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FCA consultation on new UK sustainability disclosure regime and investment labels

Having previously been expected earlier this year, the FCA has now published its consultation paper on the proposed new sustainability disclosure requirements (SDR) regime and a set of consumer-friendly sustainability labels. This is, in effect, the UK's answer to the EU Sustainable Finance Disclosure Regulation (EU SFDR), although the proposed UK regime goes further in terms of having formal product labels and is bolstered by rules already in force that require many firms to report climate-related risks and opportunities in accordance with the TCFD guidelines (covered in our 2022 New Year Briefing).

Principles for Responsible Investment (PRI): Integrating sustainability goals across the investment industry in the UK

Partners Andy Lewis and Jonathan Gilmour, Senior Counsel Harriet Sayer and Senior Consultant Simon Witney have contributed to the latest paper from Principles for Responsible Investment (PRI): A legal framework for impact (UK): integrating sustainability investment goals across the investment industry.

New EU Proposed Regulation seeks to ban products made using forced labour

The EU recently revealed its proposal for a new Regulation to combat the use of forced labour in the production of goods. A key aim of this new Regulation is that it will be used alongside other initiatives within both the EU and externally, in order to further eliminate modern day slavery from supply chains.

ESG risk and the tech and automotive sectors: why Tesla's proposed "solution" to the supply chain pinch may not be for everyone

Surging commodity prices are creating headaches in the tech and automotive sectors, with the cost of key materials such as lithium, cobalt and nickel (key components in electric car batteries) rising following supply chain disruptions associated with Covid and the war in Ukraine. 

The SRA adds its weight to the growing discourse around so-called "SLAPPs"

The Solicitors Regulation Authority ("SRA") is the latest organisation to indicate that it is looking to curb the use of so-called Strategic Lawsuits Against Public Participation ("SLAPPs") in England & Wales. This proposed intervention follows the recently proposed interventions by both the Ministry of Justice and, from a European perspective, the European Commission. 

Release of the white elephant? Court of Appeal opens the door to £5bn multi-jurisdictional group litigation

On 8 July 2022, the Court of Appeal handed down its long-awaited judgment in the Municipio De Mariana group litigation claim, granting permission for some 200,000 Brazilian claimants to pursue in the UK their group action for damages caused by the collapse of the Fundão Dam in Brazil in 2015.

Mandatory TCFD disclosures scrutinised for the first time

In July 2022, the FCA published its review of the climate-related disclosures of premium listed commercial companies, for the first time since the rule mandating such disclosures was introduced for a wider range of listed issuers on 1 January 2022.

ESG timeline 2021 only

Our ESG timeline archive sets out past UK and EU legal and regulatory developments relating to ESG and wider sustainable business topics from January 2021 onwards. As with the main timeline, the timeline archive can be filtered according to your business type or the relevant ESG theme.

The cost of doing business: Dyson and global value chain liability

There is a growing trend amongst activists and claimant law firms to pursue novel causes of action against companies for acts or omissions that, while not directly attributable to them, are said to result in alleged human rights breaches in their value chains. 

Parent company liability hurdles and "class actions": what comes next?

Since the Supreme Court's rulings in Vedanta Resources Plc v Lungowe [2019] UKSC 20 ("Vedanta") and HRH Emere Okpabi v Royal Dutch Shell [2021] UKSC 3 ("Okpabi"), much has been written about the potential impact these decisions may have on UK-domiciled businesses with foreign operations and, in particular, how they will assist claimants who wish to initiate large-scale group litigation. 

UK High Court finds Government Net Zero Strategy "unlawful"

The High Court has ruled that the UK Government's Net Zero Strategy breaches its obligations under the Climate Change Act 2008. The ruling took place on 18 July 2022, following a case brought by Friends of the Earth and ClientEarth (inter alia), who alleged that the Government failed to produce detailed climate policies to show how the UK’s legally binding carbon budgets will be met, in line with its obligations under the Climate Change Act.  

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