A Question of Law

Extradition, Freedom of Speech & Julian Assange

This edition of A Question of Law will focus on the topics of extradition, freedom of the press and Julian Assange. Our guest Ben Keith, barrister at 5 Saint Andrew's Hill, will explain these concepts and put them in perspective in the context of Julian Assange's extradition requests.    Explaining, at first, the extradition proceedings that Assange has been subjected to (7:15), Ben will clarify how the European Arrest Warrant (EAW) functions, its speedy and efficient procedures which until the UK exited the EU was adapted to its needs (8:50). We will soon understand that the process requires very little evidence about the offence allegedly committed as the EAW is based on trust and cooperation between all European countries.   We'll then discuss whether the use of this ultra-effective instrument was appropriate and proportional in Julian Assange's case ( 13:25), taking into account the controversies around the allegations, the lack of charges and the fear of further extradition to the US. Ben will explain that the issue was mainly to do with two different legal systems (14:25), that there was no risk of further extradition and that the process did not infringe on Assange's freedom of movement under the European Convention of Human Rights (8:54).   Similarly, Ben will explicate how the extradition treaty between the UK and the USA works (24:30). Despite a few inherent unbalances (24:56), the procedure is, here too, fundamentally grounded on trust.         Then we will explore the recent Court's decision to block Julian Assange's extradition request to the US (27:37). Summarising the most important points, Ben will provide highly informative insights on the Judge's decision to reject the argument according to which the request was politically motivated (28:09) and shed light on the differences between political motivation and political offence (28:36). Instead, he will explain how she looked at the combination of horrific prison conditions in the US and Assange's mental health issues (29:18) to conclude that sending him to a supermax prison would almost certainly lead him to commit suicide (31:50).   Ben will then turn to the question of freedom of speech and whether Julian Assange acted as a journalist expressing his press freedom when he released classified information to mainstream newspapers or whether there were sufficient reasons to believe that this constituted an offence susceptible to justify his extradition (37.06). Based on these analyses, he will reveal why he thinks this decision is particularly interesting (39:20) and what is likely to happen at the appeal stage (40:08).   Finally, he will share with us why he decided to become a barrister (41:16) will reveal the proudest moment of his career (43:00), the significant hurdles intrinsic to the profession (44:06), the most important lesson he has learnt (44:54) and provide valuable advice for aspiring barristers (46:13).

Behind the Scenes: Richard Meeran

In this episode of A Question of Law, our returning guest, Richard Meeran, will reveal the driving forces that have fuelled his determination throughout his career and have led him to pioneer an area of law for which he is world-renowned. This second special edition of the year in our podcast series will focus on Richard’s motivations to become a lawyer, his encounters with discrimination and racism, his deeply felt sense of injustice and how those have shaped his career. Full of purpose, insight and advice, this episode will allow us to look behind the scenes to unveil the deep reasons which drove Richard to develop the concept of corporate liability for multinational parent companies. His inexorable passion will become evident when he talks about the cases that have marked his career and the depth of his attachment to Leigh Day's ethos. However, he will also reveal how he has tackled his most significant hurdle, the importance of placing victims’ interests at the centre of litigation and the self-belief required to be successful. Finishing this episode with precious advice for aspiring lawyers based on his own experience, he will also divulge how he likes to unwind after a long week. This podcast is personal and insightful, and I feel incredibly privileged to have had the opportunity to shed light on the personal thoughts of a, usually, very private lawyer! Thank you.

Seeking Remedies for Corporate Wrongdoing

In this episode of a Question of Law, our guest, Richard Meeran, partner at Leigh Day, will discuss how he has pioneered the development of parent corporate liability and access to judicial remedies in the UK.    Through three examples, Richard will describe the harm that multinational corporations can inflict on developing countries' local communities.  He will explain that Cape PLC’s employees (5:24) suffered and died of asbestos-related diseases, that Thor Chemicals’ workers were poisoned by mercury (7:43), whereas Anglo American South Africa has allegedly poisoned children and local communities with lead.       He will then explain that such human rights abuses are permissible because hosting countries are so dependent on investments and jobs that they willfully allow multinationals to operate with impunity (12:02), at times with state officials' complicity (13.09). Such an environment greatly hinders victims' chances of accessing justice and remedies in their local courts (18:20). Influential International initiatives have been adopted (20:13) to prevent and remedy corporate abuses, but their voluntary nature has limited their impact (24:34). Richard will then explain that he has developed UK multinational parent company liability using tort law. He convinced British courts that a duty of care could be assigned to parent companies domiciled in the UK for their subsidiaries' abuses committed abroad (27:29). This novel approach has the advantages of providing jurisdiction to British courts and circumventing the corporate veil issue (28:29). The second significant obstacle was the principle of Forum non-conveniens, which he managed to overcome with two landmark cases (30:42) by demonstrating that substantial justice could not be obtained in local courts. The legal principle of the duty of care owed by the parent company was cemented in case-law in 2012  (34.22) and confirmed in 2019 (35.15). But liability still depends on the nature of the parent company control over its subsidiary, making disclosure of documents a critical element (37.03). He will then look at the evolution of this area of law in other jurisdictions (38.19) and the lingering hurdles some still face (38.37),  to conclude that the inconsistency and incertitude of the process calls for an internationally binding treaty (41:00) which should ascertain the duty of care and facilitate victims access to justice (43.19).    More information about Richard’s work can be found on: https://www.leighday.co.uk/about-us/our-people/partners/richard-meeran/ [https://www.leighday.co.uk/about-us/our-people/partners/richard-meeran/] Landmark cases won in court: Connelly v RTZ Corporation Plc [1997] 3 WLR 373 Lubbe & Others v Cape Plc 2000 1 WLR 1545 Tabra & Others v Monterrico Metals Plc [2009] EWHC 2475; [2010] EWHC 3228 Other case settled: Ngcobo v Thor Chemicals Holdings Ltd & Desmond Cowley Ongoing case: Lead poisoning class action against Anglo American South Africa Limited

The UK Prison System: An Objective Review

In the edition of a Question of Law, our guest, Vicki Prais, a human rights specialist on prisoners’ rights and dignity behind bars, will objectively assess the state of the UK's prison system. She’ll start by identifying the various types of prisons (4:15) and will give us an overview of the changes in the inmates' population (5:15), providing insights on their ages, sentences, backgrounds (6:10) and health status (7:50). Looking at the state’s obligations towards its detainees (8:20), i.e. to keep them safe, healthy and promote their rehabilitation, she’ll point out that they are enshrined in specific International treaties ( 11:15) and the Human rights Act (13:10).   She’ll then explain that the prison system is in crisis, engulfed with rampant violence, insecurities and overcrowding (14:30), which negatively impact staff's safety and morale as a result of budget cuts (16:00). The deplorable state of prison conditions leaves inmates feeling dehumanised, which fuels staggering numbers of self-harm and suicide attempts (17:38).  COVID 19 has convoluted the situation even more.  Despite positive attempts to curtail the risk of infection (19:28) and maintain communication with the outside world (21:13), detainees have been locked up in their cells for almost entire days (22:09) and deprived of most of their activities (23:12). The pandemic has also exacerbated the already alarming backlog of cases waiting to be heard by Criminal Courts. Virtual courts have swiftly been created (24:18); nevertheless, the backlog has reached such proportions that, in some cases, it compromises fairness and justice (23.51). Vicki will then offer her views on improving the whole system by shifting from the concept of punishment to that of rehabilitation (25:08). Following immediate pragmatic actions (26:27), she suggests a review of the sentencing default system (27:12) with an emphasis on tackling the causes that drive people to jail in the first place (27:42). This would particularly benefit female inmates due to their generally shorter sentences but highly consequential on children (29:12). Then Vicki will talk about her association with Human rights Pulse (29:12), her own podcast, the passion factor (29:59), and her passion for mentoring young HR lawyers (31:10). We will talk about self-care in relation to her emotionally draining roles (33:51) and how to cope (35.20). Finally, she’ll reveal what attributes human rights lawyers should have (37:01).   You can reach Vicki Prais on: http://www.vickiprais.com https://www.linkedin.com/in/vicki-prais-5862151/ Twitter:@vickiprais

An Insight into Domestic Abuse and Related Laws

This edition of A Question of Law will focus on the crucial subject of domestic abuse. Our guest, Gemma Lindfield, Barrister at 5 St Andrew's Hill, will provide a comprehensive explanation of this dreadful problem and share her opinion on the Domestic Abuse Bill currently discussed in parliament.   Gemma will first define domestic abuse (4:41) and offer her preferred definition (5:50). Drawing from her professional experience, she will explain how domestic abuse creeps in relationships ( 7:24). She’ll describe the manipulation used by perpetrators to exploit victims' vulnerabilities from love bombing to bullying, threatening, gaslighting (10:07) and controlling the narrative (12:02). Then, she will discuss whether there is a category of people more likely to fall victim of domestic abuse (12:27) and conclude with a negative answer (12:57). However, she’ll underline that some specific factors can play a critical role (13:09) and explain that education is vital to fight domestic abuse (13:52). She’ll then reveal her personal ordeal (16:05). Talking about why victims stay in abusive relationships, she’ll describe the danger they face when they leave (19:07), and will confirm that the pandemic has put victims at heightened risks (20:49). We will also talk about how domestic violence impacts children (21:27). Then she’ll examine the Domestic Abuse Bill (24:11), underlining the positive improvements (27:00) before addressing the shortcomings, particularly regarding the issue of non-fatal strangulation ( 30:27). Finally, we will talk about her career, job (33:42) and clients. She will share why she decided to become a barrister with her father’s instrumental role (35:37), before talking about her greatest success (38;17) and the hurdles that she had to push through (38:33). Utterly proud to be a barrister, she will provide inspiring advice to aspiring barristers (41:08).   Referenced books: Pat Craven: Living with the Dominator             Lundy Bancroft: Why Does He Do That? Helplines: National Domestic Abuse Helpline (Women only): 0808 200 0247 https://www.nationaldahelpline.org.uk/ [https://www.nationaldahelpline.org.uk/] Men's Advice Line ( Men only): 0808 801 0327 https://mensadviceline.org.uk/ [https://mensadviceline.org.uk/] National LGBT Domestic Abuse Helpline: 0800 999 5428 http://www.galop.org.uk/domesticabuse/ [http://www.galop.org.uk/domesticabuse/] National Stalking Helpline:  0808 802 0300 www.stalkinghelpline.org [http://www.stalkinghelpline.org]