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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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