strategic litigation

Turbulence ahead: 20 airlines targeted by EU over greenwashing

“If we want responsible consumers, we need to provide them with accurate information … They deserve accurate and scientific answers, not vague or false claims,” EU Commissioner for Values and Transparency, Vera Jourova In their first major coordinated anti-greenwashing enforcement action, the European Commission and EU consumer authorities, prompted by a complaint from the European …
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The SLAPP Bill: is enough being done to protect campaigners?

In recent years, we have seen a rise in strategic lawsuits against public participation (SLAPPs) being used to intimidate and silence journalists, charities, and campaigners (SLAPPS claims usually centre on privacy or defamation). These aggressive legal proceedings misuse the litigation process to suppress freedom of expression and discourage public criticism. The introduction of the Strategic …
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Climate change – it’s everyone’s fight

“Climate change” and “climate crisis” have become synonymous with young people and their futures. But climate change is happening right now. A problem with talking about climate change in terms of young people only, is that it gives energy companies, unscrupulous governments and others who wilfully contribute to climate change, a reason to kick the …
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Strategic litigation: driving change and positive impact

Welcome to our first roundup relating to our focus on strategic litigation and what it might mean for your organisation. We’ll be pulling this roundup together twice a year to keep you informed of key issues, updates and changes in approach. Our litigation team is focused on using its expertise to create a widespread positive …
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The Rwanda policy – How can charities play a role in bringing legal challenges?

On Tuesday 12 December, the draft Safety of Rwanda (Asylum and Immigration) Bill passed the second reading stage in the House of Commons. The vote was not the start of the story in relation to the Government’s policy: since the Rwanda policy was announced in April 2022, it has been the subject of much legal …
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ClientEarth v Shell: The ‘End of the Road’ may be just the beginning

Summary On 14 November 2023,[1] the Court of Appeal refused environmental NGO, ClientEarth (CE) permission to appeal the High Court’s July 2023 judgment that CE had failed to make out a prima facie case enabling the court to grant permission under the Companies Act 2006  (CA 2006) for it to continue a derivative claim against …
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Bates Wells’ strategic litigation roundtable – considerations and managing risk

Strategic litigation has the potential to bring about lasting change and develop the legislative landscape. On 27 September 2023 we brought together a group of third sector leaders to explore the role that strategic litigation has in furthering the mission of charities, NGOs and others, and to talk about what barriers there are to taking …
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Environmental litigation: themes, risks and how to evolve in the era of global warming

Climate cases have direct and indirect impacts on decision making at board, policy, judicial and government level. The fallout from this litigation can result in shifts in approach and financial and reputational damage even when cases are unsuccessful. More cases are being filed against corporate actors, litigation about investment decisions are increasing and there has …
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