Members and staff of Essex Court Chambers are celebrating the appointment of three new King’s Counsel appointments today. Ruth den Besten, Siddharth Dhar and Angeline Welsh will be sworn in as Silk at a ceremony taking place today at the Palace of Westminster, following their appointment earlier this year. Senior Clerk Joe Ferrigno commented “I […]
News & publications
Farmers, Flooding, and Climate Change: The Legal Risks Authors: Jessica Wells and Daniel Fox Click to download PDF Agriculture is one of the areas of human activity that is likely to be most profoundly affected by climate change and its regulatory responses. These are likely to include (i) crop yields being affected by rising temperatures, […]
Greenwashing: Some Thoughts on Future Claims under English Law Authors: Richard Hoyle and Jackie McArthur Click to download PDF Introduction Consider the following definitions of greenwashing: “Greenwashing is a PR tactic used to make a company or product appear environmentally friendly, without meaningfully reducing its environmental impact … Greenwashing aims to boost a company’s public […]
Climate change, international investment law and arbitration Authors: Alison Macdonald KC, Peter Webster and Mubarak Waseem Click to download PDF A pressing question in the field of investment law and arbitration is how investment tribunals will decide claims arising out of measures taken to mitigate climate change, and whether (and, if so, how) the system […]
The trial of the next stage of proceedings in ENRC’s claims against Dechert, Mr Gerrard, and the SFO begins today in the Commercial Court (the Phase 1A Trial). The Phase 1A Trial, which is listed for two weeks, will address certain issues of causation, loss, and contribution following the Phase 1 Trial and Phase 1 Judgment. […]
In a judgment of the Senior Master handed down on 30 January 2023 in Procuritas Partners AB & Anr v Blomfield and Mentzer [2023] EWHC 167 (KB), which was followed by further written submissions and a final costs ruling on 1 March 2023, the High Court considered the principles and approach to be applied to […]
Paul McGrath KC has been appointed a visiting professor to the University of Oxford. The appointment, which was made on the recommendation of the University of Oxford Faculty of Law, will begin from today, Wednesday 1 March 2023. Paul will hold the position for a period of 12 months. During this time he will deliver […]
On Wednesday 8 February the Eastern Caribbean Court of Appeal handed down judgment in Renova Industries Limited and others v Emmerson International Corporation and others BVIHCMAP2019/0001 upholding the discharge of US$3 billion freezing orders. The three freezing orders granted in November and December 2018, each with a gross value of over US$3 billion in assets, had […]
In News Corp UK & Ireland Ltd v Commissioners for His Majesty’s Revenue and Customs [2023] UKSC 7 the Supreme Court held that the zero-rating of ‘newspapers’ for VAT purposes in the Value Added Tax Act 1994 extended only to print newspapers and not to the digital editions of such newspapers—in particular those published by the […]
Climate Change Focused Judicial Review: what must be taken into account? Authors: Edward Brown KC and Katherine Ratcliffe Click to download PDF There has been a recent series of challenges to government decisions on the ground that the government has not taken into account, or placed sufficient weight on, climate change aims. There have been […]
On 31 January 2023 the High Court in London held Savaro Ltd, a company registered in England and Wales, liable for death, personal injury and property damage in the case of Beirut Bar Association & Ors v Savaro Ltd. This is the first judgment worldwide to be obtained on behalf of the victims of the […]
The Human Right to a Clean and Healthy Environment under Custom and Treaty Author: Naomi Hart Click to Download PDF Introduction In 2009, the Office of the United Nations High Commissioner for Human Rights published its first report related to human rights and climate change. The report recognised that there exists a “broad agreement that […]
