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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

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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