Virtual

ESG Litigation: The Current Climate

03 May 2024

Location: 12:00-1:00pm UK Time (Zoom)
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ESG Litigation: The Current Climate

Highlights

As governments and businesses focus more of their resources on tackling ESG challenges, so the legal world seeks to offer innovative solutions. However the development of ESG litigation, particularly as it relates to addressing environmental harm, is still in its infancy. All stakeholders, but especially environmental groups and CO2 intensive industries, are scanning the horizon to see how the law will adapt and how courts will address ESG challenges. This round-up will look at recently decided cases, cases currently before the courts, and consider what may be on its way, just over the horizon…

Key Discussion Points:

  • Looking Back At Recent Decisions
  • Matters Currently Before The Courts Here and In Other Jurisdictions
  • The Future: ESG Litigation At A Cross-Roads
Katie Allard
Senior Associate
Kingsley Napley

Katie is a Senior Associate in the Dispute Resolution Team. She has a wide-ranging commercial practice with particular interest and expertise in complex civil fraud and asset tracing investigations, boardroom and shareholder disputes, and breach of contract claims, acting for both claimants and defendants. 

Katie has a particular interest in Crypto and ESG disputes, and she is a member of the Firm’s Entrepreneurs Group.  

Katie has experience acting for clients in obtaining or opposing freezing injunctions. She also has experience as part of a supervising solicitor’s team on the execution of search orders.
 
Katie often works on matters with an international dimension, whether litigating in London on behalf of international clients or acting for UK and non-UK-based clients in multi-jurisdictional disputes.
 
Katie joined Kingsley Napley in February 2012 as a paralegal in the Dispute Resolution team and completed her training contract with Kingsley Napley, qualifying as a solicitor in September 2017. 


Katie Allard
Katie Allard Senior Associate
Kingsley Napley
Richard Clayman
Partner
Kingsley Napley

Richard joined the Dispute Resolution team in 2019, having previously worked at two leading civil fraud boutiques in the City.


Richard’s experience covers a broad range of commercial disputes, with a particular focus on civil fraud cases, and disputes involving shareholders, directors and partnerships. He acts for both claimants and defendants, often in complex, multi-jurisdiction and high-value claims. Richard regularly obtains a variety of interim remedies, including worldwide freezing orders, injunctions, security for costs and disclosure orders on behalf of his clients. 

Richard has successfully brought and defended various high-profile and legally significant cases, including cases before the Supreme Court, Privy Council and Court of Appeal. Notwithstanding this, Richard strives to find ways through conflict that meet his client’s objectives in an efficient and cost-effective way. Clients rely on Richard to defend their interests incisively and with vigour, while maintaining commerciality, candour and perspective. 


Richard Clayman
Richard Clayman Partner
Kingsley Napley
Angelika Hellweger
Legal Director
Rahman Ravelli

Angelika is a dual-qualified Austrian counsel and English solicitor. She is a specialist in international, high-level economic crime investigations and large-scale commercial disputes.

As a multilingual lawyer, she has widely-recognised expertise in representing corporates and conglomerates in major projects and legal matters across Europe, the Middle East and Africa (EMEA) and United States.

Her comprehensive experience and thorough understanding of all aspects of white-collar crime have led to her successfully representing corporations in many notable multijurisdictional investigations and in some of the most complex commercial litigation. Her caseload has seen her advise clients ranging from international banks through to aerospace, steel, security and defence companies on matters involving bribery and corruption, fraud and other high-stakes, cross-border issues.

Angelika advises corporates on regulatory and compliance matters. She conducts internal investigations for clients to help them identify wrongdoing and then proposes the most appropriate course of action. She also assesses weaknesses in compliance programmes and devises new, strengthened programmes that meet the demands of clients’ multijurisdictional activities.

Angelika’s ability to work in many parts of the world and her network of international counterparts mean she is regularly sought by clients from around the globe to manage offensive asset tracing and recovery litigation. She also works in Rahman Ravelli’s highly-regarded cryptocurrency team.

Her work on cases involving environmental, social and governance (ESG) issues has seen her become one of the lawyers at the forefront of this developing area. She coordinates work for international conglomerates in this field; advising them on regulatory matters, producing staff training and compliance programmes and ensuring their worldwide activities are legally compliant. Angelika also supports NGO’s on issues such as human rights violations, war crime victims and modern slavery.

As part of Rahman Ravelli’s international sanctions team, Angelika assesses the potential impact of all relevant laws and export controls. She keeps up to speed with the rapidly-evolving rules and regulations to ensure clients adopt the correct approach and do not face the prospect of prosecution or financial penalty. Much of her sanctions practice is particularly focused on enforcement activities and the freezing and seizure of assets.

Angelika has been counsel for more than a decade at Austria’s top law firm and speaks English, German, Spanish and Arabic; which is an asset in many international cases.


Angelika Hellweger
Angelika Hellweger Legal Director
Rahman Ravelli
Sarah Hunt
Partner
HFW

arah acts for a range of trading companies, charterers and owners in shipping and international trade disputes. Her work involves petroleum products, crude, gasoil, cement, coal, bitumen, steel and ferrous as well as non-ferrous metals, ethanol and soft commodities including grains, soyabeans, oils and seeds, sugar, coffee and cocoa. Her most high-profile matter was Taurus v SOMO, in which the Supreme Court overturned the Power Curber decision and held that there is no special rule of jurisdiction relating to debts represented by LCs. She has successfully litigated or settled in favour of or to client satisfaction, all Commercial Court claims. Her litigation profile includes freezing orders arising out of various frauds, hedging losses, defaults on sale contracts (failure to perform), off-specification cargo quantum disputes and non-delivery disputes. Impressively, she has also recovered judgment sums awarded against recalcitrant defendants including a significant proportion of costs.


Sarah Hunt
Sarah Hunt Partner
HFW

Agenda

11:55am
Audience Log On
12:00pm
Chair's Opening Remarks
Speakers:
Richard Clayman - Partner - Kingsley Napley
Katie Allard - Senior Associate - Kingsley Napley
12:05pm
ESG Litigation: The Current Climate
Speakers:
Richard Clayman - Partner - Kingsley Napley
Katie Allard - Senior Associate - Kingsley Napley
Angelika Hellweger - Legal Director - Rahman Ravelli
Sarah Hunt - Partner - HFW
12:45pm
Panel Q&A
1:00pm
Chair's Closing Remarks
Speakers:
Richard Clayman - Partner - Kingsley Napley
Katie Allard - Senior Associate - Kingsley Napley

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