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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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