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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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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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