Title: Environmental Law: Regulation and the Right to Protest

Speakers: Sudhanshu Swaroop KC (Twenty Essex)
Stephen Simblet KC (Bencher, Garden Court Chambers)

Moderator: Saira Kabir Sheikh KC (Bencher, FTB)

The speakers will discuss recent decisions in the civil and criminal courts of England and Wales in relation to protests concerning the environment or climate change. Climate change and environmental catastrophe are real and pressing issues. At the same time there is a view that protests need to be within the bounds prescribed by the law and the rights of others as formulated in a democratic society. The question is whether and to what extent the law corresponds to what is just. In this context, the speakers will also consider changes in the primary legislation impacting the right to protest (concerning inter alia the right to freedom of assembly and freedom of expression) and use of criminal law to proscribe peaceful protest (however construed). Has the use of civil injunctions expanded: and is that remedy operating fairly? And, finally, they will ask whether the right balance is being struck between the rights of protestors and the interference of those rights as a matter of public policy. To what extent is the lack of effective regulation of public and private bodies which are damaging the environment, relevant to the breadth of lawful protest? Is there a balance that can be struck? And will history look upon the climate protestors in a different light?

The event will be delivered in person and online. The session will include an opportunity for Q&A and for post-talk networking.

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Cancel by: 07/10/2024

- Identify what are the contours of the right to protest (including freedom of expression and freedom of assembly) and what are the limits to that right
- identify recent changes in the law relating to protest emanating from primary legislation and decisions in the civil and criminal courts (including sentencing)
- Know what defences protestors often plead when charged with criminal offences in protest cases
identify possible legislative reforms in relation to environmental law and climate change through the democratic process. Is there a limit to what can be done through existing institutions that compels people to lawfully protest?
- Discuss points of contention in legislating against peaceful protest (and how that is defined) and the public policy objectives being sought in so legislating. What are legitimate public policy concerns in relation to climate protest? Where should the balance to be struck?