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The climate crisis & the cab rank rule

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Has the recent debate on refusal to act for fossil fuel companies exposed anomalies in the cab rank rule? Geoffrey Bindman KC considers the position for solicitors & barristers

The cab rank rule for barristers is said to date from the trial of Charles I in 1649, when John Cooke, the solicitor general, led the prosecution in Westminster Hall. He did not deliver his opening speech because Charles refused to recognise the court, but Charles was nonetheless convicted and executed. On the restoration of the monarchy in 1660, when the regicides were tried in their turn, Cooke met the same fate. His defence—that he was compelled to prosecute as a professional duty—was rejected. Ever since, the supposed duty of barristers to act for all who seek their services, on which Cooke vainly relied, has been acknowledged but rarely enforced.

Basic rules

The Daily Mail on 23 March 2023 misrepresented the cab rank rule in order to attack the barristers and solicitors who call themselves

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NEWS
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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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