Associate Emily Joss has written an article in the Solicitors Journal on how Environmental, Social and Governance (ESG) litigation is poised to dominate the courts in 2025. In the article, Emily references the large-scale climate-related events of late, such as flooding and wildfires, and the growing role of regulators and courts in shaping corporate accountability. She highlights the significance of the International Court of Justice (ICJ) advisory opinion on international climate law, due this year, which could have far-reaching implications.
Emily hones in on two areas arising within ESG-focussed litigation: increasing environmental awareness and the rise of class actions. She spotlights the FCA (Financial Conduct Authority) and the financial services sectors’ enhanced sustainability reporting, as well as the rise of class actions, fuelled by increased public awareness and greater access to litigation funding.
As Emily explains, these developments signal a shift from voluntary corporate responsibility to mandatory legal enforcement, posing both challenges and opportunities for businesses and litigators alike.
Environmental, Social, and Governance (ESG) litigation is transitioning from voluntary corporate accountability to mandatory regulatory enforcement.
The UK litigation landscape looks to be both challenging and dynamic which presents real opportunities for novel issues to be considered and the potential for significant growth in new areas. Among all the change, litigators will need to skilfully navigate their clients through complexities while carefully managing expectations and mitigating risks.
A full version of the article is available in print, while a shortened version can be found online on the Solicitors Journal website here.
Emily Joss is part of the dispute resolution team. She has a broad range of cross sector commercial litigation experience acting for individuals, partnerships, charities, companies and limited liability partnerships.
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