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A Chinese takeaway

24 July 2015 / Tim Malloch
Issue: 7664 / Categories: Features , Public , Environment
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Tim Malloch considers the implications of the Hinkley Point C decision

Climate change is relatively uncharted territory for courts and lawyers. Surprising things can and do happen. In 2008 six Greenpeace protestors arrested for attempting to paint a slogan on the chimney of a coal power station in the UK successfully defended criminal damages charges on the grounds that they were trying to prevent climate change causing greater damage to property around the world. This year a Dutch court ruled that the Netherlands had to take more action to reduce the greenhouse gas emissions and ensure that the Dutch emissions in the year 2020 will be at least 25% lower than those in 1990. Seemingly robust political decisions become increasingly vulnerable when exposed to the science of climate change and the due process of litigation. 

The Austrian challenge

In April 2014 the European Commission excluded the nuclear industry from the guidelines on state aid for environmental protection and energy 2014-2020 on the grounds that it did not have sufficient experience to lay down

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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