Oct 24, 2023 Going Dutch on sustainability: the ACM adopts Policy Rule to avoid falling foul of Commission’s Guidance on Horizontal Co-operation By Andrew Morrison The approach of European Competition Authorities (both at EU and National level) to sustainability agreements has been keenly debated in...
Sep 19, 2023 SFDR 2.0: pivoting in the direction of UK SDR? By Lora Froud Tiffany Cox Emma Garnham Gavin Haran +1 more... Show less On 14 September 2023, the European Commission published a targeted consultation questionnaire to gather feedback prior to proposing...
Aug 08, 2023 The conservation covenant era has begun! By Henry Vane On Thursday 27 July DEFRA opened the application process for responsible bodies (RB), the third parties who will be monitoring and...
Jul 26, 2023 Greenwashing to greenhushing - key takeaways By Rachel Richardson Tiffany Cox Praveen Gopalan Emily Batchelor +1 more... Show less As part of the Net Zero Lawyer’s Alliance's (NZLA) programme for London Climate Action Week, Macfarlanes held a panel session titled...
Jul 06, 2023 Ratcheting regulatory interest in sustainability-linked loans By Jamie Macpherson Rachel Richardson Andrew Perkins Adam Caines +1 more... Show less The Financial Conduct Authority (FCA) has made clear its concerns regarding the "greenwashing" potential of sustainability-linked loans...
May 17, 2023 English High Court denies ClientEarth's "world-first" climate-related derivative action against the directors of Shell By Lois Horne Chloe Edworthy Riley Forson On 12 May 2023, the English High Court denied permission to ClientEarth to proceed with a substantive application for permission to...
May 15, 2023 Oil still present on claimants’ land not a “continuing private nuisance” according to the UK Supreme Court in the ongoing Jalla v Shell litigation By Chloe Edworthy Riley Forson Madeleine Brown For the second time this year, the Supreme Court has given guidance on the tort of private nuisance. Following the decision in Fearn [1]...
May 09, 2023 Sustainable drafting for sustainability-linked loans? By Rachel Richardson Andrew Perkins Adam Caines Jamie Macpherson +1 more... Show less On 4 May 2023 the Loan Market Association (LMA) published model provisions for those borrowing, lending and arranging...
Mar 31, 2023 Naturemarket sweep By Henry Vane Amid the wave of government announcements to mark “Green Day”, the catchily named Nature Markets: A framework for scaling up private...
Mar 20, 2023 ESG laundering: private fund managers reconsidering where their capital is coming from By Harriet Miller We have seen significant growth in the number of private funds being raised that consider sustainability characteristics or seek to have...
Dec 20, 2022 Could Minimum Energy Efficiency Standards (MEES) be about to bite? By Erin Gilliland Ellie Herve In 2015, the Government introduced the Minimum Energy Efficiency Standards (MEES) to look to drive improvements in the energy efficiency...
Dec 15, 2022 ESG collective proceedings in the Competition Appeal Tribunal – a natural new home or a fleeting visit? By Simon Day Jennifer Reeves Zoe Carter Riley Forson +1 more... Show less ESG litigation risk has become a growing concern for businesses as claimants pursue increasingly innovative causes of action (see our...
Dec 14, 2022 Will the Edinburgh Reforms make a difference? By Alexandra Green Michael Sholem Gavin Haran On 9 December, the Chancellor announced a package of over 30 reforms to the UK’s financial regulations, an attempt to achieve the biggest...
Oct 13, 2022 Nature based climate solutions and the LSE’s Voluntary Carbon Market By Rachel Richardson Climate scientists now believe that there is a 50% probability of the earth’s average temperature exceeding 1.5 degrees celsius above...
Sep 20, 2022 The Merge - crypto meets ESG By Christopher Charlton Madeleine Brown Sheila Dines The much-hyped “Merge”, whereby the Ethereum blockchain merges with a system called Beacon Chain, has finally happened. The change moves...
Jul 19, 2022 Court of Appeal revives significant environmental group action against BHP Group By Simon Day Chloe Edworthy Riley Forson The Court of Appeal has granted permission for a significant group action to proceed against one of the world’s largest mining concerns,...