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Case review 2022-11-07
So long for now, but not necessarily auf wiedersehn, adieu… the Sharma appeal and what happens next for climate duty
Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment  FCA 560, the 2021 Federal Court decision which elicited a resounding hallelujah and heralded a new era of climate duty, has been overturned on appeal to the Full Federal Court.
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.
Our latest global report finds that the insurance industry has a central role in building wider understanding about climate-related risks and in mitigating against those risks.
With the increased attention to environmental social and governance (“ESG”) policies by regulators, investors and businesses, financial lines insurers are faced with the potential risks of exposure to investigation and litigation over climate-related disclosures. This article focuses on the question of whether the increased scrutiny climate-related disclosures has actually impacted the rate of greenwashing litigation filings, and how trends in greenwashing litigation may inform financial lines insurers’ assessment of these risks.
With the growing importance of environmental, social and governance issues, companies are starting to recruit people to senior executive positions to oversee their strategies. Pamela Kokoszka investigates if the role of chief ESG officer is here to stay, or – if like the role of chief digital officers recruited in the 2010s – will be absorbed elsewhere once ESG becomes more embedded within their employers.
In this report, Kennedys experts explore key legal and regulatory developments, and provide an overview of the business critical topics which motor and transport insurers should consider as they plan for operational resilience in 2022.
On 24 January 2022, the OEP was granted its existence in law by virtue of the Environment Act 2021. Only a day after, it released its draft strategy and enforcement policy and a period of consultation commenced in respect of them both. In this article, we set out the duties of the OEP, its proposed enforcement strategy and policy, and our initial thoughts on how effective the OEP may indeed be in its role.
In this report, Kennedys experts highlight some key legal and regulatory developments and provide an overview of the business critical topics that the construction sector and insurers should consider as they plan for operational resilience in 2022 and beyond.
In this report, Kennedys experts highlight key legal and regulatory developments, and provide an overview of 12 topics to watch under four main topic groups which insurers and corporates should consider as they plan for operational resilience in the new financial year.
Across Europe and the United States there has been a growing focus on Environmental Social and Governance (“ESG”) regulations for corporations.