Using litigation strategically - ugo taddei

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  • Using litigation strategically Presentation by: Ugo Taddei

    Screening of This Changes Everything

    19 January 2016

  • Contents

    1. Litigation as a strategy

    2. Threat of litigation

    3. Types of claim

    4. War stories

  • ClientEarth is a non-profit environmental law


    We use law, science and policy to tackle key

    environmental challenges

    We work on climate change, energy,

    environmental justice, biodiversity, forests and

    human health

    Introduction to ClientEarth

  • Litigation as a strategy


    Implementation Enforcement

  • Why is it effective?

  • Threat of litigation

  • A credible threat

    of litigation

    can be just as

    effective as

    actually issuing


    proceedings (and

    is a lot cheaper)

  • Types of case

    Private law action Normally against a

    private company or


    e.g. Tort, company

    law, fiduciary duty,

    contract etc

    Public law action Against a state or

    public authority

    e.g. Judicial review of

    irrational decision,

    breach of EU

    directive by member

    state etc

  • War stories

    Coal power plants

    Company law (Directors and Investors duties)

    Climate and clean air litigation

  • Breaches of PM10 limits (2012)

    Source: EEA (2014)

  • Breaches of NO2 limits (2012)

    Source: EEA (2014)

  • C-237-07 Janecek A right to clean air?

  • The European Court of Justice,


    Where there is a risk that limit

    values may be exceeded, persons

    directly concerned can require the

    competent authorities to draw up an action plan.

  • The UK clean air case - media

    "The next Government is now legally bound to take urgent action on this public health crisis."

    ...some lawyers said Wednesdays court judgment could trigger air quality legal challenges across Europe.

    The order could see dramatic expansion of congestion charging and low emissions zones.

    The outcome of todays case could force the government to take bolder action on anti-pollution measures.

  • Conclusion

    The enforcement gap and the need for citizens


    Different litigation strategies

    Litigation as a campaigning tool

  • Thank you

    Ugo Taddei



    t. +32 (0)2 808 4323