Constructing a Private Climate Change Lawsuit Under English Law: A Comparative Perspective

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Kluwer Law International, 2010 - Law - 218 pages
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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.
 

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Contents

The Phenomenon and Its Impacts
7
Estimating the Current and Future Impacts of Climate Change
14
The UK Perspective
24
The Aims of Litigation
28
The Systemic Constraints
34
Potential Opportunities for Climate Change Litigation
49
Conclusion
57
The Defendants
70
Chapter 4
83
Conclusion
117
Public Nuisance
136
Conclusion
149
Summary
177
Conclusion
185
Final Remarks
201
Online sources last visited on 1 May 2010
213

Remedies Sought
76

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