Corporate climate legal tactics: a closer look at the United Kingdom - video
More than 2000 climate change litigation cases have been brought globally. Whilst the majority of these cases have been filed against States, climate change-related cases have also been brought against private actors, mostly major greenhouse gas emitters. There is a need for the particular features and potential of cases involving corporate players to be analysed. The project Global Perspectives on Corporate Climate Legal Tactics led by the British Institute of International and Comparative Law (BIICL) has brought together project work across 17 jurisdictions to create a comprehensive analysis of existing climate change cases against corporations in each. The project is forward-looking, identifying possible arguments and legal tools to tackle climate change through litigation involving companies.
The report on the UK was prepared by Dr Kim Bouwer, from Durham Law School and currently a Visiting Senior Fellow at the Grantham Research Institute. The report provides an overview of existing caselaw and discusses the particular character of UK corporate climate litigation. This event began with presentations of the project and report. It then brought together experts in key areas of interest in climate change as it relates to corporations: financial regulation, fiduciary duties, derivative claims and the assessment of Scope 3 emissions. The discussion highlighted the growing importance of climate change in corporate regulation, and the growing risks or opportunities this creates for corporate climate litigation.
Chair: Dr Joana Setzer
Introductory remarks: Dr Ivano Alogna, British Institute of International and Comparative Law
Panel:
- Dr Kim Bouwer, Durham Law School and Grantham Research Institute
- Stuart O’Brien, Sackers
- Professor Megan Bowman, KCL
- Paul Benson, ClientEarth
- Marc Willers KC, Garden Court Chambers