Climate change litigation has been on the rise since 2015. A report published by the
To date, the majority of cases are bought against governments. For example, ClientEarth are suing the
In
Whilst the claim remains in its early stages, as ClientEarth has not yet filed papers with the Court and would need permission to do so, this could be the beginning of a shift towards litigation directed at corporate entities from individuals, activists, and non-governmental organisations.
The main considerations that we can take away from ClientEarth's initial action are:
- Climate change litigation will continue to grow, potentially in a strategic manner to force action on climate change
- There will likely be an increase in the use of the justice system to push corporate entities to honour and increase their climate change commitments
- There is a risk to directors and shareholders that they can be held personally accountable for a company's strategy and actions.
If this action continues, and is permitted by the Court, it is likely to attract attention and raise awareness of the ongoing challenges that climate change brings as well as a means of holding people accountable to their failure to make change.
Dispute Resolution Partner,
Originally published
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
RWK Goodman
EC4V 5HF
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