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26 July 2024 / Douglas Maxwell
Issue: 8081 / Categories: Features , Environment , ESG , Climate change litigation
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Climate change litigation: Divided but ruled

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‘Downstream’ CO₂ emissions & causation: Dr Douglas Maxwell analyses the judgments of a divided Supreme Court
  • An in-depth explainer of the Supreme Court decision in Finch, including the background to the case, as well as the majority and dissenting judgments.
  • Includes an analysis of the decision, explaining the most likely impacts the decision will have on other projects and future climate change litigation.

On 20 June 2024, the Supreme Court handed down (a 3-2 majority) judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others [2024] UKSC 20, [2024] All ER (D) 71 (Jun). Lord Leggatt, who wrote the judgment for the majority, described it as ‘plain’ that the requirement to consider the ‘direct or indirect... effects of the project’ to extract oil meant that the environmental impact assessment (EIA) should include not just the greenhouse gas emissions directly arising from the project but also an assessment of emissions that will occur ‘downstream’ (sometimes referred

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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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