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

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