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26 July 2024 / Douglas Maxwell
Issue: 8081 / Categories: Features , Environment , ESG , Climate change litigation
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Climate change litigation: Divided but ruled

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‘Downstream’ CO₂ emissions & causation: Dr Douglas Maxwell analyses the judgments of a divided Supreme Court
  • An in-depth explainer of the Supreme Court decision in Finch, including the background to the case, as well as the majority and dissenting judgments.
  • Includes an analysis of the decision, explaining the most likely impacts the decision will have on other projects and future climate change litigation.

On 20 June 2024, the Supreme Court handed down (a 3-2 majority) judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others [2024] UKSC 20, [2024] All ER (D) 71 (Jun). Lord Leggatt, who wrote the judgment for the majority, described it as ‘plain’ that the requirement to consider the ‘direct or indirect... effects of the project’ to extract oil meant that the environmental impact assessment (EIA) should include not just the greenhouse gas emissions directly arising from the project but also an assessment of emissions that will occur ‘downstream’ (sometimes referred

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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