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16 June 2023 / David Greene
Issue: 8029 / Categories: Opinion , Climate change litigation , Environment , Public
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The (litigation) road to net-zero

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Governments & corporations worldwide are facing ever-increasing challenges relating to climate change, as David Greene explains

The development of climate change and environmental, social and governance (ESG) litigation across the world gathers pace but, as evidenced by recent UK decisions, there remain some basic hurdles for campaigners and litigants as they test fundaments of responsibility and liability at law.

Getting claims off the ground

As covered previously in NLJ the court in McGaughey and another v Universities Superannuation Scheme Ltd (USSL) and others [2022] EWHC 1233 (Ch) refused permission for members of the USSL pension scheme to pursue a derivative action against the investment policies of the trustees in relation to fossil fuels (see 'No green light (yet) for climate actions', 172 NLJ 7994, pp9-10), They sought to bring a derivative claim through USSL, not under the procedure for shareholders governed by Pt 11 of the Companies Act 2006 (CA 2006), but at common law as non-shareholders. This will always be a challenge and the court

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MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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