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16 September 2022
Issue: 7994 / Categories: Legal News , ESG , Climate change litigation
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NLJ this week: The difficulties of bringing derivative claims in climate actions

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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

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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