Parklane Plowden Podcast

Parklane Plowden barristers Giorgia Sessi and Farzana Tai talk through a range of recent cases of financial remedies and the updates worth being aware of.As financial remedy cases are reported fairly frequently, the pair discuss a number of topics which have been of interest in the recent weeks.This includes Standish v Standish, which was a landmark ruling from the Supreme Court as it was the first judgment in almost 20 years to consider the concept of sharing and matrimonialisation.Giorgia and Farzana also explore the changes to practice direction 27A, and knowing the requirements of e-bundles. This includes points such as the bundles being searchable, subject to optical character resolution and electronically optimised, as well as who is responsible for the bundle.Conduct as a factor in financial remedy cases is also discussed, such as what happens in instances where conduct is a central issue and how the determination of fairness can be measured based on the circumstances presented. Listen to the latest episodes of the Parklane Plowden Podcast, featuring conversations with barristers and guest speakers on topics from across Chambers’ practice areas and expertise.

Parklane Plowden barristers and joint heads of the employment team Andrew Sugarman and Dominic Bayne discuss the latest development to the Employment Rights Bill, including fire and rehire.The Bill was proposed shortly after the Labour government came into power in the summer of 2024 having outlined the plans in its manifesto to promise significant reforms across a broad range of employment practices.At the time of recording, the Bill is yet to reach Royal Assent as it progresses through Parliament, withthe House of Commons having recently rejected the latest amendments proposed by the Lords at thereport stage.Areas of reform within the Bill, which, if passed into legislation, will represent significant adjustments for employment practitioners, include day-one dismissal rights, third-party harassment and flexible working legislation.Amongst the proposed reforms which Andrew and Dominic discuss is changes in the legal provisions for fire and rehire, which represents an area where little has been left to secondary legislation.Currently viewed as a last resort amongst employers, the two look at the current practices of imposingcontractual changes on a workforce and the new statutory code of practice which has been in force since July 2024.Andrew and Dominic look at the build up to the proposals and the current status of the amendments in specific contractual variations such as pay, pension, working hours and leave entitlements as well as the importance of statutory language. /

PLP probate, inheritance, trusts and tax barristers Marisa Lloyd, Nicola Phillipson and Cait Sweeney look at burial disputes, which a relatively rare but often highly emotiveand complex proceedings.What can make these proceedings complicated is how there is no law to ensure a person’s own wishes for the disposal of their remains are carried out, frequently leading to burial disputes.Legal practitioners are going to be discussing this issue over the next few years, and in late 2025 the Law Commission will start work on the rights and obligations relating to funerals and remains.Marisa, Nicola and Cait look at cases such as Patel v Patel and the circumstances which outline who has the rights of possession of a body and a duty to make disposal and funeral arrangements, as well as costs orders.The three also examine the current areas of jurisdiction which apply in burial disputes, including Section 116 of the Senior Courts Act 1981 and the Court’s inherent jurisdiction for deciding disposal arrangements.This was seen in the case of Oldham Metropolitan Borough Council v Makin. /

PLP chancery, commercial and property barristers Bryan Patterson-Whitaker and Dominic Crossley discuss the latest developments in the legal framework shaping the built environment. Following on from their previous podcast exploring remediation contribution orders (RCOs) under the Building Safety Act 2022, Bryan and Dominic look at the recent Court of Appeal case Triathlon Homes LLP v Stratford Village Development Partnership [2025] EWCA Civ [2025] EWCA Civ 846. This was a dispute which concerned five residential towers at East Village, Stratford in East London in which building safety defects were uncovered and required significant remediation costs. An RCO under the Building Safety Act was granted by the First-tier Tribunal against the site’s original developer who lodged a leapfrog appeal with the Court of Appeal. Bryan and Dominic explore the recent Court of Appeal ruling in this case. This includes whether it was just and equitable for the First-tier Tribunal to have made an RCO and whether the legislation applied retrospectively before the provisions of the Building Safety Act came into force. Based on these grounds and a number of different sub grounds, the pair examine the key aspects of the ruling and the basis behind the Court of Appeal’s decision to uphold the RCO given by the First-tier Tribunal. Bryan and Dominic also consider what the consequences are from this ruling for different parties impacted by section 124 of the Building Safety Act.

PLP property, chancery and commercial barristers Bryan Patterson-Whitaker and Dominic Crossley discuss the Building Safety Act 2022, which is one of the most significant pieces of recent legislation impacting the property sector.Bryan and Dominic focus on remediation contribution orders (RCOs) and their operation under Section 124, alongside the potential implications of decisions around the Triathlon Homes appeal.Discussions cover the background to RCOs under the Building Safety Act, which parties they are relevant to and who can apply alongside what defects are covered.They also examine how the Triathlon Homes proceedings demonstrates the approach first-tier tribunals are taking to interpret the provisions laid out in the Building Safety Act and factors influencing the first ruling and subsequent appeal hearing. /

Parklane Plowden family barristers Maxine Best, Katherine Goss and Deborah Shield talk through the changes coming with the new Private Law Pathfinder Process which is due to arrive in West Yorkshire in June 2025.Its aim is improving the experiences of children and parents as cases progress through the familycourt system by facilitating greater levels of information sharing.This includes between different agencies such as the police, local authorities and the courtssupported by case progression officers who form a key part in the new process.The three look at the programme’s background and discuss the new model’s implementation andtimelines, including information gathering, decision-making and the review process as well as considerations around Child Impact Reports.The podcast also examines the key differences of the new Pathfinder Process compared to thecurrent Child Arrangements Programme (CAP) model in family courts and practical considerationspractitioners need to consider. /

Parklane Plowden family barristers Giorgia Sessi, Daniel Pitt and head of the Family team Julia Nelson discuss non-court based dispute resolution methods, something whichpractitioners now have to advise clients to engage in meaningfully.Together, they explore a range non-court dispute resolution methods, including private financial dispute resolution (FDR) and arbitration, as well as looking ahead to how AI is impacting the work of family lawyers.Key questions covered include why legal practitioners should recommend a private FDR or arbitration, what type of cases they are most suitable for and what impact the speed and flexibility has compared to court-based hearings.They also discuss how to maximise the effectiveness of private FDRs alongside issues such as cost implications, judge selection, how to handle parties who back out or who do not want to settle and ensuring neutrality during arbitrations. /

Head of Parklane Plowden’s Civil team, personal injury and clinical negligence barrister Stuart Jamieson is joined by barrister Anna Datta, who leads PLP’s Clinical Negligenceteam, to discuss expert evidence.Together, they explore how legal practitioners can develop their strategies and principles to get thebest out of expert evidence in clinical negligence litigation proceedings.This includes discussing expert witness selection strategies, maximising the value of preliminaryconferences, approaches taken by experts at trial alongside court presentation. Listen to the latest episodes of the Parklane Plowden Podcast, featuring conversations with barristers and guest speakers on topics from across Chambers’ practice areas and expertise.

Parklane Plowden employment barristers Roger Quickfall and Bryony Clayton examine forthcoming changes to the remedy provisions relating to workplace sexual harassment.They discuss the current legal protections for employees alongside what key events and gaps in thecurrent sexual harassment provisions resulted in legislative changes to the Equality Act 2010 and what might have been. Did the passage through Parliament of proposals to make employers liable for sexual harassment bycustomers and clients lead to a missed opportunity? What was proposed and what have we ended up with? Bryony and Roger discuss these questions and how employers and practitioners might prepare for the forthcoming legal changes. Listen to the latest episodes of the Parklane Plowden Podcast, featuring conversations with barristers and guest speakers on topics from across Chambers’ practice areas and expertise.

Parklane Plowden children’s family law barrister Maxine Best is joined by fellow PLP family barristers Naakesha Michl and Sara Anning, who also sits as a recorder, to discuss 2023’s children’s family case law decision highlights.2023 saw key decisions relating to a range of children’s law practice areas. These include the use of Section 20 orders under the Children’s Act; procedural fairness; habitual residence; finding of fact hearings where adult harm is involved; and the placement of children under care orders.The three explore the impact of these decisions and examine what they mean for practitioners alongside other predictions around what to expect in 2024. Listen to the latest episodes of the Parklane Plowden Podcast, featuring conversations with barristers and guest speakers on topics from across Chambers’ practice areas and expertise.

Head of Parklane Plowden’s Civil team, barrister Stuart Jamieson, is joined by clinical negligence and personal injury barrister Howard Elgot to discuss what practitioners need to know around Mental Capacity.Stuart and Howard provide practical guidance on Mental Capacity in the litigation process and address the key principles of the Mental Capacity Act 2005. They explore common challenges and the risks that practitioners face as they navigate this complex legal issue, which can occur in any case.As part of their discussions, Stuart and Howard also draw on key learnings from cases where Howardhas acted as both leading and junior counsel during his extensive career at the Bar. Listen to the latest episodes of the Parklane Plowden Podcast, featuring conversations with barristers and guest speakers on topics from across Chambers’ practice areas and expertise.

Following their previous podcast exploring the proposed October 2023 reforms, the Head of Parklane Plowden’s Civil team, personal injury and clinical negligence barrister Stuart Jamieson, is joined again by solicitor advocate Seamus Kelly and senior costs draftsperson Sean Linley, both from costs specialist law firm Carter Burnett, to explore the Clinical Negligence fixed recoverable costs proposals and the latest developments as the Intermediate Track rules come into force. Together, Stuart, Seamus and Sean, discuss the implications of the Clinical Negligence fixed recoverable costs proposals, the Lower Value Clinical Damages (LVCD) Protocol, and a step-by-step guide on how a claim will progress through the Intermediate Track, including allocation to track and assignment for complexity, and the impact of the new fixed costs rules for barristers, solicitors, courts and the legal market. Listen to the latest episodes of the Parklane Plowden Podcast, featuring conversations with barristers and guest speakers on topics from across Chambers’ practice areas and expertise.

The Head of Parklane Plowden’s Civil team, personal injury and clinical negligence barrister Stuart Jamieson, speaks to solicitor advocate Seamus Kelly and senior costsdraftsperson Sean Linley, both from costs specialist law firm Carter Burnett, to discuss the impact of the upcoming Fixed Recoverable Costs and Intermediate Track reforms. Together, they explore the potential impact on future cases and likely arguments over Intermediate Track allocation and complexity banding. They do this from the perspective of Claimants, Defendants and the judiciary, prior to the proposed new rules, a major extension of the Jackson reforms, coming into force in October 2023.

Head of Parklane Plowden’s Inquests and Inquiries Team and Assistant Coroner for Gateshead and South Tyneside Leila Benyounes, speaks to Derek Winter DL, Deputy Chief Coroner for England and Wales and Senior Coroner for the City of Sunderland, to discuss the role of the coroner service, the inquest process and how effective legal representation can support coroner inquests. -

Barrister Amy Rumble and Consultant Psychiatrist Dr Devika Colwill join barrister and joint Head of the Employment Team Andrew Sugarman to discuss expert evidence in employment claims involving disability, tips on making the most of an expert witness and autistic spectrum condition. Listen to the latest episodes of the Parklane Plowden Podcast, featuring conversations with barristers and guest speakers on topics from across Chambers’ practice areas and expertise.

Chancery barrister Cait Sweeney is joined by barristers Marisa Lloyd and Sarah Harrison, both of whom are specialists in mediations and probate and wills work, to discuss the challenges of the mediation process. -