ClientEarth 5d ago

ClientEarth and a panel of legal experts explore an emerging area of tort law: can banks be held liable for financing harmful new fossil fuel projects. Banks have channelled $8 trillion in finance to the fossil fuel industry since the Paris Agreement, enabling projects that contribute to dangerous climate change, pollute ecosystems and undermine the rights of Indigenous communities. Holding banks responsible for the negative impacts of their financing is a new frontier in climate and environmental litigation. The panel examines the potential for climate litigation against banks through the lens of a thought experiment: a ‘mock’ judgment written by senior English law barristers. The mock judgment illustrates how the English Court of Appeal could uphold claims by affected communities against a bank financing fossil fuel expansion in the Brazilian Amazon. The panel combine first-hand experience of litigation directly challenging fossil fuel expansion in Brazil, with legal analysis on how transnational liability for banks could be established. The panellists consider arguments for establishing a novel climate duty in tort law, as well as addressing the potential legal hurdles to claims. Speakers: - Andrew George KC, Barrister, Blackstone Chambers - Dan Eziefula, Lawyer, ClientEarth - Kate Cook, Barrister, Matrix Chambers - Renata Prata, Project and Advocacy Manager, ARAYARA International Institute - Zoe Leventhal KC, Barrister, Matrix Chambers Hosted by Blackstone Chambers