SLAPPS, Filibustering Death, and Juries

What is the future of anti-SLAPP laws in the UK?  And what are the implications of the recent High Court Judgment in Hurst v Solicitors Regulation Authority (https://www.judiciary.uk/wp-content/uploads/2026/01/082-Hurst-v-SRA-002.pdf)in which the SRA was heavily criticised for holding that the experienced Osborne Clarke media solicitor, Ashley Hurst, was guilty of professional misconduct on the basis that he had wrongly attempted to deter tax campaigner Dan Neidle from publishing allegations of dishonesty over his tax affairs against former Chancellor of the Exchequer, Nadim Zahawi?  

 

Ken Macdonald KC and Tim Owen KC discuss the issues with distinguished media lawyer Gavin Millar KC who explains why he and other media lawyers and organisations are pressing the Government to include a universal anti-SLAPP law in the next King’s Speech.

 

Ken and Tim go on to discuss the extraordinary efforts by a small group of members of the House of Lords to block the Terminally Ill Adults (End of Life) Bill by endless amendments which have no hope of being debated before the April deadline when the Lords must vote on it.  They explain the threat to invoke the Parliament Act 1911 as a means of guaranteeing that the Bill becomes law and the constitutional implications of the Lords being seen to frustrate the will of the House of Commons.

 

Finally, the duo summarise Sir Brian Leveson’s reply to critics of his jury reform recommendations as set out in his Sunday Times comment piece and they speculate on why the Government is finding it impossible to appoint anyone to Chair the Judicial Appointments Commission as it faces a heavy workload in light of recent retirements of a number of senior Judges, including the Master of the Rolls.

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Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.    

What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays.   

Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.    

Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. 

Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. 

If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you'll love Double Jeopardy.

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