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21 April 2023
Issue: 8021 / Categories: Legal News , Environment , ESG , Procedure & practice , CPR
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NLJ this week: The environmental cost of dispute resolution

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Dispute resolution uses an astonishing amount of carbon resources, and it’s time to make it more environmentally sustainable, barrister Dr Mike Wilkinson and commercial director of AI-powered litigation platform TrialView, Eimear McCann write in this week’s NLJ.

Wilkinson, of 18 St John Street Chambers, and McCann, who is a former lawyer, put the case for a profession-wide change of approach. They set out practical measures to reduce carbon and explain the issue, recommend potential solutions and advocate for change. Incredibly, according to the Campaign for Greener Arbitrations, the average international arbitration takes nearly as many as 20,000 trees to offset (although, as offsetting is itself deeply problematic, it is always better to reduce emissions in the first place).

If the environmental reasons don’t change behaviour, however, then client-driven imperatives might. Wilkinson and McCann write: ‘Increasingly, corporate clients are operating within an environmental, social and governance (ESG) framework and are beholden to their stakeholders. They may have contractual commitments to endeavour to reduce their emissions; their funding may even have been subject to such commitments. Increasingly, regulations require companies to report on their carbon emissions and transition plans, and shareholders may call for more environmentally responsible behaviour.’ 

Read the full article on making litigation greener here.

MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
Refusing ADR is risky—but not always fatal. Writing in NLJ this week, Masood Ahmed and Sanjay Dave Singh of the University of Leicester analyse Assensus Ltd v Wirsol Energy Ltd: despite repeated invitations to mediate, the defendant stood firm, made a £100,000 Part 36 offer and was ultimately ‘wholly vindicated’ at trial
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
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