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04 February 2010 / Malcolm Dowden
Issue: 7403 / Categories: Features , Environment
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Science fiction?

Has climate change litigation become more difficult? asks Malcolm Dowden

Shortly before the Copenhagen climate change summit in December 2009 emails leaked or hacked from the University of East Anglia’s Climatic Research Unit prompted responses ranging from robust defence of the integrity and validity of climate change science to angry denunciation of the “Anthropogenic Global Warming conspiracy”. Those denunciations were largely brushed aside in Copenhagen while media attention focused on the Copenhagen Accord.

However, “Climategate” revived and intensified with “Glaciergate”. Rajendra Pachauri, chair of the Intergovernmental Panel on Climate Change (IPCC), was compelled to withdraw as having no scientific basis claims that Himalayan glaciers could disappear by 2035, and to acknowledge that their inclusion in the Fourth Assessment Report in 2007 reflected a “poor application” of IPCC procedures.

“Climategate” and “Glaciergate” are likely to have a significant, and possibly deterrent, effect on climate change litigation as the possibility of further flaws in the IPCC assessment reports encourages more aggressive and forensic examination of expert evidence.

Climate change attains legal significance when the phenomenon (and its

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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