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31 May 2024
Issue: 8073 / Categories: Legal News , Profession , Procedure & practice , Environment , Commercial , Company , EU
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NLJ this week: ESG, anti-greenwashing regulations, the Energy Charter Treaty & remember the ‘S’

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NLJ serves up a triple helping of ESG (environmental, social and governance) articles this week, starting with Teja Pisk on the Financial Conduct Authority’s anti-greenwashing rule, in force on 31 May

Pisk, senior associate at Stevens & Bolton, explains what is required and why businesses need to act now, writing: ‘Those treading the line with their sustainability claims or ESG credentials may find themselves suddenly on the wrong side of new legislation and exposed to potential legal action.’

Álvaro Nistal, counsel, and Tim Smyth, senior associate, both Arnold & Porter, take an in-depth look at the implications of the UK’s exit from the Energy Charter Treaty. They look at what this means for foreign investors in the UK and UK investors abroad, what this means for the UK’s policy towards investor-state-dispute-settlement mechanisms more generally, and more.

Matthew Kay, partner and head of Vario, Pinsent Masons, and Mike Harvey, head of responsible business at Pinsent Masons, look at the opportunities for general counsel and their lawyers to ensure ESG ‘is at the heart of their strategy’, using examples such as Cadbury building a model village for its workers—‘so it’s clearly not a new phenomenon to recognise the link between happy and well-supported people and business success’.

Kay and Harvey champion the ‘S’ in ESG, and urge businesses to put their words into action.

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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