The issue of tortious liability for harm caused by climate change
has risen to some prominence in recent legal literature. However,
except for a few U.S. cases, litigation in this area remains
dormant in most jurisdictions. Now, in anticipation of the
likelihood - and desirability - of such litigation, this
ground-breaking study examines the extent to which a claim brought
by a private, public, or quasi-public claimant against a private
defendant (such as a producer of fossil fuels or major emitter of
greenhouse gases) alleging climate change-related damage, and based
on one or more causes of action under the English law of torts, can
be pursued in the English Courts. Focusing on the circumstances and
the prerequisites that must be met in order to construct a
potentially successful case, the author addresses the following
questions: * On the basis of a high-level review of the relevant
scientific literature, what impacts is climate change expected to
have on the human and natural environment? * What goals would be
served by climate change litigation? * Under what circumstances
would the English Courts accept jurisdiction in relation to a
climate change claim? * To what extent can existing tort law
precedents - e.g., negligence, product liability, public nuisance -
be used in climate change-related claims? * To what extent does the
existence of a regulatory framework limit or extinguish the
liability of the defendants if they can show full compliance with
the provisions of the relevant regulations? * How would the current
law of causation need to develop in order to overcome the
difficulties inherent in ascribing certain forms of damage to
climate change? The analysis considers each available cause of
action in turn, setting out the elements that would have to be
established, as well as highlighting the obstacles that would need
to be overcome if the validity of the claim was to be upheld. The
defences that would be available to the defendants are also
examined, and their effectiveness at invalidating a claim is
tested. In addition, the study assesses the remedies that could be
claimed in law and equity for climate change-related damage. The
analysis also incorporates examination of case law from tobacco,
asbestosis, handguns, and other relevant types of litigation -
including climate-based litigation cases in the U.S. - where
comparable issues of multiple tortfeasors, proportional liability,
materiality thresholds, increase in risk, and other complexities of
causation have already been considered at some length. By
concentrating on tortious liability, the author clearly shows that
litigation can become a significant means of compensating climate
change victims, encouraging regulatory change, and facilitating a
socioeconomic transition away from the fossil fuel economy.
Although the book will be of particular interest to lawyers in
multinational corporations and certain non-governmental
organizations, the book's relevance to a much broader spectrum of
jurists, academics, and policymakers is undeniable.
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