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Home
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Who we are
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Our work
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Resources
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Contact us
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Website by
Magic Pumpkin
with thanks to
Chris Woodford
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Our work
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In covering the three main fields of work: public, environmental and
community projects, we seek to ensure that our services are affordable.
Often this is achieved with legal aid.
Sometimes more flexible funding arrangements may be required.
We also facilitate self-help and provide support where individuals may be
able safely to achieve their own solutions.
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Public law
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EarthRights solicitors specialise
in many aspects of public law, including:
freedom of information & data protection
access to services
education
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where official decisions may ultimately be challenged by
Judicial Review in the High Court.
Such work comes within the scope of our legal aid franchise
and if they are eligible our clients
may receive public funding by the Legal Services Commission.
An application for Judicial Review of a decision must be
filed at Court as soon as possible after the decision has been
made, and at the latest within 3 months
(this time limit can be even shorter,
eg. 6 weeks in certain planning appeals).
A judge will consider whether the decision has been made
properly (not whether it has merit).
The claim will succeed if the Judge is persuaded of three
things:
(1) that the decision in question was made illegally, irrationally or unfairly,
(2) that it has resulted in an unacceptable impact on someone
or the public interest, and
(3) that the JR claim itself has been made properly
and in good time.
Alternatively, a complaint may be pursued with the
relevant supervisory body.
A complaint against a local authority can be pursued with the
Local Government Ombudsman,
while a dispute with a central government body can be referred
by an MP to the Parliamentary and Health Service Ombudsman.
It is important to bear in mind that an ombudsman does not have
legal powers of enforcement and that if your case is suitable
for a Judicial Review you should immediately proceed with the JR
and not wait for the outcome of an ombudsman's investigation,
which can take some time.
Information and data disputes should be pursued in the first
place with the Information Commissioner.
An appeal lies from the Commissioner to the Information
Tribunal,
and from there by Judicial Review to the High Court.
Sometimes, it is not necessary to resort to the Courts,
a Commission or an ombudsman.
In our experience, mediation and negotiation can often secure
a positive result.
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Environmental law
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We have particular expertise on environmental issues
- advising and representing individuals and campaigns on planning, pollution, wildlife and land law,
appearing at public inquiries, and conducting legal challenges.
Our casework has covered
planning
pollution control
wildlife and habitat protection
environmental impact assessments
housing developments
roads
airport development
football stadia
sewage treament works
dock development
quarrying
incinerators
water pollution
telecommunication masts
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We both instruct counsel and attend public inquiries ourselves to represent
to provide representation in major developments and development plans.
Where a decision has been made and there are grounds on which to mount a legal challenge,
we do so often by Judicial Review or Statutory Challenge in the High Court,
in accordance with our public law specialism above
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Community Projects
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We assist communities who wish to protect a common interest or achieve a shared goal.
This can take the form of incorporating a community company in order to manage a local project,
to applying for the registration of a village green to protect local green space.
Community project work is a growing aspect of our practice.
Central to it is provision of legal tools to local communities with
which they can organise themselves towards a common goal -
constitutions, incorporation, charitable status, leases and licences.
Our casework has included:
Village green registrations
Community recycling initiatives
Community gardens and orchards management
Allotment preservation
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