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Impact of Climate change on Property transactions

Shona Jones

Climate change is an undeniable global phenomenon with far-reaching consequences for our environment, economy, and society. While discussions often focus on its ecological and economic impacts, it is essential to recognise that climate change is also having a profound influence on property law. This article explores the potential impact of climate change in this context, highlighting the need for adaptation and innovation within the legal framework.

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Incorporating environmental protection into commercial contracts

Rob Eakins

Concern for the environment is at an all-time high. There is greater awareness, both on an individual and corporate level, of the impact of our daily activities and choices on the environment. ‘Sustainability’, ‘carbon footprint’ and ‘environmental impact’ are topics that now regularly appear on company websites and on their meeting agendas.

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Court of Appeal backs compulsory alternative dispute resolution (ADR)

Andrew Koffman
Head of Litigation

A recent Court of Appeal judgment confirmed for the first time that the court can now compel litigating parties to take part in alternative dispute resolution (ADR), such as mediation, even if the parties have not agreed to do so between themselves.

Previously it had been understood, including by the trial judge in the latest case, that the law was as set out in a 2004 Court of Appeal case (Halsey v Milton Keynes General NHS Trust).  While the courts were able to encourage litigants to take part in ADR (strongly if necessary, with the right to impose costs penalties for unreasonable refusal), to compel them to do so would interfere with their basic right of access to the court to resolve disputes under the European Convention on Human Rights (ECHR) – which incidentally also applies to businesses in this context.

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