ESG litigation in England and Wales: key decisions on emissions and greenwashing, modern slavery, and FSMA securities claims; procedural trends on GLOs, representative actions, disclosure and confidentiality (2019–2026)

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Practice notes

Scope of Practice Note

This Practice Note sets out, in table format, notable case law and decisions from England and Wales that bear upon the ESG (environmental, social and governance) landscape. As outlined in Practice Note: How to understand ESG civil litigation risk, ESG-related actions may concern what an organisation:

does, or neglects to do, to meet its ESG obligations
states it is doing to fulfil those ESG obligations

In both instances, the obligations may arise from statute, regulation, or be voluntarily adopted. Consequently, key decisions regarded as pertinent to ESG to date include matters relating to:

climate change (duties, breaches, environmental harm)
greenwashing (misleading claims about environmental credentials or deceptive practices)
alleged forced and abusive labour conditions
corporate governance failings, i.e. breaches of legislative and regulatory requirements, such as under the Financial Services and Markets Act 2000 (FSMA 2000) or the Companies Act 2006 (CA 2006)

These themes may intersect. For instance, an allegation of forced labour may coincide with a false or misleading disclosure under FSMA 2000. Depending on the particular facts, it...

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Web page updated on 21/05/2026

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