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FURY AT WOKE BARRISTERS REFUSING TO PROSECUTE ECOWARRIORS

By Colin Fernandez, Alice Wright and Kumail Jaffer

LEADING lawyers have been accused of undermining the legal system by declaring that they will not prosecute climate activists.

Around 120 top legal professionals are set to sign a ‘Declaration of Conscience’ vowing to refuse their services in prosecuting protesters from eco-groups such as Just Stop Oil and extinction Rebellion.

Amid accusations of virtue signalling, the group – who call themselves ‘Lawyers are Responsible’ – will also refuse to act on behalf of clients involved in oil and gas on the grounds that they are destroying the environment.

Prominent lawyers understood to be involved are Jolyon Maugham KC, founder of the Good Law Project, and Sir Geoffrey Bindman KC, chairman of the British Institute of Human Rights.

The move triggered fierce condemnation last night from senior members of the legal profession, who accused the group of undermining the convention that everyone is entitled to fair legal representation.

Tory MP Robert Buckland, a King’s Counsel and former justice secretary, called the declaration ‘very odd’, saying: ‘There are plenty of people lawyers represent who are deeply unpleasant and deeply unpopular, such as rapists and paedophiles. But they are entitled to a fair trial. When lawyers start picking and choosing, in a way it undermines the independence of the legal

profession. the importance of that independence is not about one’s individual views but the interests of justice, and i do think that’s a very odd approach to take, frankly, and not really consistent with the role of a lawyer.

‘When you are a lawyer, you put your personal views aside... and you represent clients without fear or favour.

‘This declaration doesn’t sit very well with that principle.’

Another senior legal figure, who did not want to be named, said: ‘it seems absurd, a piece of virtue signalling by lefty lawyers – that’s how it comes across to me.’

In english law, the so-called cab rank rule means a barrister must take a case

‘Absurd piece of virtue signalling’

that is within their knowledge and expertise, provided they are free to do so, no matter how unpalatable the cause.

it is described as ‘an essential safeguard of access to justice, the public interest, and the rule of law’ by the Bar Standards Board, which regulates barristers.

tory MP Sir Geoffrey cox Kc, a former attorney general, said last night: ‘ it’s difficult to see, given the very clear rules that the profession requires, how you could justify refusing instructions for political reasons...

‘it’s equally deplorable to attack any barrister for the nature of their client, whether it be from the left or from the right... [a lawyer] is as much beholden to or as much interested in or connected with the political views of his client as a plumber is to his client, or a doctor to his basement.’

And nick Vineall Kc, head of the Bar council, which represents barristers, said of the declaration: ‘i’ve no doubt these views are genuinely held and derive from good intentions. But i believe the greater good is better served by the long-established approach that we’ve got a job to do as a profession.’

As well as Mr Maugham and Sir Geoffrey, it is understood Professor leslie thomas Kc, the Gresham Professor of law, will sign the declaration. Doing so could make lawyers subject to disciplinary proceedings. Mr thomas said: ‘the cab rank rule does not prevent barristers from expressing their opinions or campaigning for causes they believe in.

‘Signing the [declaration] does not mean i reject the cab rank rule or that i would refuse to act for any client who instructs me in accordance with it. it simply means i support the right of lawyers to take a stand against new fossil fuel projects and to defend those who peacefully protest against them.’ Matt Hutchings Kc, a commercial lawyer and one of the drafters of the declaration, said: ‘We are looking at a global catastrophe. the UK needs to divest from fossil fuels and invest in alternatives far more rapidly than we are.

‘It is imperative that everyone, including lawyers, does what they can to make this happen.’

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2023-03-24T07:00:00.0000000Z

2023-03-24T07:00:00.0000000Z

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