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With companies increasingly making environmental claims and a rise in ESG regulation, we outline the risks of greenwashing allegations in three key markets Fuelled by the global spread of ESG and climate-related disclosure obligations and coupled with pressures from increasingly ESG-driven stakeholders, businesses are saying more than ever about their environmental and social performance. These … Read more
Reconciling the need for breakthroughs to back the energy transition with the commercial drivers required to achieve them will demand thoughtful use of IP The scale of the change needed to tackle climate change is enormous and it is clear the global transformation to a low carbon economy will be underpinned by technological innovation. Incredibly, … Read more
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
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
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
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 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
It has been an active 12 months in the climate change litigation space, both in Australia and internationally. The political and legal landscape is rapidly evolving and the need to keep pace with these developments is presenting companies with new strategic challenges. Read more
As the 2021 United Nations Climate Change Conference (COP26 or the Conference) draws near, the spotlight on international efforts to tackle climate change intensifies. COP26 is an important Conference for many reasons, one of which is that it will be the first Conference at which new and/or updated Nationally Determined Contributions (NDC) will be discussed. WHAT ARE … Read more
