Good enough for jazz: how well does the government need to understand its Paris Agreement obligations? A case of emissions and omissions – UK Human Rights Blog

‘In R (Friends of the Earth Ltd) v Secretary of State for International Trade/UK Export Finance (UKEF) [2023] EWCA Civ 14, the Court of Appeal considered the implications of the Paris Agreement on climate change for governmental decision-making in relation to investing in a liquified natural gas project in Mozambique (the “Project”). Sir Geoffrey Vos MR, with whom Lord Justice Bean and Sir Keith Lindblom SPT agreed, dismissed Friends of the Earth’s appeal against the Divisional Court’s decision to dismiss their application for judicial review.’

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UK Human Rights Blog, 24th January 2023

Source: ukhumanrightsblog.com

Breach of trust, directors and corporate trustees: multiple derivative claims following McGaughey v USS – Wilberforce Chambers

‘It is commonplace now for the trustee of almost any sort of trust to be a company, and for the individuals who may colloquially be referred to as “the trustees” to in fact not be trustees at all, but to be the directors of the trustee company. Occupational pension schemes have been particularly keen adopters of this structure. In some respects it makes little difference to the beneficiaries: the trustee is the trustee, whether an individual or a company. But when the individuals involved are alleged to have acted in breach of their duties, the corporate structure allows for more complex claims than the ordinary breach of trust claim that would be brought against individual trustees.’

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Wilberforce Chambers, 20th December 2022

Source: www.wilberforce.co.uk

Single-use plastic items to be banned in England — reports – The Guardian

‘Single-use plastic items including cutlery, plates and polystyrene cups are reportedly to be banned in England by the UK government after a consultation.’

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The Guardian, 13th December 2022

Source: www.theguardian.com

UK ministers face legal challenge over North Sea oil and gas licences – The Guardian

‘The UK government is facing a fresh challenge in the courts over plans to award up to 130 new licences for North Sea oil and gas exploration, in the latest attempt to stop ministers’ proposed expansion of the country’s fossil fuel production.’

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The Guardian, 12th December 2022

Source: www.theguardian.com

M25 protests: Arrests of journalists not justified, review finds – BBC News

Posted November 24th, 2022 in climate change, demonstrations, media, news, nuisance, police, roads, wrongful arrest by sally

‘A review into the actions of a police force during a Just Stop Oil protest on the M25 has concluded the arrests of journalists “were not justified”.’

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BBC News, 23rd November 2022

Source: www.bbc.co.uk

First jury trial of Insulate Britain activists begins over M25 blockage – The Guardian

‘Four climate activists have gone on trial for allegedly blocking the M25, in the first of dozens of jury trials planned for supporters of the Insulate Britain campaign.’

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The Guardian, 21st November 2022

Source: www.theguardian.com

Chancellor of the High Court – Combar Lecture 2022 – Courts & Tribunal Judiciary

‘On 16 November 2022 the Chancellor of the High Court, Sir Julian Flaux, delivered the 2022 Combar Lecture entitled “Is commercial litigation going green? Environmental and greenwashing claims and how they will shape the law.”’

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Courts & Tribunal Judiciary, 18th November 2022

Source: www.judiciary.uk

Just Stop Oil: High Court grants injunction to prevent M25 protests Published 23 hours ago – BBC News

‘A High Court injunction has been granted to prevent Just Stop Oil protesters disrupting the M25.’

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BBC News, 6th November 2022

Source: www.bbc.co.uk

Bio Age “likely to impact legal practice” amid global climate change – Legal Futures

‘A report into the so-called bio age, presumed successor to the digital age, has painted a picture of a world in which innovations in bio-technology and the role of global ecosystems have a huge impact on legal practice.’

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legal Futures, 28th October 2022

Source: www.legalfutures.co.uk

Transport body seeks to take legal action against 180 people over road protests – The Independent

‘Transport for London bosses have asked a High Court judge to let them take legal action against more than 180 named people following the intensification of Just Stop Oil protests.’

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The Independent, 27th October 2022

Source: www.independent.co.uk

What Could Prime Minister Rishi Sunak Mean for Human Rights? – Each Other

‘Rishi Sunak has become prime minister, replacing Liz Truss as leader of the party after rival Penny Mordaunt dropped out of the race. It comes less than two months after he lost the leadership race to Truss, who resigned following the shortest-ever tenure as prime minister. Sunak, who previously served as chancellor under prime minister Boris Johnson, is the third British prime minister to serve since September this year.’

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Each Other, 25th October 2022

Source: eachother.org.uk

Advertising regulator signals crackdown on ‘hot air’ environmental claims – The Independent

‘The advertising regulator is to crack down on “hot air” environmental claims amid consumer confusion around terms such as “carbon neutral” and “net zero”.’

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The Independent, 20th October 2022

Source: www.independent.co.uk

Climate litigation and the rationality quagmire – Six Pump Court

Posted October 20th, 2022 in chambers articles, climate change, local government, news, planning by sally

‘The disconnect between overarching carbon reduction requirements in the CCA 2008, and national planning policy (and, ultimately, national and local planning decisions) continues to inspire litigation. No claim has yet succeeded. The legislative framework is such that the majority of challenges can only take aim at the rationality of the decision.’

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Six Pump Court, 10th October 2022

Source: 6pumpcourt.co.uk

HSBC climate change adverts banned by UK watchdog – BBC News

‘The UK’s advertising regulator has banned two HSBC advertisements for being “misleading” about the company’s work to tackle climate change.’

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BBC News, 19th October 2022

Source: www.bbc.co.uk

Give legal rights to animals, trees and rivers, say experts – The Guardian

‘Granting legal rights and protections to non-human entities such as animals, trees and rivers is essential if countries are to tackle climate breakdown and biodiversity loss, experts have said. The authors of a report titled Law in the Emerging Bio Age say legal frameworks have a key part to play in governing human interactions with the environment and biotechnology.’

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The Guardian, 10th October 2022

Source: www.theguardian.com

Sizewell C nuclear plant approval faces legal challenge – The Guardian

‘Campaigners have begun a legal challenge against the government’s decision to give the Sizewell C nuclear power station the go-ahead amid warnings that UK nuclear plants will be on the frontline of climate breakdown.’

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The Guardian, 8th August 2022

Source: www.theguardian.com

The Government’s Net Zero Strategy Ruled ‘Unlawful’ – Each Other

‘In a landmark victory, the High Court has ruled in favour of Friends of The Earth, ClientEarth and the Good Law Project, who took the Government to court over its Net Zero Strategy. Now that the policy has been deemed unlawful, the government must revise its strategy and lay out a credible plan for meeting emissions targets.’

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Each Other, July 2022

Source: eachother.org.uk

Court orders UK government to explain how net zero policies will reach targets – The Guardian

‘The high court has ordered the government to outline exactly how its net zero policies will achieve emissions targets, after a legal challenge from environmental groups.’

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The Guardian, 18th July 2022

Source: www.theguardian.com

Campaigners take legal action over failings of England’s food strategy – The Guardian

Posted July 12th, 2022 in climate change, food, government departments, judicial review, news by tracey

‘Food campaigners are taking legal action against the government for failing to support the transition to a low-carbon diet by encouraging people to eat less meat.’

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The Guardian, 11th July 2022

Source: www.theguardian.com

Goodbye greenwash! How the law is being used to force corporates to act on climate change – Mills & Reeve

‘Organisations and their leaders will increasingly face the financial and reputational consequences of climate change inaction, believes Alice Garton, director of global legal strategy at the Foundation for International Law for the Environment (FILE).’

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Mills & Reeve, 10th June 2022

Source: www.mills-reeve.com