Brick Court Chambers

This Practice Note provides details on climate change litigation cases. It sets out what climate change litigation includes, some of the key drivers to climate change litigation and jurisdictional issues. It also covers different types of claims, such as claims against the government/public bodies, including constitutional and human rights claims, administrative law claims and judicial review. Other claims include claims against private entities/corporations in respect of their contribution to climate change, including negligence and nuisance claims. The Practice Note also focuses on financial claims, such as claims by shareholders against companies and management, failure to report and claims against financial businesses, such as investment managers and pension funds. Finally, it also covers other types of climate change litigation claims, such as claims involving consumer protection/misleading advertising, public trust doctrine, insurance cover and claims other than before the courts.

Appeals from decisions of the CMA (and sectoral regulators) taken under the Competition Act 1998 can be made to the Competition Appeal Tribunal (CAT). This practice note summarises the practice and procedure of the CAT in relation to appeals to it under sections 46 and 47 of the Competition Act 1998.

This Practice Note considers obtaining an extension of time for serving the claim form. It looks at preliminary considerations such as validity of the claim form (CPR 7.5 or as set out in statute) and whether an extension can be obtained through agreement. The impact of making the application during or after the claim form validity period is considered as well as the grounds on which the court will grant an extension and any limitation considerations.

This Practice Note provides details on how climate change arguments have been used in planning judicial and statutory review cases. It sets out what climate change arguments have been made, some of the key drivers to climate change arguments and different types of planning claims in which climate change arguments are raised, including claims against the government/public bodies and local authorities.

This Precedent and associated drafting notes are for use when informing the court of the agreement between the claimant and the defendant(s) to extend the time for service of the claim form.

This Precedent and associated drafting notes are for use by a claimant that requires additional time to serve the claim form.

This Precedent is for an order for use by the claimant when making an application for an extension of time to serve the claim form.

This Precedent and drafting notes set out a witness statement to be used to adduce evidence in support of a prospective application for an order extending the time for service of the claim form.

This Precedent and drafting notes set out a witness statement to be used to adduce evidence in support of an retrospective application for an order extending the time for service of the claim form.

This Precedent and drafting notes set out a witness statement to be used to oppose a claimant’s application for an order extending the time for service of the claim form.