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High Court confirms refusal of permission for ClientEarth derivative action against Shell directors (ClientEarth v Shell plc)

Copyright © 2025 LexisNexis

Published on: 26 July 2023

Published by a LexisNexis Dispute Resolution expert

Table of contents

Evidential burden on claimants
Criteria to consider at prima facie stage
Strategy vs implementation
Subjective vs objective test
Relevance of expert evidence

Article summary

Dispute resolution analysis: The High Court on 24 July 2023 handed down judgment confirming its earlier decision to refuse climate-change activist ClientEarth’s application for permission to continue a derivative action on behalf of Shell plc seeking to challenge its directors’ response to the risks posed to Shell’s business by climate change. Rupert Lewis, head of banking litigation, Neil Blake, partner, James Palmer, partner, Silke Goldberg, partner, Rebecca Perlman, partner, Maura McIntosh, professional support consultant and Ceri Morgan, professional support consultant, Herbert Smith Freehills explore the decision.

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