Castle Debates: 3 December 2018 Climate Change Litigation Paul - - PowerPoint PPT Presentation

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Castle Debates: 3 December 2018 Climate Change Litigation

Paul Sheridan Partner CMS

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Climate Change Litigation

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• Speed of change: political world v scientific consensus
• Litigation: weaponising the climate journey
• Courts of Law: not courts of public or commercial opinion
• Litigation numbers
• Variety: types/claimants/defendants/remedies
• Various stages of maturity
• Common: appeals and interlocutory actions

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Climate Change Litigation

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Broadly

• categories of risk

‒ physical: mitigation and adaptation ‒ transition ‒ liability

• bjectives

‒ impact government/public policy ‒ impact financial/commercial decisions ‒ damages/losses

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Climate Change Litigation

Types ‒ constitutional ‒ human rights ‒ administrative ‒ regulatory ‒ civil law (including common law) Claimants ‒ NGOs ‒

• rgans of state

‒ individuals ‒ groups of individuals (incl. trade associations) ‒ corporates Defendants ‒ governments ‒ organs of state ‒ corporates ‒ professionals

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Climate Change Litigation

Keep in mind ‒ Jurisdiction and forum shopping ‒ Locus standi ‒ State law/multi-state law ‒ Separation of powers ‒ Displacement of common law? ‒ Causation ‒ Quantification & apportionment (plus international dimension) ‒ Limitation  Conflicts  Sectors  Third parties & facilitators  Clean hands  Insurance  Remedies  Too big to fail

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