header-logo header-logo

NLJ this week: The difficulties of bringing derivative claims in climate actions

16 September 2022
Issue: 7994 / Categories: Legal News , ESG , Climate change litigation
printer mail-detail
93937
ESG (environmental, social and governance) is an increasingly influential factor for corporates, and the prospect of ESG litigation may help keep companies in line

However, claimants still face high hurdles when bringing climate-related derivative actions, Andrew Short KC & Helen Pugh, of Outer Temple Chambers, write in this week’s NLJ.

They cover recent derivative claims in the High Court, explaining why the Foss v Harbottle test makes it difficult for such claims to succeed. They discuss what worked and what didn’t, including why a particular type of evidence was too vague. One case, McGaughey v USSL, in which two academics sought to force their pension funds to divest from fossil fuel equities, ‘exemplifies the hurdles for those seeking to bring a derivative claim on ESG matters in the future’.

They advise: ‘In divestment claims, the court will expect claimants to identify particular investments which the company ought to divest from, replacement investments it ought to invest in instead, and to provide persuasive evidence of a benefit—likely in most cases to have to be financial—to the company in making this switch’.

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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll