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04 February 2010 / Malcolm Dowden
Issue: 7403 / Categories: Features , Environment
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Science fiction?

Has climate change litigation become more difficult? asks Malcolm Dowden

Shortly before the Copenhagen climate change summit in December 2009 emails leaked or hacked from the University of East Anglia’s Climatic Research Unit prompted responses ranging from robust defence of the integrity and validity of climate change science to angry denunciation of the “Anthropogenic Global Warming conspiracy”. Those denunciations were largely brushed aside in Copenhagen while media attention focused on the Copenhagen Accord.

However, “Climategate” revived and intensified with “Glaciergate”. Rajendra Pachauri, chair of the Intergovernmental Panel on Climate Change (IPCC), was compelled to withdraw as having no scientific basis claims that Himalayan glaciers could disappear by 2035, and to acknowledge that their inclusion in the Fourth Assessment Report in 2007 reflected a “poor application” of IPCC procedures.

“Climategate” and “Glaciergate” are likely to have a significant, and possibly deterrent, effect on climate change litigation as the possibility of further flaws in the IPCC assessment reports encourages more aggressive and forensic examination of expert evidence.

Climate change attains legal significance when the phenomenon (and its effects) can be considered “reasonably foreseeable”. In the UK there

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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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