers (8:30), Toby will reveal exciting and surprising facts about his career before turning to law and how he later developed an interest in humanitarian law (11:45). He will explain how much he values his professional team and the role they play in Guernica 37's success (12:30) and will unveil how influential his wife has been in the unfolding of his career (14:30) as well as the quandary he faced early in his career (16:15).

At times, his role and convictions exposed him to dangerous situations (17:30), and despite developing innovative media-based strategies to defend his clients (21:00), he has not always been able to obtain justice for them.

Then he will discuss the highlights of his career (22:00) particularly concerning Syria (22:50) before providing us with priceless advice regarding the hurdles young barristers face (23:15) and how to overcome them (24:15).

Resilient about the sacrifices required by a demanding career (26:10), he has nonetheless learned some great lessons during the pandemic. He will also reveal how the Cadman family unites around a shared passion for Kung Fu (28:00).

Finally, he will leave us with pragmatic and positive advice for aspiring Barristers.    

Insightful and at times personal, this episode is a great listen for whoever wants to learn more about the multifaceted life of a successful Barrister! 

Websites:        www.guernica37.com

www.guernicacentre.org

Email:              tobyc@guernica37.com

Twitter:           @tobycadman

Fighting Impunity with International Justice

Fighting Impunity with International Justice

December 16, 2020

Since the end of the Second World War, the world has been ravaged by conflicts.

 On this episode, our guest, Toby Cadman, Barrister-at-Law, will provide a truly informative assessment of the institution entrusted with the fight against impunity.

Toby will first describe, International Criminal Law (5:29), the body of law developed to prosecute individuals who have committed the gravest atrocity crimes (6.06).  He will explain that this living instrument (6:38) has been codified in the Statute of the International Criminal Court (ICC) but continues to evolve (8:50)(15:59).

Toby will identify the crimes (11:04) and the people (12:32) over which the Court has jurisdiction, before explaining the principle of complementarity (14:37).  He will also explain the limits of the Court jurisdiction and the potential recourse to the UN Security Council referral system (17:48), a procedure not without its own flaws (19:21). Fortunately, resourcefulness around the law has allowed presumed untouchable criminals to face justice (20:15).    

He will give his opinion on what needs to be put in place to enhance the efficiency of the Court (23:13). Skilfully refuting the criticisms of biased and partiality that the Court has been accused of (30:45), he acknowledges the politicised environment in which it operates, taken the US and the Middle East as examples (32:50).

Toby will reiterate his faith in the ICC (35:49) and derived institutions ( 37:21). He will then give his opinion on whether insisting on bringing criminals to justice could hinder any chance of negotiating peace in ongoing conflicts (38:57).

Finally, he will provide a comprehensive answer to a question he usually asks himself (41.08)!

 

Websites:        www.guernica37.com

                        www.guernicacentre.org

Email:              tobyc@guernica37.com

Twitter            @tobycadman

 

Brexit: What does it mean for UK Law?

Brexit: What does it mean for UK Law?

December 2, 2020

On this episode, our guest, Marcus Cleaver, will explain in very approachable terms, the implications of Brexit on UK Law.

Reviewing at first the historical context of the European Community's genesis (4:35), he will then talk about its expansion (5:40) and gradual evolution towards a federation (6:22).

A review of the role of European institutions (7:21) and the legal instruments (8:13), differentiating those with direct effect (8:17) from those that set standards (8:41), will provide us with a good understanding of the EU law-making process.  

Then, we will address the question of the Withdrawal Agreement (9:38) and the transitional period (10:58) and what comes next; possibly still, a no-deal Brexit (10:58). In legal terms, we will discuss what will happen to the EU legal instruments entwined with the British legal system (12:22) and their future evolution (13:20). Moving on, we will explore more precisely,  the consequences of Brexit on EU and British citizens (14:55), the trade of goods and services (18.10) and the financial sector (18:47).

We will also discuss the issues with the Northern Ireland protocol (20:40) with a brief review of the Good Friday agreement (21:17) and the economic and political implications of Brexit for that particular region (21:44). We will also talk about the Internal Market Bill and its attempt to amend the NI protocol (22:53). (This contentious part of the bill has since this recording been rejected by the House of Lord).

We will then raise the question of the Charter of Fundamental Rights which, despite its questionable usefulness (25:05) remains a standard of rights from which new rights have flourished (26:32).

Finally, Marcus will share his opinion on the UK sovereignty that will be restored (28:28), an issue so crucial to Brexiters, and he will evaluate its worth (28:55).

Lastly, we will get to know Marcus a little better, by discovering what his current role entails (30:29) before talking about his podcast and his YouTube channel (32:16), his successes (34:20), proudest moments (35:08) future projects (36:4) and insights for aspiring lawyers (37:02).

You can get in touch with Marcus on:

Email: uklawweekly@substack.com

Website and podcast: http://uklawweekly.com/

YouTube: www.youtube.com/user/marcuscleaver

Twitter: @uklawweekly

The Human Rights dimension of Covid-19

The Human Rights dimension of Covid-19

November 18, 2020

This podcast will explore the human rights dimension of Covid-19. Our guest, Vicki Prais, will define what human rights are (5:45) detailing their characteristics (6:00) and the framework of International Human rights law (7:10) including soft law (7:55).

She will cover the grounds on which Governments can derogate from Human rights (8:36) and will identify those from which a derogation is never permitted (9:00). Using Lawless v Ireland (App 332/57, 1 July 1961) will define what a public emergency is (10:30) and will detail the conditions to be met for derogations to remain lawful (11:50). We will then explore the impact of Covid-19 on Medical staff in Russia (14.04) and in the UK (15:20), we will also examine the plight of the elderly (17:10) and people in detention (20:14). We will raise the question of access to justice (23:03) before reviewing the sad predicament of women (24:14) and children (25:31). Then, she will assess the implications of C-19 measures on the freedom of movement (27.50), of expression (28:26) and assembly (29:18). Lastly, she will assess the long term consequences of the C-19 response on our fundamental freedoms (30:51).

Finally, she will talk about her job (32:34), her career path (33.14), her greatest successes (34:25) and the hurdles she has had to push through ( 35:04) before revealing the proudest moment (36:16) of her legal career. A mentor herself, she will also share highly inspiring advice for aspiring lawyers (37:46). 

You can reach Vicki here:

http://www.vickiprais.com

https://www.linkedin.com/in/vicki-prais-5862151/

Twitter:@vickiprais

 

Leasehold home ownership: A new perspective

Leasehold home ownership: A new perspective

November 4, 2020

Leasehold home ownership has been a source of tension between landlords and tenants for many years.

Our guest Ezania Bennett will shed some light on the reasons why those contracts generate so much disgruntlement. Having years of experience in litigation and enforcement in the housing sector, she will share her views on the issues linked to leasehold home ownership and assess the Law commission’s proposals to upgrade the system.

So Ezania will start by explaining to us the right to buy scheme (4:30) before precisely defining what services charges payable to public landlords include (6:05) before explaining why in her opinion, they generate so many disputes (8:55). She’ll explain how the notion of reasonableness has developed (9:30) through statutes and via two case laws [Forcelux Ltd v Sweetman [2001]2 E.G.L.R. 173 LT and Waaler v Hounslow LBC EWCA Civ 45 [2017] 1 W.L.R. 2817] (12:40) and explain some of the difficulties associated with it (14:50). She’ll share her view on the system as a whole (16:00) and will clarify why it needs updating (17:40). She will cover what the Law commission proposals offer to improve (21:20) and assess the value of these proposals (26:10). We will then talk about her current role (28:35), and she will recount how she fortuitously entered the legal profession (30:10) then we’ll uncover some of her most significant successes (33:30) and hurdles (34.40) that followed and her ambitions for the future (35:55). She will finally grant us thoughtful insights for aspiring lawyers (37:15).

I hope this episode will give the law enthusiasts out there, the opportunity to feed their curiosity, enrich their knowledge and get inspired!

Questions about A Question of Law?

Questions about A Question of Law?

October 5, 2020

Here are the answers!

This trailer will reveal what this new podcast about law offers to cover, why it has been created, and which audience it is aiming at.

Find out whether it is for you or not!    

But if you are interested in learning more about the law, want to feed your curiosity, enrich your mind and get inspired, watch this space, Episode 1 is coming soon! 

 

Music: FB_Beatz

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