Cross Examination

Trying to persuade others to your own view of religion is no new phenomenon. But it's often done in the public spaces which we all share. Sometimes this creates problems, as Angus Cameron, a Christian street preacher, found out. While he was proclaiming his truth, specifically as set out in the first chapter of the biblical book of Romans, an anonymous complaint was made by a passerby to the police that something he had said was offensive, and he was arrested and made the subject of a so-called non-criminal hate incident. He was later to be released without charge and had the record of the incident deleted. How freely does the law in this country allow us to express ourselves in public spaces? Is the law favouring the expression of fashionable ideas over those which are not? And is it more difficult to express criticism of religion than to manifest religion? On this episode of Cross Examination, Tom is joined by:Bryn Harris, Chief Legal Counsel at the Free Speech Union, the largest free speech organization in the UK. Bryn coordinates the FSU’s legal work in a wide range of fields including crime, employment, defamation and public law.Stephen Evans, Chief Executive of the National Secular Society, a nonprofit campaigning organisation that advocates for secularism, including the separation of religion and state, freedom of religion or belief for all and an inclusive and fair society.Cross Examination is written and presented by Tom Cross KC. Produced by Basil Oxtoby and Alex Rees https://www.crossexamination.co.uk/

Justice, someone once said, is open to all, “like the Ritz”. But it's not just in getting into court where money counts. Some are worried that those with very significant resources can use litigation as a strategy to silence accusers and, in doing so, protect their reputation. Faced with such an opponent and the corresponding financial risk, the accuser is left with no alternative but to back down. For that reason, some people welcome rules combatting Strategic Lawsuits Against Public Participation, or SLAPPs, which are now found on the statute book. But whether or not anti-SLAPP rules are on balance a good thing, and if so, their proper contours, remains the subject of vigorous debate.On this episode of Cross Examination, Tom is joined by: Dan Neidle, tax lawyer, journalist and commentator. Dan was subject to SLAPP litigation after his investigation into a fellow lawyer’s involvement in a tax avoidance scheme.Matthew Gill, defamation lawyer at Good Law Project, a not-for-profit that seeks to defend human rights and fight for equality through strategic litigation. Matt frequently represents activists and journalists who face legal claims after speaking out on issues of public interest. Iain Wilson, vice chair of the Society of Media Lawyers and the managing partner of Brett Wilson, a central London firm specialising in defamation and privacy law, as well as regulatory defence. His firm acts for claimants and defendants, both in litigation and pre-publication matters.Cross Examination is written and presented by Tom Cross KC, and produced by Alex Rees. https://www.crossexamination.co.uk/

In the UK, all people have a legal right to freedom of expression under the Human Rights Act 1998. But this right is not absolute, and is limited in the workplace to prevent harm and to protect others. Employers must strike a careful balance between the need to prevent discrimination, harassment and disruption to the workplace, and an individual's right to express their view, even ones that are considered controversial. So how far does the law protect the expression of controversial beliefs in the workplace? On this episode of Cross Examination, Tom is joined by: Robert Lewis, partner in the Employment Department of legal firm Mishcon de Reya, and head of its education group specialising in legal issues around academic freedom, safeguarding students and staff, discrimination and crisis investigations in universities and schools. Robert is also a school governor, former teacher and has just finished a term as co-chair of the Industrial Law Society. James Murray, higher education and professional rights partner at Doyle Clayton Solicitors. He's also a member of Kellogg College at the University of Oxford, having been an academic visitor there last year, and is currently writing a book on academic freedom and free speech on campus for Cambridge University Press.Cross Examination is written and presented by Tom Cross KC. Produced by Basil Oxtoby and Alex Rees https://www.crossexamination.co.uk/

In 2022, a group of healthcare professionals were prosecuted for criminal damage against the investment firm JP Morgan. They argued that by drawing attention to the issue, they were preventing future harm. The judge directed the jury that they have no defence in law, but they were still acquitted. Their case is being used by some as an illustration of the value in trial by jury and by others as an illustration of its flaws. Meanwhile, the government has introduced legislation into parliament which would substantially curtail the right of a criminal defendant to choose jury trial. But what exactly are juries? When are they used? How do they work? And why do we use them? On this episode of Cross Examination, Tom Cross KC is joined by: Flora Page KC, a barrister at 23 Essex Street Chambers. In recent years, she's acted for a group of prominent sub-postmasters in their criminal appeals. Just days ago, she quit the Legal Services Board over what she calls a “tyrannical” plan by the government to restrict trials by jury. Sarah Vine KC, a criminal barrister at Doughty Street Chambers, whose practice involves defending in the most serious allegations, and has a particular expertise in the areas of sexual consent, deception and gender identity in the criminal law.Cross Examination is written and presented by Tom Cross KC, and produced by Alex Rees.https://www.crossexamination.co.uk/

In her early 20s and freshly moved to London, “Jodie” had it all ahead of her. Nothing could have prepared her for what happened next.She came to discover that images of her were being used without her consent on online dating apps and on social media. And it didn't stop there. She was tipped off by an anonymous source that she'd been “deepfaked,” her face transposed onto the body of a woman having sex in pornographic videos. She had to fight for the serious attention of the police, and could secure only partial justice. So how far does the law protect women who have faced abuse through the use of their images online without their consent?On this first episode of Cross Examination: Series Three, Tom is joined by: Claire McGlynn, Professor of Law at Durham University and member of the Judicial Appointments Commission. She's worked closely with politicians, civil society, and survivors to strengthen laws tackling online abuse, such as ensuring women and girls were included in the Online Safety Act, and more recently working on the new law criminalising the creation of sexually explicit deepfakes.Emily Harman, an online safety advisor and criminal attorney. Her background is in defending and prosecuting serious sex offences and violence against women and girls. She's previously advised tech companies on their obligations relating to safeguarding users online and collaborated with law enforcement and civil society on projects aimed at combating online sexual abuse and exploitation.Cross Examination is written and presented by Tom Cross KC. Produced by Basil Oxtoby, Alex Rees and Jelena Sofronijevic. https://www.crossexamination.co.uk/

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.

Tom explores how employment law is dealing with the gig economy. He listens with guests to the story of James Farrar, Uber driver turned campaigner, about the case he took to the Supreme Court to establish worker rights, considering it alongside the subsequent case involving Deliveroo which went the other way. Is the greater flexibility enjoyed by those working in the gig economy a good thing, and what is the still new Labour government going to do about it?  Colin Leckey has been a Partner in Lewis Silkin's employment team since 2012. He advises employers from a wide range of industries on all matters under the employment law sun, but has a particularly keen interest in employment status issues and the rapid rise of the gig economy, and acts for a number of platforms, most notably Deliveroo.  Paul Jennings is a Partner and the Head of employment at Bates Wells. Most of his time is spent advising employers and senior executives, but his team has been involved in a number of the leading gig economy cases, including successfully representing the test claimants against Uber in the Supreme Court. His recent work has involved cases involved AI and automated decision-making.

Tom and guests, Michael Brotherton and Emma Swann, discuss the law on school inspections. In the wake of the terrible death of Ruth Perry, a headteacher who took her own life in January 2023 knowing that a report labelling her school “Inadequate” was going to be published, they reflect on where matters stand legally.  They listen to a headteacher about his own experience of feeling powerless to challenge an inspectorate threatening to fail his school.  And then ask how far the so-called “Big Listen” being undertaken by Ofsted in the wake of Ruth Perry’s death is capable of changing the legal and regulatory regimes applying to schools. Michael Brotherton is a partner in the Education Team at leading law firm Stone King. He focusses predominantly on operational aspects of school life, including pupil/parent issues, equality act claims and governance, as well as acting on challenges against Ofsted. Emma Swann is an Education partner and Head of Academies at HCR and has been advising schools on pastoral, governance and commercial matters for over 20 years. She is also a Trustee and sits on the Board of the Institute of School Business Leadership.

The timing of the Prime Minister’s announcement of the election last month took many people by surprise, but the conduct of parties, candidates and others may be turning out to be rather more predictable. The familiar accusation that the other party is “lying” has already been made with force; questions of misinformation (or disinformation) abound; and interest has been reinvigorated in the question – what can be done to challenge breaches of the rules?  In this special episode, recorded in mid June 2024, Tom and guests answer head-on questions from members of the public about the law surrounding these and other issues. James Roochove is a solicitor and director at Astraea Linskills. He's a recognised expert in election law having represented countless MPs and other office-holders over the years. Suhan Rajkumar is a senior lawyer at Bates Wells, specialising in campaigning and election law. He represents the full range of political parties, candidates, charities, and other campaigners.

Tom talks to immigration experts Toufique Hossain and Roberta Haslam about the law on asylum. They listen to the story of "Mr A", a man who fled Sierra Leone having been captured and beaten by the rebels during the civil war but whose asylum claim in the UK failed, leading to two decades of unsettled status. They use his story to explain the nature of asylum, the process of seeking it, and what happens to those whose claims for asylum fail. And they look at the legal issues concerning the Safety of Rwanda Act, passed shortly before recording in April 2024.  Toufique Hossain heads up the award-winning public law team at Duncan Lewis. He is top ranked in several fields and represented the lead individuals in the landmark Supreme Court case in relation to Rwanda. Roberta Haslam is a Partner at Bindmans who has been practising in immigration since 2007, during which time she's worked on the widest possible range of asylum claims and appeals.For law people, lay people, and everyone in between. Follow and talk to us @crossexaminepod, www.crossexamination.co.uk

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.  

Cross Examination is back. As the General Election looms, leading UK barrister Tom Cross and expert guests look at how the law currently deals with society's biggest cultural, moral and ethical issues, from Protest, to Asylum, to School Inspections, and much more. A podcast for law people, lay people, and everyone in between. We want to hear from you. Get in touch on X, TikTok and YouTube Shorts at @crossexaminepod, or via the website: www.crossexamination.co.uk.

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.

Smita Jamdar and James Murray join Tom to examine the law’s protection for free speech in UK Universities, and how it’s currently being used. They’ll discuss a change made to the law in May 2023 by which the Government hopes to strengthen free speech values. And Tom speaks to David Isaac CBE, formerly Chair of Stonewall and Chair of the Equality and Human Rights Commission, about his take on free speech now as the Head of an Oxford college. Smita Jamdar is a Partner and Head of Education at Shakespeare Martineau, and advises universities, colleges and independent providers on compliance with their free speech and academic freedom duties. She is involved in a sector group looking to produce practical guidance on compliance with the new Act. James Murray is a senior lawyer at a leading London law firm and a Research Fellow at the University of Buckingham, and specialises in employment law, academic freedom and free speech on campus. He advises major higher education institutions and prominent academics, and writes and speaks widely on both international and UK free speech law. David Isaac CBE is Provost of Worcester College, Oxford University. He was formerly Chair of Stonewall, an LGBT charity, and Chair of the Equality and Human Rights Commission. Whilst at the latter, he oversaw the development of guidance for Universities as to compliance with their free speech obligations. Written and presented by Tom Cross. Produced by Jelena Sofronijevic. Music by Lennon Hutton.

Mark Stephens CBE and Jonathan Coad discuss with Tom how the law protects reputations from damage by the media - or how some think it fails to do so. They look at both the regulatory and legal protections and explore how they differ across different forms of media, as well as considering the particular challenges faced by lawyers working on either side of the fence. Tom also speaks to beauty therapist Danielle Hindley, an acknowledged victim of reputation damage by the Mail on Sunday. Mark Stephens CBE was once described by the Law Society Gazette as “the patron solicitor of previously lost causes” and is today described by the Legal 500 as “an extremely experienced lawyer who is not afraid to roll up his sleeves, and who gives bold advice where needed”. He has been involved in numerous high profile cases including in relation to the media. Jonathan Coad is a specialist media lawyer who for thirty years has acted for high profile media companies and individuals whose reputation and / or privacy is threatened by the media. He has also represented broadcasters and publishers of high public interest material in resisting what he would describe as ‘meritless’ claims against publication.Danielle Hindley is a beauty therapist wrongly accused by the Mail on Sunday of performing botched treatments. She suffered the most severe impact on her health and her business. She succeeded in a complaint to press regulator IPSO but the newspapers refused to pay her damages until she obtained the help of a lawyer. Written and presented by Tom Cross. Produced by Jelena Sofronijevic. Music by Lennon Hutton.

Zoe Gannon and Ben Fullbrook take a look with Tom at the law on the still new school subject in England of “Relationships and Sex Education”, which some parents regard as controversial. They’ll look at what has, and has not, legally changed, and consider what may be coming next for teachers and students – and the lawyers who advise them. Tom also speaks to Miriam Cates MP who successfully requested a Government review into what was being taught in schools. Zoe Gannon is a barrister at 11KBW who specialises in public, education, and data protection law. She acts for Clare Page, the parent who has challenged a decision of the Information Commissioner concerning parental rights to information about materials used in the teaching of sex education in schools. Ben Fullbrook is a barrister at Landmark Chambers, specialising in public, education, and human rights law. He’s represented individuals in several cases relating to RSE and the content of the curriculum. Ben is also a school governor. Miriam Cates has been the Conservative MP for Penistone and Stocksbridge since 2019. Formerly a biology teacher, she campaigns for change on the teaching of RSE. In March 2023 the Prime Minister agreed to her request for a review into the teaching of the subject in schools. Written and presented by Tom Cross. Produced by Jelena Sofronijevic. Music by Lennon Hutton.

Edward Henry KC and Shannett Thompson consider with Tom the law on access to medical cannabis. In 2018, following the campaign of Hannah Deacon, whose son Alfie Dingley has severe treatment resistant epilepsy, the Government changed the law so as to allow cannabis to be prescribed on the NHS. But since then, only a vanishingly small number of children with conditions apparently improved by the medicine have secured prescriptions. Tom asks why, whether that will remain the case, and what may be needed to change it. Edward Henry KC is the Head of Regulation at Mountford Chambers. He advises commercial clients in the cannabis market and has assisted the parents of children with STRE in their battle for access. He also specialises in the scrutiny of scientific evidence in the medico-legal field, and presented Andrew Malkinson’s successful appeal, after 17 years of wrongful imprisonment, which centred upon DNA evidence. Shannett Thompson is a Partner in the Regulatory Team at Kingsley Napley. She trained in the NHS and began her career exclusively defending doctors. She provides regulatory advice to a varied client base particularly in the health sector, and has built up a niche in advising investors and businesses in the cannabis sector. Hannah Deacon - the mother of Alfie Dingley, who has one of the only prescriptions of medical cannabis on the NHS - is a long-standing campaigner for access. She is now Director of Maple Tree Consultants, supporting businesses entering and expanding in the market. Written and presented by Tom Cross. Produced by Jelena Sofronijevic. Music by Lennon Hutton.

Dee Masters and Jamie Susskind join Tom to examine the law’s answers to the problems caused by the machine learning algorithms being increasingly used to make decisions about our lives. How does the law handle discriminatory or unfair results produced by software used by the police, for example, to work out where to target resources in investigating crime; or by employers to decide who to hire and fire? And is the law fit for purpose given the pace at which technology is moving, and the specialism required to understand it? Dee Masters is an equalities barrister at Cloisters chambers. She co-founded the AI Law Consultancy with Robin Allen KC in 2019. Since then they have advised government, business, trade unions and the UN on the equality implications of AI and related technologies. Jamie Susskind is a barrister at 11KBW and author of two books at the intersection of tech, politics, and law: The Digital Republic and the award-winning bestseller Future Politics. Written and presented by Tom Cross. Produced by Jelena Sofronijevic. Music by Lennon Hutton.

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.