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

New police powers to tackle slow-walking protests – BBC News

‘Police in England and Wales are to be given new powers to tackle “disruptive” slow walking used by protesters to block roads.’

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BBC News, 28th April 2023

Source: www.bbc.co.uk

One jailed and three others fined over Insulate Britain roadblock protest – The Guardian

‘One protester has been jailed for five weeks and three others given fines and community service for their part in a protest to demand government action on insulation.’

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The Guardian, 20th April 2023

Source: www.theguardian.com

Law Society: Climate change a “valid” reason to reject clients – Legal Futures

‘Climate-related issues may be “valid considerations” for law firms in deciding whether to act for potential clients, the Law Society has said.’

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Legal Futures, 19th April 2023

Source: www.legalfutures.co.uk

The use of the new statutory public nuisance offence to prosecute political and environmental protest – Doughty Street Chambers

‘On 28 June 2022, section 78 of the Police, Crime, Sentencing and Courts Act 2022 (‘the PCSCA’) came into force. Following a recommendation by the Law Commission, the new statutory offence of intentionally or recklessly causing public nuisance codified and abolished the old offence of common law public nuisance.’

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Doughty Street Chambers, 15th March 2023

Source: insights.doughtystreet.co.uk

Cumbrian coal mine legal challenge refused – The Independent

Posted April 13th, 2023 in climate change, judicial review, news, planning by sally

‘Climate campaigners have been refused a legal challenge against the Government over its decision to grant planning permission to a new coal mine in Cumbria.’

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The Independent, 12th April 2023

Source: www.independent.co.uk

OUTLOOK: Building for the Future – Climate Change and Arbitration – 39 Essex Chambers

‘The data from the major arbitral institutions indicates that the users of arbitration are overwhelmingly represented in heavily emitting industries – energy, construction and the financial sectors. Corporates in these industries will be the first to feel changes in regulation as targets become more ambitious – this is where the role of the state becomes significant in investor state arbitrations.’

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39 Essex Chambers, 28th March 2023

Source: www.39essex.com

Etihad adverts banned over ‘misleading’ environmental claims – The Independent

‘Adverts for Etihad have been banned for making exaggerated claims about the airline’s efforts to achieve “sustainable aviation”.’

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The Independent, 12th April 2023

Source: www.independent.co.uk

Climate activist who allegedly held sign directed at jurors may be charged – The Guardian

‘A climate activist who allegedly held a sign outside court telling jurors they were entitled to find protesters not guilty based on their conscience may still face a criminal charge.’

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The Guardian, 4th April 2023

Source: www.theguardian.com

BSB “assessing” self-reports from barristers over cab-rank rule defiance – Legal Futures

‘The Bar Standards Board (BSB) said last night that it was assessing self-reports from barristers who say they will defy the cab-rank rule.’

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Legal Futures, 31st March 2023

Source: www.legalfutures.co.uk

Don’t crow over court victories, bar leader warns – Law Society’s Gazette

‘Barristers should not crow online about court victories, the profession’s leader has warned amid renewed controversy over lawyers being identified with their clients.’

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Law Society's Gazette, 23rd March 2023

Source: www.lawgazette.co.uk

Insulate Britain protester jailed for stopping traffic on M4 – BBC News

Posted March 14th, 2023 in climate change, demonstrations, news, nuisance, roads, sentencing by sally

‘An Insulate Britain protester has been jailed for five weeks for obstructing the motorway, causing huge disruption.’

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BBC News, 13th March 2023

Source: www.bbc.co.uk

Eco-anxiety “a wellbeing issue” for barristers – Legal Futures

Posted March 14th, 2023 in barristers, climate change, environmental protection, mental health, news by sally

‘Eco-anxiety, a form of anxiety linked to the climate crisis, is a wellbeing issue for barristers which “should be taken seriously” by chambers, a KC and environmental law specialist has said.’

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Legal Futures, 14th March 2023

Source: www.legalfutures.co.uk

Court restrictions on climate protesters ‘deeply concerning’, say leading lawyers – The Guardian

‘Restrictions placed on non-violent climate protesters who have been tried in criminal courts were part of a “deeply concerning” “pincer movement” narrowing their rights to free expression, leading lawyers have told the Guardian.’

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The Guardian, 8th March 2023

Source: www.theguardian.com

Four Insulate Britain members convicted after London street blockade – The Guardian

‘Four climate activists who blockaded a street in London in a campaign to press the government to insulate homes have been found guilty of public nuisance.’

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The Guardian, 6th March 2023

Source: www.theguardian.com

Jurors trying Insulate Britain protesters fail to reach verdict – The Guardian

‘Three climate protesters who stopped traffic to bring rush hour chaos to the City of London face a possible retrial.’

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The Guardian, 2nd March 2023

Source: www.theguardian.com