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21 April 2023
Issue: 8021 / Categories: Legal News , Environment , ESG , Procedure & practice , CPR
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NLJ this week: The environmental cost of dispute resolution

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Dispute resolution uses an astonishing amount of carbon resources, and it’s time to make it more environmentally sustainable, barrister Dr Mike Wilkinson and commercial director of AI-powered litigation platform TrialView, Eimear McCann write in this week’s NLJ.

Wilkinson, of 18 St John Street Chambers, and McCann, who is a former lawyer, put the case for a profession-wide change of approach. They set out practical measures to reduce carbon and explain the issue, recommend potential solutions and advocate for change. Incredibly, according to the Campaign for Greener Arbitrations, the average international arbitration takes nearly as many as 20,000 trees to offset (although, as offsetting is itself deeply problematic, it is always better to reduce emissions in the first place).

If the environmental reasons don’t change behaviour, however, then client-driven imperatives might. Wilkinson and McCann write: ‘Increasingly, corporate clients are operating within an environmental, social and governance (ESG) framework and are beholden to their stakeholders. They may have contractual commitments to endeavour to reduce their emissions; their funding may even have been subject to such commitments. Increasingly, regulations require companies to report on their carbon emissions and transition plans, and shareholders may call for more environmentally responsible behaviour.’ 

Read the full article on making litigation greener here.

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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