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Reshaping climate justice

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KlimaSeniorinnen unpacked: David Lawne, Luke Grimes & Ginevra Bicciolo discuss the first successful climate change case grounded in European Convention rights
  • In a seminal judgment delivered in April 2024, the European Court of Human Rights found for the first time that a country’s failure to combat climate change constitutes a violation of human rights under the European Convention on Human Rights.
  • The ruling sets a low bar for associations to have standing to bring climate change cases, likely shaping the future landscape of climate litigation.

The European Court of Human Rights (ECtHR) recently delivered judgments in three groundbreaking climate cases: Verein KlimaSeniorinnen Schweiz et al v Switzerland (App No 53600/20), [2024] ECHR 53600/20, Carême v France (App no 7189/21), and Duarte Agostinho et al v Austria et al (App no 39371/20).

For the first time, litigants argued before the court that the European Convention on Human Rights imposes obligations on states to combat the effects of climate change. The court’s verdict promises to reshape the landscape of climate litigation in Europe.

While

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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