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NLJ this week: Reshaping climate justice

21 June 2024
Issue: 8076 / Categories: Legal News , Environment , Climate change litigation , EU , Human rights
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The KlimaSeniorinnen case is a landmark judgment in terms of climate litigation by the European Court of Human Rights

In this week’s NLJ, David Lawne, partner, Luke Grimes, senior associate, and Ginevra Bicciolo, associate, Hausfeld, write that the case ‘firmly establishes the principle that inaction by states on climate change may constitute a breach of human rights’.

Lawne, Grimes and Bicciolo take an in-depth look at the case and why it succeeded. They assess its implications for future litigation, both in the UK and in Convention contracting states abroad.

The authors note it sets a high bar for individual applicants and a low bar for associations seeking to bring climate change cases. They write: ‘In doing so it recognised that associations play a crucial role in representing those most affected by climate change, such as future generations who cannot speak for themselves.’

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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