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Communications
 Client Earth are activist lawyers committed to securing a healthy planet: using environmental law to protect oceans, forests, and other habitats as well as all people. A new book which tells the successful story of Client Earth over the last decade since it was founded, was launched in May. Written by founder and CEO, James Thornton and his husband Martin Goodman, the book charts the journey of the non-profit environmental law group from inception to the present day.   Just before the recent election, and following a legal challenge by Client Earth, the UK government was ordered by the High Court to produce new improved plans to show how it is going to comply with legal limits of air pollution in the shortest time possible. This is but one of their successes in holding legislators to account.  But also a perfect example of their approach. So, as a Trustee of an environmental charity, you can imagine my sense of anticipation at its publication. And the book does indeed chart the rise of public interest environmental lawyers in the USA since the 1980s, and makes valuable points about NGOs and the law.   Cutting his teeth on the ‘Save the Bay’ campaign, focussed on eliminating the run off of agricultural pesticides and fertilisers in 1983, and moving on to the dumping of heavy metals and chemicals in watercourses by Bethlehem Steel in 1984, some of James Thornton’s early successes concentrated on pollution of rivers and seas. Since then his, and his team’s, work has widened in scope, and its geographical boundaries. In 2007 he moved to England, qualified in British law, and established his first European office. This was shortly followed by offices in Poland, Brussels, Africa, and most recently China. Where he is working with the government to draft law and train lawyers.   The American passages are perhaps the best in the book. But, at risk of being accused of a bad case of ‘not invented here’, the move to Europe comes with the bold assertion that environmental law didn’t exist in the UK until Client Earth’s arrival. Thornton is absolutely right to say that environmentalists must create a new vision for their efforts. Presenting logical, but doom laden, arguments about the future of the Earth does not work for many citizens. Just as the referendum result in the UK and the election of Donald Trump in the US have both defied logical explanation so, Thornton and Goodman contend, we must correspondingly construct a new ‘brand’ for environmentalism based on hope. Along with this goes the acceptance that, having passed through the historical stages of agricultural then industrial civilisation, we are now entering a new epoch of ecological civilisation.   Personally, I largely agree with the authors’ assertion that enforcement of the law is one solution. I can also empathise with their view – based on my own experience – that some campaigning NGOs see their role as exposing problems. Not in fashioning the solutions. I am also firmly of the belief that it is naïve to believe that something – the ‘techno utopian card’ – will turn up to save us. So the thrust of the book is not at issue.  
Where I have a problem is with the book’s style and execution. Alternating chapters between two different authors leads to a disjointed and repetitive reading experience. Thornton’s chapters are clear, concise, and brief. Goodman’s are rambling, plagued by extraneous quoted dialogue, and gushing in their admiration of Thornton.
  Jonathan Porritt’s flyleaf endorsement may be correct in saying that ‘more important still are the vision, values, and gritty dedication of an amazing group of lawyers’, but I can’t escape the feeling that this book has something of the Hollywood movie about it. So, can our plucky heroes defeat the forces of evil?!   Published by Scribe Publications 2017 (www.scribepublications.co.uk) UK edition 978 1911 344 087  ©2017 M J Hoare
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Communications
Is it All Over for Cash?   I make contactless payments just like anybody else, and it always alarms me to hear the person next in line decline their receipt. How on earth do they keep a tally of their spending, stop going overdrawn, and incurring bank charges? Maybe they are so spectacularly wealthy that it’s irrelevant, or they always run an overdraft, or maybe they just don’t care.   New figures from the British Retail Consortium suggest that, 10 years after their introduction in the UK, contactless payment cards have finally won over the British public. They now account for about a third of all card purchases, up from 10% as recently at October 2015. And, for the first time, notes and coins have been evicted from their position as the UK’s number one payment method.   Cards now account for more than half of all retail purchases, according to the BRC. And, in its latest annual payments survey, it claimed that debit, credit and charge cards had “firmly established their place as the dominant payment method in retail”, and were “increasingly displacing cash for lower-value payments”.   So, some adherents to the new doctrine are suggesting that this is the tipping point that signals the beginning of the end for cash? But wait. Cards have accounted for the majority of retail spending by value for years, but 2016 was the first year they also accounted for more than 50% of all transactions. It is also the first time that debit cards have overtaken cash. They now account for 42.6% of all transactions, putting them a fraction ahead of notes and coins, which fell almost five percentage points to 42.3%.   Contactless cards were introduced in the UK in 2007, and were slow to take off; a cautious public gradually accepting the technology in coffee shops and other low value outlets. The initial upper limit of £20 per transaction was increase in 2015 to £30. Subsequently, the technology has spread, and it is now possible to pay bus and tube fares, give charitable donations, and buy drinks at the bar with a flick of the wrist. So, much of the increased use must be down to the availability of the technology as to citizens rejection of cash.   Plus, customers’ psychological barriers have been gradually whittled away. Which is good news for shops! Handing over £20 in notes – and registering the diminishing cash in one’s wallet – is so much harder than flashing the plastic cash. So, if you subscribe to the theory that these cards make it too easy to spend money, one can imagine why retailers are keen to encourage the contactless revolution. Shops also have a vested interest in the demise of cash as it costs them money to transport and deposit it.   On the downside, the Bank of England last month suggested that the popularity of contactless cards was helping to fuel the rapid growth in consumer debt. Going overdrawn may also result in bank charges, further adding to that debt.   So could the UK end up going cash-free? Arguably we’ve been headed in that direction since the repeal on the Truck Acts – legislation that allowed workers to insist on payment in cash – in the 1980s. So it’s had a long gestation in the UK. Now Sweden is in the vanguard, and is expected to become the world’s first truly cashless society, with a study by Stockholm’s KTH Royal Institute of Technology predicting that cash could be history there by 2030.   Notes and coins may be dirty and a nuisance to transport but, in their favour, they are tangible stores of value. Electronic cash – Swedish style – is just a call on the local bank that issued it. What happens when all record of this month’s pay, and your bank account, mysteriously disappear due to a computer error? Who underwrites your money? A note issued by the Bank of England – which is wholly owned by UK government – at least carries a promise to ‘pay the bearer’ the relevant value. So you have some chance of redress.   But never fear, Victoria Cleland, chief cashier and director of notes at the Bank of England, reckons the folding stuff and loose change will be around in the UK for some time yet. “Cash is very much alive and kicking,” she said in a recent speech. The value of Bank of England notes in circulation peaked in the run-up to Christmas 2016, reaching more than £70bn for the first time. So, no need to worry about that stash of notes under the mattress just yet. But maybe you should swap those old tenners for new ‘Jane Austen’ polymer notes!
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