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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.
Following the publication of The Legal 500 UK 2023, we are proud to announce that the firm has once again achieved impressive rankings and recognition within the latest guide to leading law firms and lawyers.
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.
Today we announced the launch of our in-depth report, 'Rewriting the risk: Addressing the challenges of climate change', which finds that the underwriting practices of (re)insurers are a major catalyst for change among businesses in the ongoing climate crisis.
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.
We are very pleased to reveal the six successful claims professionals who have been chosen as finalists for the third series of Insurance Post’s Claims Apprentice, in association with Kennedys.
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.