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30 September 2020 / John McElroy , Luke Grimes
Issue: 7904 / Categories: Features , Climate change litigation
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Climate change litigation: Taking the temperature

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John McElroy & Luke Grimes examine climate change litigation in England and Wales

In brief

  • The legal and regulatory framework.
  • Litigation: holding governments to account.
  • Litigation risks for businesses.

The climate crisis has dominated news headlines around the world over recent years as the true scale of the challenge to address our climate breakdown becomes increasingly clear. A key part of action to address the crisis must be the introduction and enforcement of a legal framework which facilitates significant change. Here, we consider the existing legal framework in England and Wales, particularly focusing on directors’ duties, and the role of recent and potential future developments in climate change litigation for the wider debate.

The legal & regulatory framework

As regards directors’ duties relating to climate change, several provisions under the Companies Act 2006 offer ways for investors to monitor and take necessary action. Under s 393, directors must not approve accounts unless they are satisfied that they ‘give a fair view of the assets, liabilities, financial

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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