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24 July 2015 / Tim Malloch
Issue: 7664 / Categories: Features , Public , Environment
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A Chinese takeaway

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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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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