ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough.

Litigation 75

Litigation Litigating Laws Tort 75

Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. They rule that the cause of action had accrued at the moment when the spilled oil had reached the shore. This was a one-off event and not a continuing nuisance.

Cause of Action 40

Cause of Action Court Tort Civil Law 40

LexForti

NOVEMBER 5, 2021

The general principle that amendment of pleadings cannot be allowed so as to alter materially or substitute cause of action or the nature of claim applies to amendments to plaint. Scope and Extent of Amendment of Pleadings, [link] (last visited Oct 10, 2021). The Code of Civil Procedure, 1908, Order VI Rule 1.

Diligence 52

Diligence Cause of Action Court Litigation 52