Climate Litigation In The UK – A Temporary Reprieve For Directors?

In February 2023, the non-profit environmental organisation, ClientEarth, brought a claim in the High Court of England & Wales against Shell Plc's board of directors, alleging that they had breached their legal duties under the Companies Act 2006 by failing to adopt and implement an energy transition strategy which aligns with the environmental aims of the Paris Agreement. The claim itself was launched almost a year after ClientEarth first notified the Shell directors in early 2022 of their intention to litigate. On 12 May, the High Court refused permission to continue the claim. Does this sound the death knell for climate litigation in the UK, or merely provide a temporary reprieve for directors? Given the different motivations behind modern environmental litigation, it is also necessary to consider whether this is really a "loss" at all for ClientEarth given the publicity their claim has already generated.