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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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The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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