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Climate change litigation: Taking the temperature

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

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Mourant—Stephen Alexander

Mourant—Stephen Alexander

Jersey litigation lead appointed to global STEP Council

mfg Solicitors—nine trainees

mfg Solicitors—nine trainees

Firm invests in future talent with new training cohort

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
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