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English courts take jurisdiction over Malaysian forced labour allegations - Limbu v Dyson

The English Court of Appeal has ruled that the English courts have jurisdiction to hear a claim brought by a group of migrant workers against three companies in the Dyson group alleging trafficking and abuses of their labour...more

Rate Expectations: English court implies reasonable alternative to LIBOR

Standard Chartered issued preference shares to Guaranty to satisfy certain regulatory capital requirements. Guaranty was the sole registered shareholder as nominee for a depository which issued American depository shares. It...more

Moving the Goalposts: Football Governance Bill introduces Independent Football Regulator to Parliament

As the UK Government seeks to put sustainability at the heart of the beautiful game, in this article we consider: The Bill’s introduction to Parliament represents the culmination of several years of UK Government activity...more

Risks in sustainability-related disclosures – reflections on landmark climate litigation actions in the English courts

Last year, we wrote about ClientEarth’s application to the High Court of England and Wales for permission to bring a judicial review claim, alleging that the UK Financial Conduct Authority (FCA) unlawfully approved the IPO...more

UK FCA’s new package of sustainability disclosure requirements, labelling rules and anti-greenwashing rule

The Financial Conduct Authority’s (FCA) new package of sustainability disclosure requirements (SDR) and investment labelling rules is a key pillar of the UK government’s efforts to introduce an economy-wide SDR regime. All...more

FAQs – FCA consultation on anti-greenwashing guidance, plus final rules on Sustainability Disclosure Requirements (SDR) and ESG...

The FCA has issued the final version of its rules for stage one of the UK’s new Sustainability Disclosure Requirements or SDR, together with its new ESG product labelling regime. The rules are detailed and complex. The new...more

FCA launches guidance consultation on anti-greenwashing rule

The FCA has issued the final version of its new anti-greenwashing rule – part of a package that includes additional rules as stage one of the UK’s new Sustainability Disclosure Requirements or SDR, plus the FCA’s new ESG...more

The new space race: Managing disputes risks in a lawless and limitless environment

The dynamics of the new space race significantly increase disputes risks as space becomes more congested and the competition to get ahead intensifies. Until recently, the thought of humans reaching outer space as tourists...more

Mining and manufacturing in outer space: The new frontier in disputes risks

Exploiting natural resources, manufacturing products and growing food in space are now well within the realms of possibility. Identifying, assessing and mitigating disputes risks arising from these activities pose a...more

Managing future disputes risks

Disputes risks are an ever-present part of doing business. Indeed, for some, these risks are built into their business model. They like to move fast and accept they may break some things. Disputes are part of the cost of...more

Greenwashing in sustainable finance – key takeaways from EU developments

There are useful takeaways for EU and non-EU firms arising from the European Supervisory Authorities’ (ESA) latest thinking on greenwashing. In June 2023, the ESAs issued progress reports examining greenwashing risks and...more

First of its kind "derivative action" climate case falls at the first hurdle

In a judgment handed down on 12 May 2023, the English High Court has refused permission for UK environmental NGO ClientEarth to continue “derivative claims” on behalf of Shell against its directors in connection with their...more

Decarbonisation disputes: the evolving frontier of climate-related risk

The Net Zero transition will not be smooth. The scale of the investment required and the appetite and ability of countries to implement new policy – both now and in the years to come – will cause unprecedented disruption and...more

Parents beware - environmental claims against Shell Plc for its subsidiary's actions in Nigeria

On 27 January 2023, 11,317 individuals and 17 institutions from the Ogale community in Nigeria filed claims against Shell Plc (Shell) for its alleged role in oil spills in the Niger Delta....more

Judicial review challenge of the UK FCA by environmental charity - spotlight on disclosure risks

ClientEarth (an environmental charity) is challenging a decision by the UK Financial Conduct Authority (the FCA) to approve a prospectus of an energy company on the basis that it contains inadequate climate-related...more

Human Rights Committee rules in favour of Torres Strait Islanders in case on impacts of climate change

The U.N. Human Rights Committee ruled in a watershed case that Australia has failed adequately to protect indigenous Torres Strait Islanders from the adverse effects of climate change....more

The FCA’s proposed anti-greenwashing and sustainable disclosure requirements: what does “sustainable” mean?

At COP26 last year, the Chief Executive of the Financial Conduct Authority (FCA) warned the financial services industry that it was time to “walk the walk”, and emphasised that greenwashing would not be tolerated in the...more

The Business and Human Rights Review - September 2022

As the world recovers from the Covid-19 pandemic, rebuilding resilience and planning for the future have taken centre stage in 2022. The pandemic brought to the fore many human rights issues, creating new challenges and...more

Litigating legal black holes

More activity and more private actors in space means more disputes. Understand how and where those disputes will be resolved to prepare your business. Our global experts bring together multi-sectoral expertise to assess the...more

Okpabi: Supreme Court rules that Nigerian communities can sue Shell and its Nigerian subsidiary in England

Okpabi and others (Appellants) v Royal Dutch Shell Plc and another (Respondents) [2021] UKSC 3, 12 February 2021. The UK Supreme Court has ruled that the English courts have jurisdiction to hear a claim by over 40,000...more

Brexit certainty at last? An overview of the new EU-UK trading relationship

Following months of protracted negotiations and coming four and a half years after the UK voted to leave the EU, 24 December 2020 saw the EU and UK finally agree the shape of their future relationship. While the Trade and...more

The Business and Human Rights Review

As the world continues to battle against the Covid-19 pandemic, the resulting economic and social stress has brought many human rights issues to the fore, exacerbating systemic issues and generating new challenges. Yet the...more

English court strikes out claims against BHP for Brazilian dam collapse

The High Court has struck out the claims of over 200,000 individuals and businesses affected by the collapse of the Samarco dam in Brazil in 2015. At the root of the finding in Municipio de Mariana v BHP Group plc and BHP...more

Mining company not liable for unlawful acts of Sierra Leonean police

The Court of Appeal of England and Wales has upheld the High Court’s verdict in Kadie Kalma & ors v African Minerals Ltd & ors [2020] EWCA Civ 144. This is an important case for businesses exposed to human rights risks...more

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