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Climate change litigation

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Australia-headquartered mining giant BHP has been held strictly liable as ‘polluters’ for the Fundão dam disaster in Brazil, in one of the largest group actions ever brought in the English courts
Amy Woolfson analyses the legal position of healthcare professionals who take part in climate activism
Doctors with placards—what is the law? In this week’s NLJ, barrister Amy Woolfson, of 5 St Andrew’s Hill, analyses the legal position where healthcare professionals take part in climate activism
A rise in nuisance claims against water utilities and in silicosis claims are among the insurance predictions for 2025.
Be on guard against ‘greenwashing’ as tough regulations are now in place. Moreover, the latest guidance available suggests a low threshold for culpability. In this week’s NLJ, Paige Coulter, associate at Quinn Emanuel Urquhart & Sullivan UK, with input from Julianne Hughes-Jennett, partner, sets out the risks involved and predicts a rise in litigation under the Companies Act 2006 and other legislation concerning allegations of greenwashing (publishing misleading information about the environmental or sustainability characteristics of a good, service or business).
‘Downstream’ CO₂ emissions & causation: Dr Douglas Maxwell analyses the judgments of a divided Supreme Court
The Finch ruling on ‘downstream’ emissions in environmental impact assessments is a seminal judgment by the Supreme Court

Planning permission for oil extraction at Horse Hill, Surrey, must take into account the environmental impact of combustion emissions when the crude oil is refined and burned, the Supreme Court has held in a landmark judgment

KlimaSeniorinnen unpacked: David Lawne, Luke Grimes & Ginevra Bicciolo discuss the first successful climate change case grounded in European Convention rights

The KlimaSeniorinnen case is a landmark judgment in terms of climate litigation by the European Court of Human Rights

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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