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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

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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