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ESG Litigation

Climate, Nature and Human Rights Litigation

"Injustice anywhere is a threat to justice everywhere." - Martin Luther King Jr.

There is an increasing disconnect between the scientific consensus on what is required for a just and sustainable future, and the outcomes being delivered by current policies and business strategies. Strategic litigation is a powerful tool for holding institutions to account, obtaining justice for affected communities, and driving systemic change. 

Mishcon de Reya has a proud history of driving positive impact through legal action and participation in legal and political institutions. Dating back to 1957 and Lord Mishcon's role in the Wolfenden Report, which led to the decriminalisation of homosexuality in the UK, our depth of experience in this area is not accidental. It reflects what we see as the proper role of a law firm in public life. 

How we can help with climate, nature and human rights litigation 

We focus on identifying, building and sourcing funding for claims across the core themes of climate, nature, human rights and governance. We can represent clients in England and Wales, as well as other international jurisdictions, on matters including: 

  • Group and representative claims 
  • Judicial reviews and other claims for declarative relief 
  • Regulatory complaints 
  • Test cases 
  • Competition litigation 
  • Complaints to international judicial and quasi-judicial bodies 
  • Shareholder activism 

Our work in this space is distinguished by the firm's unusual level of in-house capability in data science and global group actions management. It's also complemented by our strong relationships with ESG litigation funders, philanthropists, crowdfunding organisations and NGOs, and by our partnerships in academia: 

Working with Somos, we have the capability to build, develop and manage group action claims from inception through to conclusion. This includes engaging and signing up claimants, support for and communication with the claimant group throughout the case, preparing court materials, and managing the distribution of any proceeds awarded. 

In addition to having strong relationships with multiple litigation funders, Mishcon Purpose also actively promotes strategic litigation as an opportunity for philanthropists to diversify their impact strategies. Allocating a portion of their portfolios to litigation is fast becoming an important tool in the sophisticated philanthropist's toolbox – a means to achieve large-scale impact by helping to create new legal risks and precedents that incentivise systemic change. 

Co-founded by Mishcon de Reya, the London School of Economics, Imperial College London and the University of Oxford, the Climate Science and Law Forum is a first-of-its-kind collaboration. Promoting deeper understanding of the latest science within the legal community, and offering scientific scholars valuable insights into the questions and challenges faced by the legal profession, the Forum is designed to boost interdisciplinary connectivity and develop innovative approaches to strategic litigation. 

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