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Climate change litigation: Taking the temperature

30 September 2020 / John McElroy , Luke Grimes
Issue: 7904 / Categories: Features , Climate change litigation
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John McElroy & Luke Grimes examine climate change litigation in England and Wales

In brief

  • The legal and regulatory framework.
  • Litigation: holding governments to account.
  • Litigation risks for businesses.

The climate crisis has dominated news headlines around the world over recent years as the true scale of the challenge to address our climate breakdown becomes increasingly clear. A key part of action to address the crisis must be the introduction and enforcement of a legal framework which facilitates significant change. Here, we consider the existing legal framework in England and Wales, particularly focusing on directors’ duties, and the role of recent and potential future developments in climate change litigation for the wider debate.

The legal & regulatory framework

As regards directors’ duties relating to climate change, several provisions under the Companies Act 2006 offer ways for investors to monitor and take necessary action. Under s 393, directors must not approve accounts unless they are satisfied that they ‘give a fair view of the assets, liabilities, financial

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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