Climate disputes – Parent company and supply chain risk

14 November, 2023
Growth of transnational tort claims means businesses risk liability for environmental failures by subsidiaries and counterparties In recent decades, there has been a marked increase in the number of actions brought in the UK and elsewhere based on alleged environmental and human rights-based failings by large multinational corporations. As these claims have developed in the … Read more

Court of Appeal rejects second major attempt at a climate-related derivative action

09 November, 2023
In July 2023, the Court of Appeal upheld the first instance decision in McGaughey & Anor v Universities Superannuation Scheme Limited [2023] EWCA Civ 873 (“McGaughey“), dismissing the application by members of a pension scheme to bring a derivative action against the directors of the scheme’s trustee company. McGaughey and ClientEarth v Shell, taken together, … Read more

Global perspectives on climate disputes – A recent history of shareholder claims

06 November, 2023
Our series on climate disputes finds the UK, Australia and the US placing high hurdles to successful investor claims but the risk is growing. Recent years have shown a rise in activist shareholders striving to shape corporate conduct around ESG matters, particularly climate change. Institutional investors are increasingly backing such initiatives, driven by the need to … Read more

UK government launches call for evidence on scope 3 emissions reporting

24 October, 2023
UK government seeks views on the costs, benefits and practicalities of Scope 3 emissions reporting to inform whether it endorses the International Sustainability Standard Board’s sustainability disclosure standards.  The Department for Energy Security and Net Zero (“DESNZ“) has launched a call for evidence on Scope 3 greenhouse gas emissions (“GHG“) reporting. Scope 3 emissions are … Read more

UK Transition Plan Taskforce publishes final disclosure framework

24 October, 2023
On 9 October 2023, the UK’s Transition Plan Taskforce (“TPT“) published its final disclosure framework (“Disclosure Framework“) and supporting documents. The Disclosure Framework is intended to act as a “gold standard” for companies to develop, disclose and deliver their climate transition plans. The Disclosure Framework seeks to offer practical support to UK companies already disclosing … Read more

The winds of change – What next for public law climate disputes in the UK?

19 October, 2023
Climate change-related disputes continue to grow in terms of the different types of claims and the different common law and civil law jurisdictions around the world where such litigation has been brought. In this first piece of our climate change disputes series, we start by giving the public law perspective in the UK, as this … Read more

Climate disputes – A 360-degree perspective

11 October, 2023
Climate change is at the forefront of global news and politics, but it is not just an issue for politicians, policy makers and those working in the energy or environmental fields. Climate change is one of the most significant challenges for business that has ever existed. It is one of the few issues that can … Read more