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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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