The new environmental litigator

Abstract

In 1989, I was interviewed by the legal journalist, Marcel Berlins, for BBC Radio 4's 'Law in Action' programme. He asked me whether I thought that there was such a concept as environmental law and environmental litigation. I said 'No!' Now 5 years later, it seems surprising that this conversation even took place, never mind the answer that I gave. Environmental law is now a fundamental part of the British legal landscape and the courts are increasingly having to apply their respective minds to environmental issues. Let me describe what has driven me to become one of the people involved in this new and exciting area of the law. When ! qualified as a lawyer in 1981, I became a plaintiff's personal injury lawyer, undertaking standard cases about slipping, tripping and road accidents. In 1984, I was telephoned by Frank Cook the Member of Parliament for Stockton. Frank's constituency was one of the many that the government had earmarked as a potential site for the dumping of low-level radioactive waste. Frank had spent a good deal of time looking into the issues to do with radiation, and was surprised that those who fell victim to the operation of the industry had no group to assist and represent its views. He rang to ask, therefore, whether I would take part in the newly formed 'Radiation Victims Roundtable' a group of politicians, experts, activists and lawyers who were interested in helping victims. I was delighted to help but knew next to nothing about the issue and spent only the odd few hours a year at meetings assisting the group over the following 3 years. This all changed when I received a letter from an activist who was assisting the Merlin family who had a legal claim against British Nuclear Fuels. I