Trudi Warner reveals the dark secret of English courts: juries do have the right to follow their consciences – The Guardian

Posted September 27th, 2023 in climate change, criminal justice, demonstrations, freedom of expression, juries, news by sally

‘The solicitor general taking action against a climate protester who held up a sign outside court raises a vital issue for criminal justice.’

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The Guardian, 27th September 2023

Source: www.theguardian.com

ClientEarth to face costs bill in directors’ liability case – Law Society’s Gazette

‘Campaigning law charity ClientEarth will have to foot its opponent’s costs in its failed attempt to hold directors of Shell personally responsible for the oil company’s environmental policies, the judge in the case has ordered. In ClientEarth v Shell plc & Ors, The Honourable Mr Justice Trower rejected an attempt under the civil procedure rules to claim a derogation from the ‘unsuccessful party pays’ principle.’

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Law Society's Gazette, 1st September 2023

Source: www.lawgazette.co.uk

Is it time to re-assess the cab rank rule? – Doughty Street Chambers

‘In March, 2023, many lawyers, including 18 barristers, signed a “declaration” that they will not prosecute climate-change activists or act for those promoting new fossil fuel projects. Is the ‘cab rank rule’ [Code rC28 -29] under threat?’

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Doughty Street Chambers, 20th July 2023

Source: insights.doughtystreet.co.uk

UK sustainability disclosure standards expected by July 2024 – OUT-LAW.com

‘New UK sustainability corporate disclosure standards are expected to be endorsed by the UK government by July 2024.’

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OUT-LAW.com, 16th August 2023

Source: www.pinsentmasons.com

Ffos-y-Fran: Campaigners go to courts to stop mine digging for coal – BBC News

‘Climate campaigners are taking legal action to try and force the closure of the UK’s largest opencast coalmine.’

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BBC News, 10th August 2023

Source: www.bbc.co.uk

Highways in a Climate Crisis – 4-5 Gray’s Inn Square

Posted August 3rd, 2023 in chambers articles, climate change, news, roads, transport by sally

‘The judgment may not be the final word, given a stated intention to ask the Court of Appeal to reconsider this matter. However the decision makes interesting reading on the important issue of how transport links can be promoted in light of the climate crisis – and gives a clear steer to follow for the time being.’

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4-5 Gray's Inn Square, 27th July 2023

Source: www.4-5.co.uk

HS2 Euston tunnellers given suspended sentences after retrial – The Guardian

‘Six environmental activists who underwent a retrial over charges related to tunnelling near Euston station in London in protest against HS2 have been sentenced.’

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The Guardian, 1st August 2023

Source: www.theguardian.com

Contempt threat against climate activist may undermine trial by jury, lawyers say – The Guardian

‘Leading lawyers have accused the government of undermining trial by jury after a climate activist was told she faces contempt proceedings over holding a sign outside court.’

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The Guardian, 26th July 2023

Source: www.theguardian.com

ClientEarth loses high court fight with Shell over climate strategy – The Guardian

Posted July 25th, 2023 in charities, climate change, company directors, energy, news by sally

‘An environmental law charity has lost an attempt to revive a lawsuit against Shell over its climate strategy after the high court in London refused permission to bring a case against the energy company.’

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The Guardian, 24th July 2023

Source: www.theguardian.com

M&S decision brings embodied carbon impacts to fore in re-development v refurbishment debate – OUT-LAW.com

Posted July 24th, 2023 in climate change, environmental protection, news, planning by tracey

‘The recent decision in relation to Marks & Spencer’s flagship Oxford Street store highlights the increasing scrutiny being placed on the embodied carbon associated with re-development.’

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OUT-LAW.com, 21st July 2023

Source: www.pinsentmasons.com

Ruling gives clarity on assessing cumulative carbon emissions from infrastructure development – OUT-LAW.com

‘The courts in the UK should not be drawn into considering policy when examining if climate decision-making has been lawful, a High Court judge has said.’

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OUT-LAW.com, 19th July 2023

Source: www.pinsentmasons.com

Judge rejects challenge to Surrey Hills oil and gas exploration plans – The Guardian

‘Fossil fuel prospectors have cleared another hurdle on their path to drill for oil and gas near an area of outstanding natural beauty (AONB) in the Surrey Hills after campaigners lost a judicial review of the plan.’

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The Guardian, 20th July 2023

Source: www.theguardian.com

Landmark Sizewell C ruling instructive for projects of all shapes and sizes – OUT-LAW.com

‘The High Court’s ruling that the UK government’s approval of the proposed Sizewell C nuclear power plant was lawful contains valuable reminders on how projects of all shapes and sizes should approach environmental assessments.’

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OUT-LAW.com, 6th July 2023

Source: www.pinsentmasons.com

Protests: Police powers to stop new tactics come into effect – BBC News

‘New measures aimed at curbing protest methods often used by environmental groups have come into effect.’

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BBC News, 2nd July 2023

Source: www.bbc.co.uk

Watchdog bans Shell’s ‘misleading’ low-carbon ads – The Independent

‘Shell omitted any mention that oil and gas continued to make up the “vast majority” of its business, the Advertising Standards Authority said.’

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The Independent, 6th June 2023

Source: www.independent.co.uk

Ministers face legal challenge over cuts to walking and cycling investment in England – The Guardian

‘The government faces a legal challenge to its decision to cut investment in walking and cycling in England, over claims that the move bypassed legal processes and risks scuppering commitments over the climate emergency and air pollution.’

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The Guardian, 5th June 2023

Source: www.theguardian.com

The UK Bill of Rights: Changes to Human Rights Protection may Impact Climate Litigation – Oxford Human Rights Hub

‘Across the world, human rights-based arguments are increasingly deployed in climate litigation against public bodies. However, in the UK, potential reforms to the Human Rights Act 1998 (HRA) – an Act which allows claimants in domestic courts to rely on the European Convention on Human Rights (ECHR) – could seriously impact the ability of these cases to succeed in the future.’

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Oxford Human Rights Hub, 22nd May 2023

Source: ohrh.law.ox.ac.uk

Tom Hickman KC and Gabriel Tan: Reversing Parliamentary Defeat by Delegated Legislation: The Case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

‘In a report published on 11 May, the House of Lords Secondary Legislation Scrutiny Committee (“SLSC”) drew attention to a constitutional issue of considerable interest and novelty. The SLSC drew the attention of the House of Lords to draft regulations that, if they come into effect, will allow police in England and Wales to impose restrictions on protests and processions that cause “more than minor” hindrance to day-to-day activities for other people, including going to and fro on the highway (The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023). The changes would also allow the police to take into account the cumulative effect of repeated protests. The changes amend sections 12 and 14 of the Public Order Act 1986 and effectively alter the meaning of the threshold criterion of causing “serious disruption to the life of the community” in respect of processions and assemblies by defining that term in a way that imposes a lower threshold than its ordinary words suggest.’

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UK Constitutional Law Association , 22nd May 2023

Source: ukconstitutionallaw.org

No cab-rank rule breach – yet – for barrister signatories of eco-resolution – Legal Futures

‘The Bar Standards Board (BSB) will not take action against barristers who have committed not to prosecute climate protestors or work for fossil fuel companies – at least until they actually refuse instructions.’

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Legal Futures, 18th May 2023

Source: www.legalfutures.co.uk

Adverts claiming products are carbon neutral by using offsetting face UK ban – The Guardian

Posted May 16th, 2023 in advertising, climate change, consumer protection, news, standards by sally

‘Adverts that claim products are carbon neutral using offsets are to be banned by the UK’s advertising watchdog unless companies can prove they really work, the Guardian can reveal, as Gucci becomes the latest company to struggle with a high-profile environmental commitment based on offsetting.’

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The Guardian, 15th May 2023

Source: www.theguardian.com