Journal article
Climate change on the board: navigating directors’ duties
- Abstract:
- A noteworthy trend within the surge in corporate climate litigation is the increasing focus on personal responsibility of corporate directors. In 2023, ClientEarth commenced a derivative claim against Shell and its directors in the English courts, arguing that those directors were in breach of their directors' duties under the Companies Act 2006. This article analyses the claimant's arguments, examines the basis upon which the court dismissed the claim and identifies the procedural challenges that are likely to be faced by future claimants in commencing similar claims. In light of the rising trend in shareholder activism, coupled with the ever-increasing regulatory requirements to strengthen corporate human rights and environmental performance, the article anticipates further attempts to bring derivative claims against directors for failing to take action to address climate change risks. It provides suggestions for the sorts of arguments that may have greater prospects of succeeding before the English courts.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
Actions
Access Document
- Files:
-
-
(Preview, Version of record, pdf, 993.8KB, Terms of use)
-
- Publisher copy:
- 10.1080/14735970.2024.2414466
Authors
+ Leverhulme Trust
More from this funder
- Funder identifier:
- https://ror.org/012mzw131
- Grant:
- ECF-2021-132
- Publisher:
- Taylor & Francis
- Journal:
- Journal of Corporate Law Studies More from this journal
- Volume:
- 24
- Issue:
- 2
- Pages:
- 479-514
- Publication date:
- 2024-10-29
- Acceptance date:
- 2024-10-06
- DOI:
- EISSN:
-
1757-8426
- ISSN:
-
1473-5970
- Language:
-
English
- Keywords:
- Pubs id:
-
2053183
- Local pid:
-
pubs:2053183
- Deposit date:
-
2024-10-30
Terms of use
- Copyright holder:
- Aristova and Nichols
- Copyright date:
- 2024
- Rights statement:
- © 2024 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDer-ivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distri-bution, and reproduction in any medium, provided the original work is properly cited, and is not altered,transformed, or built upon in any way. The terms on which this article has been published allow the posting of theAccepted Manuscript in a repository by the author(s) or with their consent.
If you are the owner of this record, you can report an update to it here: Report update to this record