Our series on climate disputes finds the UK, Australia and
the US placing high hurdles to successful investor claims but the
risk is growing.
Recent years have shown a rise in activist shareholders striving
to shape corporate conduct around ESG matters, particularly climate
change.Institutional investors are increasingly backing such
initiatives, driven by the need to showcase their ESG commitments,
fulfil investment strategies and reduce risk associated with their
investment labels.
In England and Wales, shareholder activism has traditionally
taken the form of shareholder resolutions during general meetings.
However, investors are now expanding the climate agenda beyond such
forums and looking to the courts to put pressure on large
corporates. This article looks at emerging shareholder claims
related to climate change in the courts of England and Wales and
provides an international perspective by briefly considering the
position in the US and Australia, two
