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Dec 5, 2024 | 
mondaq.com | Chloë Edworthy |Rachel Richardson |Riley Forson |Madeleine Brown
Businesses are aware that the climate impacts of their actions
are increasingly attracting the attention of litigants, as we have written about.
A closely related subject that has perhaps received less
attention in the legal press to date is litigation relating to
impacts on nature and consequent loss of biodiversity.
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Oct 15, 2024 | 
mondaq.com | Chloë Edworthy |Riley Forson |Madeleine Brown |Rachel Richardson
Climate litigation attracts a good deal of attention at
conferences and in the legal press, with many discussions circling
around the question of whether the "noise" in the legal
industry is disproportionate when compared with the number of cases
brought. In this article we assess the current state of affairs
– what cases have been brought and what impact have they
had?
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Jun 10, 2024 | 
mondaq.com | David Gauke |Christopher Charlton |Chloë Edworthy
In this episode of policy in practice, David Gauke, Christopher
Charlton and Chloe Edworthy discuss the state of English law and
its international standing. Together they discuss:
the impact of Brexit on legal jurisdiction;
the status of judicial recruitment; and
the role of technology within the legal system.
If you would like more information or want to discuss any of the
topics in this podcast, please get in touch with David, Christopher or Chloe.
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Apr 16, 2024 | 
lexology.com | Chloë Edworthy |Simon Day |Riley Forson |Madeleine Brown
In a series of recent environmental disaster decisions, the UK Supreme Court and Court of Appeal have found that:it is at least arguable that a UK parent company could be responsible in law for harm that occurs in the local jurisdiction of its subsidiaries; andthat the trial in relation to any such harm can be heard before the courts of England and Wales, notwithstanding that the harm happened thousands of miles away.
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Mar 22, 2024 | 
lexology.com | Chloë Edworthy |James Reid |Jonathan Pratt
The Court of Appeal (CoA) has confirmed in Unicredit Bank GmbH v RusChemAlliance LLC [2024] EWCA Civ 64 that it is possible for the English court to grant an anti-suit injunction (ASI) in support of foreign seated arbitrations. We previously commented on a set of decisions made in summer and autumn 2023 all relating to disputes arising out of the same facts concerning the construction of a liquefied natural gas plant in Russia by a German construction company.
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Jan 23, 2024 | 
blog.macfarlanes.com | Chloë Edworthy |Rachel Richardson |Riley Forson |Madeleine Brown
On 13 December 2023, the English High Court denied ClientEarth’s renewed application for permission to bring a judicial review application over the decision of the Financial Conduct Authority (the FCA) to approve the prospectus of Ithaca, an oil and gas exploration company.[1] Permission was first denied on the papers in April 2023. This latest decision provides additional insight on the Court’s approach to the issues.
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Jan 23, 2024 | 
lexology.com | Chloë Edworthy |Rachel Richardson |Riley Forson |Madeleine Brown
On 13 December 2023, the English High Court denied ClientEarth’s renewed application for permission to bring a judicial review application over the decision of the Financial Conduct Authority (the FCA) to approve the prospectus of Ithaca, an oil and gas exploration company. Permission was first denied on the papers in April 2023. This latest decision provides additional insight on the Court’s approach to the issues.
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Nov 14, 2023 | 
mondaq.com | Chloë Edworthy |Mark Jones
FamilyMart China
Holding Co Ltd (Respondent) v Ting Chuan (Cayman Islands) Holding
Corporation (Appellant) (Cayman Islands) [2023] UKPC
33.
In an important judgment, the Privy Council has addressed two
key questions.
First, whether an agreement to resolve disputes arising out of
a shareholders' agreement by arbitration may prevent a party to
that agreement from pursuing a petition to wind up the company
whose management is the focus of those disputes.
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Nov 9, 2023 | 
lexology.com | Chloë Edworthy |Mark Jones
FamilyMart China Holding Co Ltd (Respondent) v Ting Chuan (Cayman Islands) Holding Corporation (Appellant) (Cayman Islands) [2023] UKPC 33. In an important judgment, the Privy Council has addressed two key questions. First, whether an agreement to resolve disputes arising out of a shareholders’ agreement by arbitration may prevent a party to that agreement from pursuing a petition to wind up the company whose management is the focus of those disputes.
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Nov 9, 2023 | 
blog.macfarlanes.com | Chloë Edworthy |Mark Jones
FamilyMart China Holding Co Ltd (Respondent) v Ting Chuan (Cayman Islands) Holding Corporation (Appellant) (Cayman Islands) [2023] UKPC 33. In an important judgment, the Privy Council has addressed two key questions. First, whether an agreement to resolve disputes arising out of a shareholders’ agreement by arbitration may prevent a party to that agreement from pursuing a petition to wind up the company whose management is the focus of those disputes.
