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13 October 2023 / Andrew Magowan
Issue: 8044 / Categories: Features , Profession , ESG
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ESG requires bravery—otherwise you’re greenwashing

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Bravery is the key to ensuring you don’t end up daubed in greenwash, says Andrew Magowan
  • Focusing on three key things when evaluating anything from a sustainability perspective helps. These are: prioritising; asking questions; communicating openly & honestly.
  • Purely focusing on rules and regulation can be, at best, a wasted opportunity. But at worst, it’s a dereliction of our duties as lawyers.

Question: what is a lawyer’s natural habitat? Where are they generally most comfortable?

I’m sure there’ll be a range of answers among everyone reading this. But I reckon a fair number will picture lawyers being happy in detail—happy in interpreting, making sense of and applying complicated, technical requirements. After all, isn’t that what all those years of reviewing cases and legislation trained us all to do?

And there is a lot of truth in that. When I see lawyers involved in sustainability, I see them getting bogged down in the ‘detail’ of helping businesses meet ever increasing reporting obligations in each of the jurisdictions they’re operating in.

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NEWS
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NLJ this week: Tightening the screws on JCT terminations
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
NLJ this week: Old rules, fresh warnings in employment law
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
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
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
NLJ this week: Surrogacy children caught in succession gap
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’
NLJ this week: Online safety law at a crossroads
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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