The following Banking & Finance practice note produced in partnership with Kathryn Emmett, Rosa Mottershead, Rob Marsh, Andrew Hedges, Imogen Garner and Cara Dowling of Norton Rose Fulbright provides comprehensive and up to date legal information covering:
In response to the The Paris Agreement, governments and intra-governmental organisations launched a number of measures to promote sustainable finance. To date, these have focused on voluntary measures, relying on businesses and investors to self-monitor in this area. As the global move towards a more sustainable economy gathers pace, and the need to respond to the risks presented by climate change becomes more urgent, these measures are beginning to be transposed into legislation and regulation. While many financial institutions have already implemented internal systems for assessing and monitoring the sustainability of their businesses, the introduction of regulatory frameworks focused on sustainable finance should lead to standardisation in this diverse area, requiring financial institutions to assess and report on sustainability issues within their existing governance and risk management structures. For more information on the Paris Agreement, see Practice Note: The Paris Agreement 2015—snapshot.
This Practice Note will outline global and EU initiatives in sustainable finance, as well as the current approach in the UK. As this is a fast-moving area, this Practice Note will be updated periodically. The information contained in this note is correct as at July 2021. For developments since then, see: Practice Note: Sustainable finance—recent news.
Sustainable finance refers to the integration of environmental, social and governance (ESG) criteria by financial institutions into business or
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Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of buyer]Transaction: [insert brief details]1Executive summary1.1Scope of reportThis report is addressed to you [insert buyer’s name] and has been
Without prejudice to any other enactment by virtue of which any offence is triable either way1, the following offences are triable either way2: (1) offences at common law of public nuisance3; (2) an offence at common law of outraging public decency4; (3) administering an oath etc
Direct effect of EU lawWhat is direct effect of EU law?The doctrine of direct effect is a fundamental principle of EU law developed by the Court of Justice of the European Union in Van Gend en Loos. It is a mechanism through which individuals can enforce rights in Member States’ courts, based on EU
Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and
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