The Rising Tide of Climate Litigation

Against a backdrop of increasing societal awareness and improved scientific understanding of climate change, many stakeholders regard the law as an important tool to hold firms and governments to account and drive forward the green agenda.

Since the Paris Agreement in 2015, there has been a significant rise in the number of climate-related litigation cases, increasing the legal jeopardy and reputational risk for firms navigating the transition.

That’s why this episode will:

• Provide a framework for understanding the emerging legal landscape around climate change
• Address what factors are driving this increase in litigation
• Explore the risk implications for firms navigating the transition

Links from today’s discussion:

Clyde & Co’s Climate Resilience Hub – Providing insights on the key current and future high-impact risks and liabilities challenging the resilience of organisations across sectors: https://www.clydeco.com/en/insights/resilience/climate-change

The Geneva Association’s Climate Litigation Report: https://www.genevaassociation.org/research-topics/climate-change-and-emerging-environmental-topics/climate-litigation 

The Shell CEO podcast interview (Outrage + Optimism): https://podcasts.apple.com/no/podcast/climate-fossil-fuels-and-the-future-of-shell/id1459416461?i=1000527676936

For more information on climate risk, visit GARP’s Climate Resources Hub: https://climate.garp.org/ 

If you have any questions, thoughts or feedback regarding this podcast series, we would love to hear from you at: climateriskpodcast@garp.com

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Nigel Brook – Partner at Clyde & Co

Nigel has been a partner at Clyde & Co since 1985 and heads the firm's reinsurance team. An international insurance and reinsurance disputes specialist with over 30 years' experience, Nigel is considered by many to be one of the top insurance lawyers worldwide.

He leads Clyde & Co’s global campaign on Resilience and Climate Change Risk, building a body of know-how and raising awareness of climate-related legal duties and potential liabilities. He is a member of the Law, Regulation and Resilience Policies Working Group of the Insurance Development Forum – a public/private partnership seeking to optimise and extend the use of insurance and the industry's risk management capabilities to protect those most vulnerable to disasters. He co-authored the firm's 2018 Reports on Parametric Insurance and Inclusive Insurance – exploring the role of innovative risk transfer in closing the global protection gap – and has authored and edited Clyde & Co's 2018/19 series of reports on the rising tide of Climate Change liability and duties of care.