When someone passes away - legally, what do you have to do?

In this episode, Dr Joelle Grogan and guests look at the host of legal obligations that have to be considered in England and Wales from declaring a death, to the circumstances in which a coroner becomes involved, dealing with a dead person’s estate and the grant of probate.

Note that in Scotland, different laws and rules apply. The Procurator Fiscal investigates all sudden, suspicious, accidental, unexpected and unexplained deaths and any death occurring in circumstances that give rise to serious public concern. Also in Scotland, "Confirmation of Executors" - also known as Confirmation - gives someone the legal authority to manage and distribute a deceased person's estate. It is similar to probate, but some procedures and terms used in the process differ.

Also on the programme:

A teenage boy recently lost a High Court case against his parents. He was unhappy that they had placed him in a Ghanaian boarding school because they feared that he was becoming involved in criminal activity in London.

The case rested on parental responsibility, and the judge ruled that their actions were within the scope of decisions that parents can make - and that the state shouldn't intervene.

But what is "parental responsibility" and is there a situation where a child can divorce their parents?

Presenter: Dr Joelle Grogan

Contributors:

Justice delayed is justice denied - the court backlog in England and Wales has reached a record high and suspects being charged with new offences are regularly told they may not get a trial until 2027. Some courts are already booking court dates for 2028. The government has commissioned an independent review of criminal courts to work out how to cut waiting times. A victim of crime and a criminal defence solicitor tell Dr Joelle Grogan about the human cost of court delays.

Also on the programme, the MP introducing a law to end the abuse of Lasting Powers of Attorney and what can someone do when their ex refuses to pay child maintenance?

Presenter: Dr Joelle Grogan

Contributors:

Since the October 7th attacks by Hamas on Israel, and the IDF military invasion of the Gaza strip, terms like 'war crimes', 'crimes against humanity' and 'genocide' have been used when discussing the conflict.

Warrants have been issued by the International Criminal Court in the Hague for Israeli Prime Minister Benjamin Netanyahu, his former defence minister Yoav Gallant, and a Hamas commander Mohammed Deif - who has since died in an air strike - citing allegations of war crimes and crimes against humanity.

In this special episode of the Law Show, we'll ask what are the legal definitions of these terms, how victims in a conflict situation can seek justice, and we'll explain the difficulties of gathering evidence in war and proving claims in an international court.

Presenter: Dr Joelle Grogan

Lucy Letby is serving 15 whole-life sentences after being convicted of murdering seven babies and attempting to murder seven others at the Countess of Chester hospital - with two attempts on one of her victims - between June 2015 and June 2016.

But a campaign to clear her is being led by 14 medical experts who say there is no medical evidence for murders or attacks on those babies in her ward at the hospital.

The expert witness at her trial, Dr Dewi Evans, has consistently defended the evidence he provided to the court.

So what is an expert witness? When is their evidence required in court, what do they do, and who pays their fees?

Also on this week's programme:

Presenter: Dr Joelle Grogan

Contributors:

A parliamentary inquiry has just started work into the law around Joint enterprise.

Joint enterprise is contentious because if a person is seen to be involved in a crime, from knowing about it, to egging someone on, being present, or even being able to predict that someone is likely to use a weapon like a gun - then they could be considered as guilty as the person who pulled the trigger.

It has a long history, but in recent times, it has been used as a way of prosecuting murder, especially in cases involving groups of people, when it's not known who carried out a killing.

But is it being applied fairly?

The CPS says “We choose the right charges for the right people based on the evidence in front of us. We look objectively at the evidence before making our own decisions.

and they add that “The CPS carefully monitors joint enterprise prosecutions, with senior legal oversight over every case to ensure that our approach is fair and proportionate.”

But campaigners say joint enterprise disproportionately results in working-class and black youths being prosecuted and convicted.

Presenter: Dr Joelle Grogan

Contributors:

The job of the Criminal Cases Review Commission - or CCRC - is to investigate cases where people may have been wrongfully convicted of a crime in the criminal courts of England, Wales, and Northern Ireland.

The CCRC has faced criticism over it's actions - or lack of action - in a high-profile miscarriage of justice.

In April this year, the CCRC offered an unreserved apology to Andrew Malkinson. He spent 17 years in prison following conviction for a rape in Salford that he didn’t commit. DNA testing which led to his conviction being quashed was not commissioned by the CCRC, and in July, an independent review found that he could have been freed five years after receiving a life sentence in 2003.

After the report was published, the Justice Secretary called for the resignation of the chair of the CCRC, Helen Pitcher. However, she said she was still the “best person” for the job and that she had no intention of standing down.

So how does the Criminal Cases Review Commission work? How does it make decisions about which cases should go back to the Court of Appeal, and which should be rejected?

Also this week:

Presenter: Dr Joelle Grogan

Contributors

Last year, more than a quarter of a million cases started in Family Court in England and Wales.

Yet, to most people, the way they work is a mystery.

Traditionally, they were always held in private, because they discuss sensitive information about peoples' personal lives, and to protect children from harm.

Since 2009 reporters have been allowed to attend hearings. But they weren't allowed to tell anyone what was said without the permission of the court, and judges could exclude them.

Now, a pilot has been operating in 19 areas across England and Wales to allow journalists and legal bloggers to report Family Court cases, subject to strict rules of anonymity. Last week, it was extended to cover both private and public family cases at magistrates courts in the pilot areas.

But will it improve confidence and help people understand how the family courts work?

This week, Dr Joelle Grogan is joined by BBC correspondent Sanchia Berg and Lucy Reed KC, chair of the charity, the Transparency Project, to explain how the family courts work, what people attending them can expect, and why the reporting pilot is vital.

Presenter: Dr Joelle Grogan

Contributors:

In this new series of the Law Show, Dr Joelle Grogan and guests look at the legislation that affects your life.

One of the flagship pieces of legislation for the Labour Government is the Renters' Rights Bill - scrapping no-fault evictions, and imposing new obligations and penalties on rogue landlords. How will it benefit tenants and affect landlords?

Also on the programme: a raft of new laws are coming into effect this autumn, but who decides when a law becomes active or is enforceable?

And family law solicitor Tracey Moloney joins us to look at an aspect of divorce that fills many people with dread: the division of assets. Can your ex claim against property you brought into the marriage? Can they claim your pension? And how can the answers to those questions differ, dependent upon where you live in the UK?

Presenter: Dr Joelle Grogan

Contributors

Weekly conversation led by Dr Joelle Grogan to give you an in-depth understanding of the law stories making news and the legal decisions that could have a bearing on everyone in the UK.

This week:

Prenuptial contracts: what is a "prenup," as they're often called? Should you get one even if you're not wealthy? Are they legally binding in the case of divorce, or not worth the paper they're written on? What do you need to do for the courts to uphold them in the various parts of the UK? Family law solicitor and social media's "legal queen" Tracey Moloney has the answers.

And: Japanese knotweed, a fast-growing invasive species so tough it can only be successfully removed by professionals. A Scottish couple has been granted permission by an Edinburgh sheriff to sue the previous owners of their home, who had not declared that there is Japanese knotweed on the property. This case centres around whether or not it counts as an "infestation". Other home seller packs ask about knotweed explicitly. Dr Sam Fowles explains the law, and who you can sue if you find yourself with unwanted knotweed after all.

Presenter: Dr Joelle Grogan

Weekly conversation led by Dr Joelle Grogan about the law stories making the news and the legal decisions that could have a bearing on everyone in the UK. Whether it’s explaining a new law or seeking clarity for you on a legal issue, The Law Show will be your guide.

This week:

Water: from the cryptosporidium outbreak in tap water in Devon, to E. coli bacteria in the Thames, and sewage in rivers, lakes and seas across the country - what does the law say about clean water? What obligations do water companies have, who enforces this, and who keeps an eye on the enforcers? Do we have a right to clean water to drink or swim in? Joelle explores all this and more with Angus Evers, Partner and Head of Environment Law at Shoosmiths, and with Dr Charlotte Proudman, a barrister and academic.

Divorce: in England and Wales, the only divorce available now is no-fault divorce, as a result of a law change that came into force last year. As family law solicitor Tracey Moloney points out though, you also need to get a financial order. If not, your ties haven't been fully severed, and your ex-spouse could make a financial claim in future. In Scotland, you need to prove irretrievable breakdown of the marriage to get a divorce, or that one of you is applying for a gender recognition certificate. In Northern Ireland, you need to cite reasons like adultery, unreasonable behaviour or desertion.

And: the Leasehold and Freehold Reform Act 2024 was the last bill that became law just before parliament was dissolved for the general election. Under the Act, which covers England and Wales, leaseholders will gain more rights. For example, it will become easier and cheaper for them to buy their freehold, or extend leases to 990 years. There is also a ban on the sale of all new leasehold houses. But, the Act didn't cap, let alone abolish, ground rent, and hasn't come into force yet...

Producers: Ravi Naik and Arlene Gregorius