Climate disputes – Parent company and supply chain risk

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

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

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

COP26 SERIES: NATIONALLY DETERMINED CONTRIBUTIONS

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

COP26 SERIES: NATURE BASED SOLUTIONS

EXECUTIVE SUMMARY There is increasing interest in the role Nature-based Solutions’ (“NbS”) are to play in adaptation and mitigation of climate change at COP26. Its role, especially in the context of Article 6 relating to carbon markets, will be of critical concern to many countries and blocs especially Brazil and the African Group of Negotiators. … Read more

COP26 SERIES: CLIMATE FINANCE

The COP26 Private Finance Hub was set up to help bridge the gap between the Paris Agreement targets and the very significant changes across world economies that are required to meet those targets. It is led by Mark Carney, and its objective for COP26 is to ensure that every professional financial decision takes climate change … Read more

COP26 SERIES: CARBON MARKET MECHANISMS AND COP26

OVERVIEW The Paris Agreement, adopted by 196 Parties at COP21 in Paris, aims to limit global warming to below 2, preferably to 1.5, degrees Celsius compared to pre-industrial levels. The Paris Agreement included a number of methods and goals for achieving this target. In particular, Article 6 contains three carbon pricing mechanisms, two of which … Read more

The IPCC 2021 Climate Change Report – An Overview

The United Nations Intergovernmental Panel on Climate Change (IPCC) has released its 2021 AR6 climate change report (Report), as well as a summary for policy leaders. The Report addresses the current understanding of the climate system and climate change as well as the future possibilities of what could occur. In early 2022, the IPCC plans … Read more