Leigh Day

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2 Contributions by Leigh Day Experts

Planning and Climate Change Litigation: Public Law Challenges to Plans, Policies and Consents, EIA Obligations and Leading Cases in England and Wales
PRACTICE NOTES
Climate change litigation In recent decades, climate change has assumed increasing prominence. As science has advanced on the drivers of climate change and the present and expected effects of warming, impatience has mounted with the pace of law and policy‑making. This sits alongside ongoing international initiatives, notably the 2015 Paris Agreement, under which parties pledge to cut carbon dioxide and other greenhouse gas (GHG) emissions so as to keep the rise in global average temperature well below 2.0 degrees above pre‑industrial levels, and to strive to constrain it further to 1.5 degrees. For further details, see Practice Note: The Paris Agreement 2015-snapshot. Consequently, litigants are turning more frequently to the courts, which are confronting climate arguments in diverse forms and fact patterns. Data released in July 2022 show that, in 2021, litigation continued to grow as a channel for climate action. Far from
Planning
Precedent pre-action letter of claim: living mesothelioma from workplace asbestos exposure (England and Wales)
PRECEDENTS
Dear [ insert organisation name ] Claimant’s Full Name: Claimant’s Full Address: Claimant’s National Insurance Number: Claimant’s Date of Birth: Claimant’s Diagnosis: Place of Employment: We act for the above-named individual to pursue compensation arising from an asbestos-related condition, namely mesothelioma. Our client, [ insert Claimant’s name ], encountered asbestos exposure whilst working for [ insert Defendant company’s name ] during the period [ insert dates of employment with Defendant company ]. This correspondence is sent in accordance with the Pre-Action Protocol for Disease and Illness Claims. Please provide confirmation of your insurers without delay. Your insurers must be notified immediately; failure to do so may affect your insurance cover. A duplicate of this letter is enclosed for urgent onward transmission to your insurance
PI & Clinical Negligence
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