Shearman And Sterling

Globe Climate ESG

August 16, 2022

ESG Ruling Sends Out Warning to UK Parent Companies

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ESG RULING SENDS OUT WARNING TO UK PARENT COMPANIES

Partner Jonathan Swil (London-Litigation), counsel Mehran Massih (Munich-Environmental), counsel Edward Taylor (Hong Kong-International Arbitration) and senior associate James Matthews (London-Litigation) co-authored an article for Law360 titled “ESG Ruling Sends Out Warning to UK Parent Companies.” The article considers the English Court of Appeal’s recent decision in Municipio de Mariana & Ors v BHP Group (U.K.) Ltd & BHP Group Ltd [2022] EWCA Civ 951, which is the latest in a line of cases where mass environment claims have been brought in the U.K. courts in respect of the operations of foreign subsidiaries. The authors consider the practical and legal ramifications of this judgment and conclude that it should sound a warning bell for U.K.-based parent companies with overseas operations, particularly in the energy, infrastructure and extractive industries where there is a higher risk of environmental claims of this nature.

Read “ESG Ruling Sends Out Warning to UK Parent Companies.”

Authors and Contributors

Jonathan Swil

Partner

Litigation

+44 20 7655 5725

+44 20 7655 5725

London

Mehran Massih

Counsel

Mergers & Acquisitions

+44 20 7655 5603

+44 20 7655 5603

+1 212 848 7377

+1 212 848 7377

Munich

Edward Taylor

Counsel

International Arbitration

+852 2978 8043

+852 2978 8043

Hong Kong

James Matthews

Senior Associate

Litigation

+44 20 7655 5819

+44 20 7655 5819

London