Activist Lawyer

In this episode, Sarah is joined by Katie de Kauwe, a senior lawyer with Friends of the Earth, to discuss the vital role of legal actions in holding the UK government accountable for its climate obligations. They explore significant cases, some of which have disrupted the fossil fuel industry, including the Horse Hill (Finch) case which reached the UK Supreme Court, High Court challenges over the government's inadequate climate plans, and other important litigation.  Katie discusses how lawyers collaborate with grassroots activists to achieve long-term societal change, young climate change activists and the relationship between climate change and gender inequality.
The conversation also touches on the rise of 'persons unknown' injunctions, which pose a serious threat to democracy and the right to protest. Friends of the Earth has taken action on 'anti-protest' injunctions, even bringing cases before the European Court of Human Rights. Finally, Katie provides practical advice for those interested in pursuing a career as a climate justice lawyer. Not to be missed!
 
Katie de Kauwe specialises in environmental judicial review, and also has expertise in cases concerning the right to protest. Katie was listed in the ENDS Power List 2023 and 2024 of the UK’s 100 most influential environmental professionals, and was ranked in the Lawyer Hot 100 for 2023.  Katie led Friends of the Earth’s successful Climate Change Act challenges to the Government’s economy-wide decarbonisation plans, first the Net Zero Strategy, and then the Carbon Budget Delivery Plan which replaced it. She has worked on several critical challenges to fossil fuel projects. These include Friends of the Earth’s intervention in the landmark Finch appeal regarding oil drilling in Surrey, where the Supreme Court ruled in June 2024 that end-use emissions from fossil fuel projects must be included in the environmental impact assessment. Katie also worked on the organisation’s successful challenge to the grant of planning permission for a coal mine in Whitehaven, which was strengthened by Finch and ultimately succeeded on all grounds in September 2024, including those aspects relating to substitution, international impacts and carbon offsetting. Katie leads on Friends of the Earth’s casework on civil liberties, including its live application to the European Court of Human Rights, challenging the use of ‘anti-protest’ persons unknown injunctions.  Katie holds a degree in Biology BSc (1st Class Honours) and converted to law through a Masters in Law. 
[Katie has previously worked in criminal defence. She completed her training contract in private practice, and worked in civil litigation, before joining Friends of the Earth in 2018. She was previously involved in the Colombia Caravana, and has participated in two human rights delegations to Colombia. Katie is half-Sri Lankan, and strongly believes in the importance of addressing the deficit in representation of people of colour in both the legal profession and the environmental movement.
For cases mentioned on today’s episode as well as the legal work undertaken by Friends of the Earth (UK), read more here.

As part of our mini-series on Becoming an Activist Lawyer, host Sarah Henry discusses highlights from our guest contributors when asked to comment on the relationship between Activism and the Law.   

Megan Sethuraman is currently studying a Master’s in International Peace Studies at Trinity College Dublin. She joins Sarah on the podcast to discuss her recent visit to Palestine as a human rights monitor.  Megan shares her observations and discusses how anyone can get involved in advocacy and support for communities across the region who are suffering because of the escalating conflict. Megan also shares how her experience impacted her decision to pursue a career in human rights.

In Episode 94, host Sarah interviews immigration expert, Dr. Sue Conlan about the state of immigration in Ireland and the UK. The conversation offers an exploration of various pressing issues, including the legal landscape, the impact of political decisions, and the rising tide of xenophobia in both regions.
The conversation touches on pivotal moments such as Brexit, which has reshaped the immigration framework, leading to increased complexities and challenges for migrants.
Dr. Sue Conlan has specialised exclusively in the field of international migration, asylum and human rights since July 1987 in both the voluntary sector and legal aid firms. Her experience includes legal casework, research, training, political advocacy, consultancy, media and public speaking on migration and asylum issues and wider human rights issues. Sue's research includes the link between immigration control and public funds in the UK, people smuggling and migration, and asylum policy and practice in the UK and Ireland. In July 2020, Sue set up has TACTIC Immigration and Asylum CIC to provide training to organisations supporting people seeking asylum or in the UK illegally. 
 

Join award-winning barrister Oscar Davies and host Sarah Henry as they discuss Oscar's journey to their practice at Garden Court Chambers. Oscar shares personal insights into becoming a barrister and offers practical advice for aspiring legal professionals. They also address the lack of legal protections for trans and non-binary individuals, along with Oscar's upcoming book on non-binary recognition, promoting understanding and openness towards the challenges faced by the non-binary community. 
Oscar is recognised as the first publicly acknowledged non-binary barrister in the UK and has been a trailblazer in representing trans and non-binary clients across various civil and public law sectors. Oscar’s work as a barrister is a gateway to their activism in trans issues and climate related strategic litigation.
Their impressive accolades include winning 'LGBTQ+: Champion of the Year’ at the Legal 500 ESG Awards 2024 and being nominated for 'DE&I: Rising Star of the Year' at the same awards. Oscar was also nominated as one of the ‘Top 10 Outstanding Contributions to LGBT+ Life’ by the British LGBT Awards 2022 and was a finalist in this year’s Advocate's awards category Young Pro Bono Barrister of the Year'.
Oscar is ranked as a Tier 1 ‘Rising Star’ in the Legal 500 and was recently featured by Evening Standard Magazine as one of the Unsung Heroes of the LGBTQ+ community.
Beyond their courtroom successes, Oscar is currently writing a book on non-binary recognition, exploring how the law can better reflect and dismantle stigmas around gender/sex binary.

Sarah is joined by a distinguished panel contributing to the conversation on a timely and critical issue: the campaign to recognize Gender Apartheid as a crime against humanity.   
'United Against Gender Apartheid,' is discussed in detail by renowned journalist, author and campaigner, Robbyn Swan, Afghan lawyer and campaigner Mahbooba Faiz and Mahya Ostovar, a professor and long-time activist for women’s rights in Iran.  
The podcast highlights the worsening situation in Afghanistan and Iran, where women are subjected to systemic repression under legal frameworks designed to erase them from public life. The Taliban’s policies in Afghanistan and Iran’s Morality Police are cited as examples of these oppressive structures. 
This conversation is not just a legal debate—it’s a vital exploration of women's rights and the global movement to protect them. Be sure to download the episode and join the discussion! 
#unitedagainstgenderapartheid  
Mahbooba Faiz is a dedicated feminist and women’s rights activist with over six years of experience in advocating for gender equality. Her commitment to these causes intensified after escaping Afghanistan in 2021, following the Taliban's takeover and their subsequent restrictions on women's freedoms.  
Mahbooba is a two-time refugee, having first escaped Afghanistan in late 1996 when the Taliban took control of Kabul. During this time, she witnessed the harsh treatment of people, particularly women, including her mother. She is also a war victim, having lost her father during the Russian occupation of Afghanistan.  
In Ireland, Mahbooba has been an outspoken advocate, frequently appearing in the media to raise awareness about the plight of women under oppressive regimes, particularly in Afghanistan. She has worked to inform Irish society and the broader international community about the severe impact of Islamic fundamentalism on women's lives.  
Mahbooba holds a bachelor’s degree in law and has earned two master’s degrees in Law and International Studies, one from Afghanistan and one from the Republic of Ireland.  
She is married and has one child, balancing her family life with her passionate commitment to promoting women’s rights and gender equality. 
Mahya Ostovar is a women's rights activist and an assistant professor in Business Information Systems at University of Galway, Ireland. During her PhD studies in France, her research focused on campaigns against mandatory hijab in Iran—such as “My Stealthy Freedom” and “White Wednesdays.”  
Mahya was also active in the “#LetUsTalk” campaign, which demands the Western feminists and progressives to not silence the criticism of Islam, especially by Middle Eastern women, and the “#No2Hijab campaign,” which calls on Iranian women not to wear the headscarf in Iranian public.  
Her primary focus in all these activities has been the equality of women and their rights over their bodies.
Robbyn Swan is a well-known American journalist and author. Her book, The Eleventh Day: The Full Story of 9/11 and Osama Bin Laden, co-authored with her husband Anthony Summers, was a finalist for the Pulitzer Prize in History.
Robbyn has been a strong advocate for ending gender apartheid. Working alongside Mahbooba and Mahya, she has lobbied Irish representatives and organizations to keep the issue of women's rights under oppressive regimes on the political agenda.  
Her involvement with Mahbooba and Mahya highlights her dedication to global women’s rights and the push for international recognition and action against gender-based oppression. 
Contact details:  
Robbyn Swan:  swanrobbyn@yahoo.co.uk for more on #UnitedAgainstGenderApartheid. 
For more information on global campaigns to End Gender Apartheid, see the links below:  
End Gender Apartheid Today: https://endgenderapartheid.today/  
Instagram  
@endgenderapartheid.today  
@unitedagainstgenderapartheid  

Join us on the latest episode of the Activist Lawyer podcast as our former co-host, Jack McClelland, calls into the studio to share his travel adventures and offer insights into navigating a career in law. If you’re feeling uncertain about your career path, especially in human rights law, this episode is for you!
Sarah and Jack will also revisit some standout episodes featuring recent guests who offer valuable advice for those contemplating a career in human rights. Whether you’re exploring your options or looking for inspiration, this discussion promises to be both informative and inspiring.
Don’t miss out—tune in for a thought-provoking conversation that could help shape your future!

In this week's episode, Sarah is joined by Daniel Machover from Hickman & Rose, one of the UK’s leading solicitors in inquests, public inquiry work, complex civil litigation, and human rights cases.
Daniel has represented clients in high-profile cases, including the Grenfell Tower Inquiry, the Azelle Rodney Inquiry, and prisoners at Wormwood Scrubs Prison. Recently, he has also represented the family of Kelso Cochrane in uncovering the truth behind what has been called 'Britain’s first racist murder,' all of which is discussed in this episode.
Daniel shares his fascinating journey into the legal profession, inspired by his family’s experience at the hands of Israeli authorities as anti-Zionist Israelis speaking out against the occupation of Palestine.
He later co-founded Lawyers for Palestinian Human Rights and shares his thoughts on recent rulings by the ICJ regarding Israel, as well as his efforts to issue arrest warrants under universal jurisdiction, including a warrant for the arrest of a former senior Israeli army officer for alleged war crimes.
About Daniel
 
Daniel Machover is partner and Head of Civil Litigation with Hickman & Rose law firm based in London. Daniel’s pioneering human rights work has seen him bring cases to the Court of Appeal, Supreme Court and the European Court of Human Rights.
His long experience representing clients in civil claims arising from the criminal justice system enables him to offer specialist representation to both claimants and defendant in civil fraud cases and other civil disputes with a connection to criminal law.
Daniel is a trustee of the charity INQUEST which provides a specialist, comprehensive advice service to bereaved people on contentious deaths and their investigation, having previously served as Chair between 2010 and 2021. He is also a trustee of Legal Action Worldwide, which helps gain access to justice for those who need it most in fragile and conflict-affected states.

Sarah is joined by barrister Franck Magennis from Garden Court Chambers. 
Franck discusses UK asylum cases involving Palestinian applicants, his time working with Al-Haq human rights organisation as well as a swell in employment cases involving dismissals around a person’s activity in relation to what is happening in Palestine.  This is an interesting discussion on what could be described as a freedom of speech crisis.
Don’t miss an excellent and encouraging discussion about any potential conflict or tension that comes with entering the legal profession while holding strong political beliefs and being part of an active movement.  A candid and insightful episode not to be missed!
About Franck Magennis 
Franck Magennis was born in Dublin and raised in the six counties, Franck Magennis is a barrister called to the bar of England & Wales in 2016. He practises in public, civil and criminal defence. His work centres on challenging rights breaches by the British and other states, employers and landlords. He has expertise in legal claims relating to various aspects of the Palestinian struggle against "Israeli" colonialism, apartheid and genocide."

We pick up our discussion on legal developments impacting Palestine as we are joined by Miranda Cleland in Washington DC. As advocacy officer with Defense for Children International – Palestine (DCI-P), Miranda touches on the significance of the case against the Biden Administration for complicity in genocide. The case, which was dismissed, was taken by the Center for Constitutional Rights who filed a lawsuit on behalf of DCI-P and other Palestinian human rights groups as well as Palestinian and US citizens with relatives in Gaza.  The action itself was unprecedented and was not dismissed on its merits but because of technical grounds. Listen to find out more! We talk about the harrowing testimony Miranda and her colleagues receive from field researchers on the ground in Gaza and the West Bank as well Netanyahu’s address before congress as well as how the legal community and individuals can provide more support when it comes to holding Israel accountable.
 
Miranda Cleland is an advocacy officer at Defense for Children International - Palestine and lives in Washington, D.C., where she leads the No Way to Treat a Child campaign and advocates for the human rights of Palestinian children. Miranda is a writer, speaker, facilitator, and campaigner with expertise in children's rights, the Israeli military detention system, and Israeli military killings of Palestinian children. She holds a bachelor's with honors from American University in International Studies and Arabic language and has taken additional coursework in international law and the protection of children in armed conflict.