ESG Regulations, Litigation & Enforcement

ESG and UK Law

ESG considerations are increasingly woven into the fabric of UK law, impacting businesses across various sectors. These can come in a broad range of forms, but some areas that need to be considered are climate reporting which is mandatory for companies turning over £500 million + or with over 500 employees. Sustainability disclosure requirements which provide a comprehensive system for companies to report on their sustainability performance. The Companies Act includes provisions requiring companies to report on environmental, employee, and social matters in their strategic reports. 

Environment, Social, And Governance (ESG) Regulations, Enforcement & Litigation

If your organisation is being investigated by an enforcement agency or regulatory body over an ESG issue, or subject to a civil claim, I have the experience and sheer intelligence to get positive results and protect your reputation. With over 20 years of experience, I can strategically manage a regulatory investigation, make quick decisions, and take every step possible to avoid you or your organisation facing prosecution or the civil courts.

“Tanveer provided excellent help with my case from the very beginning and provided a very professional, high quality service. He was always available including after office hours to answer any questions and goes the extra mile to ensure a positive result. He is a outstanding barrister, I would definitely recommend him.”

My legal advice is designed to proactively manage risks and align with your business objectives. I am committed to protecting your reputation and resolving matters efficiently and cost-effectively.

Book a discovery meeting with me now.

Areas of ESG Law and Litigation

ESG litigation encompasses several key areas: environmental litigation, arising from non-compliance with environmental regulations; human rights litigation, stemming from abuses in supply chains or operations; and ESG claims, focusing on misleading statements or inadequate disclosure of ESG risks. Notably, greenwashing allegations, where companies make unsubstantiated environmental claims, are increasingly leading to legal action.

When should I get advice on ESG Litigation?

Prompt action is crucial in ESG-related investigations or claims. Contact me immediately to maximise your chances of a swift and discreet resolution. I prioritise understanding your business and its market culture, enabling me to anticipate and navigate challenges effectively. You can rely on me to stay ahead of investigators and, while aiming for out-of-court settlements, to be fully prepared for litigation if necessary.

In today’s digital world where trial by social media can destroy a profitable business in a matter of hours, accusations of greenwashing, imprudent investments, and project proposals that focus on fossil fuels or damage to biodiversity can result in stakeholder activism and potential shareholder and/or investor litigation. You can be confident that I will rapidly get up to speed with your business and develop a robust strategy that achieves your desired outcome.

ESG Policy Review

Proactive ESG policy review is crucial to safeguarding your business and reputation. By instructing me to review your policies, you can ensure compliance and prevent potential issues before they arise. My extensive experience across various sectors provides me with firsthand knowledge of the impact of ESG issues and how to effectively mitigate them.

ESG investigation and civil claims FAQs

What is greenwashing?

Greenwashing involves the deceptive practice of companies using marketing, public relations, and advertising to portray themselves or their products as environmentally friendly and sustainable, when in reality, they either fail to reduce their environmental impact or actively contribute to environmental harm. This practice not only misleads consumers but also undermines genuine efforts towards sustainability, creating a false sense of progress and hindering the adoption of truly eco-conscious practices. It can involve subtle linguistic cues, misleading imagery, or exaggerated claims, all designed to capitalise on growing consumer demand for environmentally responsible products and services.

The Competition and Markets Authority (CMA), which enforces the Consumer Protection from Unfair Trading Regulations 2008 and other consumer protection legislation, states that an environmental claim suggests that a product, service, process, brand, or business is better for the environment. This could be because it has an overall positive or no negative environmental impact or because it is less damaging than a previous version or a competitor’s offering.

Businesses risk falling foul of UK and international greenwashing regulations. If you are being investigated or have a claim brought against you, I will make sure you have a persuasive defence and use every tactic at my disposal to bring the matter to a swift close.

Do I need to be concerned about ESG claims stemming from my supply chain?

Yes, this is an area where companies are particularly vulnerable to ESG-based claims. For example, in 2021, the Court of Appeal allowed the widow of a deceased worker who was dismantling a defunct oil tanker sold by the Defendant shipbroker to proceed on the basis that it was arguable the Defendant owed a duty of care to supply chain workers.

Litigation involving supply chains can be incredibly complex, often encompassing multiple jurisdictions with different human rights, health and safety, or environmental standards. I have extensive experience in dealing with cross-border claims and will negotiate and/or litigate assertively to ensure you get a positive result.

Bring me on board

Do not try to manage an ESG investigation or civil claim alone. For expert legal advice and representation, contact me immediately. You can be confident that I will work quickly and effectively and manage the situation so you can concentrate on your business.

To discuss your circumstances and for a quote for legal representation, please contact us on 020 7036 0200. Alternatively, you can use the contact form or WhatsApp link for urgent legal advice. To book an appointment for a discussion, you can also email Tanveer directly on tanveer@tqlegal.co.uk and he will get back to you as soon as possible.