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16 September 2022
Issue: 7994 / Categories: Legal News , ESG , Climate change litigation
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NLJ this week: The difficulties of bringing derivative claims in climate actions

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ESG (environmental, social and governance) is an increasingly influential factor for corporates, and the prospect of ESG litigation may help keep companies in line

However, claimants still face high hurdles when bringing climate-related derivative actions, Andrew Short KC & Helen Pugh, of Outer Temple Chambers, write in this week’s NLJ.

They cover recent derivative claims in the High Court, explaining why the Foss v Harbottle test makes it difficult for such claims to succeed. They discuss what worked and what didn’t, including why a particular type of evidence was too vague. One case, McGaughey v USSL, in which two academics sought to force their pension funds to divest from fossil fuel equities, ‘exemplifies the hurdles for those seeking to bring a derivative claim on ESG matters in the future’.

They advise: ‘In divestment claims, the court will expect claimants to identify particular investments which the company ought to divest from, replacement investments it ought to invest in instead, and to provide persuasive evidence of a benefit—likely in most cases to have to be financial—to the company in making this switch’.

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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