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31 May 2024 / Matthew Kay , Mike Harvey
Issue: 8073 / Categories: Features , Profession , Environment , Company
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The (green) heart of ESG

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As engagement with the ESG agenda moves from a nice-to-have to a must-have, Matthew Kay & Mike Harvey consider the role of legal teams

The ESG agenda presents an opportunity in many ways for legal teams to further ingratiate themselves into the business and play a strategic role. But it can be difficult to adopt an opportunity outlook from a risk outlook, and there is no denying that an increased focus on all the issues which fall under the ‘ESG’ (environmental, social and governance) banner add to a lawyers’ already busy to-do list. For example, in 2022, a survey from EY revealed that 99% of general counsels (GCs) expected environmental and social concerns to add to their workload. The vast majority—95%—also reported that reconciling the balance between financial and sustainability goals presented a challenge (‘The general counsel imperative: how the law department is key in unlocking your sustainability strategy’, EY, 6 April 2022).

Ever-evolving global regulation regarding ESG alone can keep lawyers busy, never mind the increased focus

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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
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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