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This pathway will walk us through the basics of banks, starting with some of the different types and their main functions, then starting to look at the regulation faced by the banks, both before and after the Global Financial Crisis.

Greenwashing

Greenwashing is the act of distributing false information about something being more environmentally friendly than it actually is.

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Tackling the Cost of Living Crisis

In this video, Max discusses the cost-of-living crisis currently enveloping the UK. He examines its impact on households as well as the overall economy.

CSR and Sustainability in Financial Services

In the first video of this two-part video series, Elisa introduces us to sustainability. She begins by looking at the difference between sustainability and corporate social responsibility, two terms that can be easily confused.

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Banking Essentials - Part I

This pathway will walk us through the basics of banks, starting with some of the different types and their main functions, then starting to look at the regulation faced by the banks, both before and after the Global Financial Crisis.

Greenwashing

Greenwashing is the act of distributing false information about something being more environmentally friendly than it actually is.

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Our Platform

Expert led content

+1,000 expert presented, on-demand video modules

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Testing & certification

Gain CPD / CPE credits and professional certification

Managed learning

Build, scale and manage your organisation’s learning

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Tackling the Cost of Living Crisis

In this video, Max discusses the cost-of-living crisis currently enveloping the UK. He examines its impact on households as well as the overall economy.

CSR and Sustainability in Financial Services

In the first video of this two-part video series, Elisa introduces us to sustainability. She begins by looking at the difference between sustainability and corporate social responsibility, two terms that can be easily confused.

More featured content

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Book a demo

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Climate Legislation and Litigation in Finance

Climate Legislation and Litigation in Finance

Matthew Gingell

20 years: General Counsel at Oxygen House

There has been a wave of sustainability legislation and regulation in Europe, from the Sustainable Finance Disclosure Regulation (SFDR) and Corporate Sustainability Reporting Directive (CSRD) to the UK Green Finance Strategy. Many institutions, while cognisant of the rising tide of ESG concerns, find themselves inadequately prepared to manage the associated risks. This leaves them open to climate litigation.

There has been a wave of sustainability legislation and regulation in Europe, from the Sustainable Finance Disclosure Regulation (SFDR) and Corporate Sustainability Reporting Directive (CSRD) to the UK Green Finance Strategy. Many institutions, while cognisant of the rising tide of ESG concerns, find themselves inadequately prepared to manage the associated risks. This leaves them open to climate litigation.

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Climate Legislation and Litigation in Finance

9 mins 51 secs

Key learning objectives:

  • Outline examples of sustainability legislation

  • Understand the state of preparedness for climate enforcement

  • Identify the drivers of climate litigation

Overview:

There has been a wave of sustainability legislation and regulation in Europe, from the Sustainable Finance Disclosure Regulation (SFDR) and Corporate Sustainability Reporting Directive (CSRD) to the UK Green Finance Strategy. Many institutions, while cognisant of the rising tide of ESG concerns, find themselves inadequately prepared to manage the associated risks. This leaves them open to climate litigation.

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Summary
What are some examples of sustainability legislation that has been introduced?
  • Sustainable Finance Disclosure Regulation (SFDR)
  • Corporate Sustainability Reporting Directive (CSRD)
  • EU Green Deal
  • UK Green Finance Strategy
  • German Supply Chain Due Diligence Act

How prepared is the financial sector for climate and ESG-related enforcement?
Many institutions, while cognisant of the rising tide of ESG concerns, find themselves inadequately prepared to manage the associated risks. This lack of preparedness is not merely a matter of compliance - it's a strategic oversight that exposes these institutions to substantial litigation and regulatory enforcement risks. Financial institutions must do a thorough review of corporate strategies and commitments related to climate change and carbon reduction and align their business practices with regulatory expectations and international standards. Additionally, they need to develop robust internal policies and controls to effectively manage and monitor their ESG impact.

What are the drivers of climate litigation?
The United States leads in the number of climate-related claims. However this trend is gaining momentum globally, fueled by factors such as the increasing recognition of climate change's impact on human rights and the willingness of courts to explore the legal responsibilities of financial institutions for emissions deriving from their investment decisions. Greenwashing, where organisations make misleading claims about their environmental practices, is now a significant legal battleground. In the UK, the Competition and Markets Authority (CMA) has developed the Green Claims Code, which is a framework for compliance that sets out key points to ensure your environmental claims are genuinely green and are not misleading.

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Matthew Gingell

Matthew Gingell

Matt Gingell is the General Counsel of The Oxygen House Group, a global investment firm focused on making the world better. He is an in-house solicitor and frequently speaks on ESG and sustainability matters. Mathew founded The Chancery Lane Project, a global network of lawyers and business leaders using climate contracting for decarbonisation. He authored the climate contracts doctrine, which focuses on ground-level commercial contracts creating global environmental outcomes. He has been embedding ESG objectives into investments since 2014 and is an ESG Advisor to the QantX fund. He is also an External Associate of Exeter University's Centre for Environmental Law and a Fellow of the Institute of Corporate Responsibility and Sustainability.

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