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Adverse consequences

03 February 2012 / Stephen Hockman
Issue: 7499 / Categories: Opinion , Environment
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Stephen Hockman QC condemns government manoeuvres to restrict affordable access to environmental justice

The importance of an appropriate legal framework for the protection of the environment should, in this day and age, need no emphasis. There are two aspects of this framework. The first is the system of public law under which decisions by public authorities that, unlawfully or irrationally, fail to protect our environment can be challenged by way of judicial review. The ability to bring such judicial review challenges has been held by the Judicial Committee of the House of Lords (the predecessor of the Supreme Court) as essential to secure compliance with our obligations under the European Convention of Human Rights. The UK is also a party to the so-called AARHUS Convention, which requires that such challenges can be brought without prohibitive expense, a duty which, according to a recent decision of the AARHUS compliance committee, the UK is already failing to meet.

Of equal importance is the ability of a citizen or a group of citizens to bring private law proceedings (usually

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Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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