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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

Trowers & Hamlins—Rahul Sagar

Trowers & Hamlins—Rahul Sagar

Banking and finance practice bolstered by partner hire

mfg Solicitors—Ian Sheppard

mfg Solicitors—Ian Sheppard

Commercial litigation team welcomes senior associate in Birmingham

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

NEWS

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Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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