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Article 12/16/2022
With this year’s COP27 conference calling for robust transition plans from member states and the government’s Transition Plan Taskforce launching its ‘gold standard’ framework for climate transition plans by companies, the race to achieve a 100% reduction in greenhouse gas (GHG) emissions by 2050 (net zero) is more pressing than ever before.
Article 12/15/2022
A roundup of the latest court decisions and regulations touching on the following issues: the reflective loss principle, solicitor policy coverage, a director’s duty to uphold the interest of a creditor and implied retainers (or the absence thereof) between solicitors and clients.
Article 12/14/2022
On 22 November 2022, the European Parliament gave its final approval on a new law, known as the ‘Women on Boards Directive’, requiring listed companies implement quotas to increase gender diversity on corporate boards throughout the European Union by 2026. The new rules will require publicly listed companies to disclose the status of their board’s gender balance figures.
Article 12/14/2022
In June 2022, the FCA launched two climate disclosure consultations and we responded to CP21/18’s call for discussion on ESG data. We expressed our views on introducing regulatory oversight of certain ESG data and ratings providers, which would support greater transparency and trust in the market for ESG data and ratings services.
Article 12/02/2022
On 5 October 2022, the UK Supreme Court confirmed that directors sometimes owe an extended duty to uphold the interests of a company’s creditors when solvency is in doubt.
Article 11/18/2022
On 20 April 2022, the FCA introduced new Listing Rules (LR) (LR 9.8.6R(9) and LR 14.3.33R(1)) which set board diversity targets and require that, as part of their ongoing listing obligations, in scope companies include a statement in their annual financial report detailing whether they have met the specified targets.
Article 10/10/2022
A roundup of the latest court decisions and regulations raising issues of piercing the corporate veil, service of a claim form, the FCA consumer duty, directors’ fiduciary duties and a solicitor’s duty of care outside of a formal retainer.
Article 10/07/2022
On 15 March 2022, ClientEarth issued a pre-action letter of claim against the board of directors of Shell, arguing that their failure to properly prepare the company for net zero puts them in breach of their duties to the company. The threatened claim is premised on an unprecedented application of the provisions related to directors’ duties in the UK Companies Act 2006, and it is amongst the first climate-related claims to be threatened against a company in the UK.
Article 07/22/2022
A roundup of the latest court decisions raising issues for the scope of the Quincecare duty; Section 90A of the Financial Services and Markets Act 2000, costs, disclosure applications and S13A (Insurance Act 2015) claims.
Article 07/21/2022
Caught in the throes of an unrelenting El Nino/La Nina cycle, the Climate Council has warned that the mounting cost of natural disasters could leave 1 in every 25 properties in Australia high risk and uninsurable by 2030. In this article we explore the costs of, possible responses to and exposure lines of insurance have to climate change.
