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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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