ESG has long been a critical issue for companies and investors, but interest in this space has grown enormously among corporates, shareholders, activists and the media in recent years. This heightened awareness means greater scrutiny of the environmental, social and governance aspects of business; government regulation across the world is also becoming tighter and more readily enforced. This increases the scope for disputes.

In the latest episode of the Stewarts Commercial Litigation Podcast, legal directors and podcast hosts Karen Hutchinson and Francesca Berry are joined by commercial litigation partner Elaina Bailes to discuss climate change and environmental litigation, as well as the less-publicised but equally important social and governance themes that companies and directors must keep in mind to avoid costly disputes.

Listen now on Spotify, Apple, Amazon/Audible, Google Podcasts and Deezer.

What can result in ESG litigation?

ESG legislation is set to change significantly in the UK over the next few years. Our hosts discuss situations where ESG-related litigation might arise.

Questions answered in this podcast include:

• What are the most likely legal claims arising from environmental, social and governance issues?
• As regulatory changes are introduced, how might litigation in this area evolve?
• How might supply chain issues lead to litigation?
• What scope is there for negligence claims resulting from advice or mis-selling of ‘green’ products or credentials?
• Following action brought in other jurisdictions, is it likely we will see more of these claims brought in the UK?
• What are the hurdles to bringing ESG claims?
• How concerned should businesses be? What can businesses do to guard against ESG-related litigation brought by stakeholders or regulators?

The Stewarts Commercial Litigation Podcast

Every episode of the Stewarts Commercial Litigation Podcast will be available on our website and social media channels, as well as Spotify, Apple, Amazon/Audible, Google Podcasts and Deezer.

These podcasts will offer guidance and updates both for litigation practitioners and for individuals and companies looking to avoid and manage litigation proceedings. In each upcoming episode, co-hosts Francesca Berry and Karen Hutchinson will speak to subject experts within the Stewarts team.

Each podcast will address the latest issues and legal changes within the topic in question, considering both the most likely routes for a claimant to bring a dispute and what steps a potential defendant could take to avoid costly litigation.