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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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Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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