Actual malice and the US plaintiff's burden

Is Trump’s threat to sue the BBC for $1billion in a Florida Court over the Panorama documentary just another example of his baseless, abusive use of the Courts to intimidate media companies?  And should the BBC submit to his intimidation given the uncertainties of a Florida jury trial?  

Ken Macdonald KC and Tim Owen KC are joined by leading media law Silk, Gavin Millar KC, to discuss what went wrong in the editing process behind the Panorama documentary and the differences between US and UK defamation laws. Gavin explains the potential knock-out blows that the BBC might deliver should Trump issue a defamation claim and why Trump’s claim would be doomed to fail before an English court.

Ken and Tim then dissect Shabana Mahmood’s announcement to Parliament of Labour’s major reforms to the UK’s asylum and returns system and reflect on her defiant rejection of the charge that she is aping Reform’s racist policy agenda.  Will the Government’s reforms achieve the aim of halting the daily flow of migrants across the Channel as well as increasing the removal of those with no right to stay? And can domestic law reform change the way that our Courts interpret the impact of Articles 3 and 8 of the European Convention on Human Rights in a way which will be immune from review by the Strasbourg Court?

Click here for a link to the Government’s paper on Restoring Order and Control - https://www.gov.uk/government/publications/asylum-and-returns-policy-statement/restoring-order-and-control-a-statement-on-the-governments-asylum-and-returns-policy

Finally, the duo follow up last week’s episode on the mistaken Wandsworth prisoner releases with an update on the explanation given by the Chief Inspector of Prisons, Charlie Taylor, about the dire state of our prisons in terms of the recruitment and retention of prison officers against the background of a crazy sentencing system which is calculated to confuse and confound.

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Covering the critical intersections of law and politics 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 law and politics 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.