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Climate change litigation

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Australia-headquartered mining giant BHP has been held strictly liable as ‘polluters’ for the Fundão dam disaster in Brazil, in one of the largest group actions ever brought in the English courts
Amy Woolfson analyses the legal position of healthcare professionals who take part in climate activism
Doctors with placards—what is the law? In this week’s NLJ, barrister Amy Woolfson, of 5 St Andrew’s Hill, analyses the legal position where healthcare professionals take part in climate activism
A rise in nuisance claims against water utilities and in silicosis claims are among the insurance predictions for 2025.
Be on guard against ‘greenwashing’ as tough regulations are now in place. Moreover, the latest guidance available suggests a low threshold for culpability. In this week’s NLJ, Paige Coulter, associate at Quinn Emanuel Urquhart & Sullivan UK, with input from Julianne Hughes-Jennett, partner, sets out the risks involved and predicts a rise in litigation under the Companies Act 2006 and other legislation concerning allegations of greenwashing (publishing misleading information about the environmental or sustainability characteristics of a good, service or business).
‘Downstream’ CO₂ emissions & causation: Dr Douglas Maxwell analyses the judgments of a divided Supreme Court
The Finch ruling on ‘downstream’ emissions in environmental impact assessments is a seminal judgment by the Supreme Court

Planning permission for oil extraction at Horse Hill, Surrey, must take into account the environmental impact of combustion emissions when the crude oil is refined and burned, the Supreme Court has held in a landmark judgment

KlimaSeniorinnen unpacked: David Lawne, Luke Grimes & Ginevra Bicciolo discuss the first successful climate change case grounded in European Convention rights

The KlimaSeniorinnen case is a landmark judgment in terms of climate litigation by the European Court of Human Rights

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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