header-logo header-logo

The climate crisis & the cab rank rule

117949
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll