Dutch Class Action Regime: Closing in on Two Years of WAMCA

Author: Zachary Pogust, PGMBM Associate (USA) The Dutch regime for collective actions was overhauled when the Act on Redress of Mass Damages in Collective Action (“WAMCA” or the “Act”) entered into force. The Act, which took effect on 1 January 2020, applies to facts that took place after 15 November 2016. It was built upon well-established Dutch collective action mechanisms, in effect since […]

Summary Judgment: a note on prospects, procedure, and principles

Author: Phoebe Gunputh, PGMBM Associate How can you obtain a judgment without going to trial? While it may sound like a trick question, the English rules on Civil Procedure (the Civil Procedure Rules, “CPR”) provide a specific mechanism known as summary judgment (CPR 24). Summary judgment is a discretionary power granted to judges to make […]

An international first in Australian climate change litigation: Australasian Centre for Corporate Responsibility v Santos Ltd

Climate change

Author: Luke Villiers, PGMBM Associate In previous posts, PGMBM examined recent landmark climate change cases and litigation trends and the new European human rights and environmental due diligence legislative regime. As these posts show, environmental litigation is on the rise as individuals and organisations seek to ensure corporations and governments uphold their environmental and human […]

Client Communication in a Group Litigation Claim: Seven Steps to Success

Author: Michael Burke, Senior Associate Instructing a solicitor and starting a case, especially against a large, well-resourced defendant, can seem like a daunting task. To help PGMBM’s current and prospective clients understand the roles and responsibilities in a group litigation claim, and to advise what will be required of you to start and progress your […]

Sorry, I don’t speak Legalese: Test Case

test case

 What is a test case? Test cases are used to provide a clearer definition of a law, or to assess its validity. They are often used by interested groups or individuals who want to:  Challenge the lawfulness of legislation or how the legislation is being applied  Obtain a ruling on an untested point of law  Overturn […]

Climate Change through the Courts: Trends in Environmental Litigation

Environmental protection

Authors: Meabh Kirby and Dominique Ouwerkerk, Trainee Solicitors Environmental litigation is on the rise as individuals and organisations take to the courts to hold corporations and governments accountable under their environmental and human rights obligations. This article provides an overview of recent landmark climate change cases and litigation trends. Milieudefensie v Shell Case On 26 […]

Corporate Liability for Environmental Harm: considerations under the Brazilian model

Brazil

Author: Catarina Ferraz, PGMBM Associate In countries with great environmental potential, it is common for natural resources to become one of the main sources of national income through public and private investments. In this scenario, Brazil is a reference nation on the subject: in addition to being one of the countries with the greatest ecosystem […]

Sorry, I don’t speak legalese: Arbitration

arbitration

What is Alternative Dispute Resolution? Arbitration is a private court hearing where parties agree to be bound by the decision of the mediator. It is an alternative method to pursuing more formal litigation, which is commonly used to resolve disputes. Benefits of Alternative Dispute Resolution The main objectives of arbitration include: Confidentiality – the parties […]

Sorry, I don’t speak Legalese: Class Action

class action

Author: James Kempell, Paralegal ​ A class action is when a large group of affected people form a collective claim over a common legal issue. A class action is also sometimes called group litigation. The class action will form one single claim of representative action against a defendant, person, or organisation for alleged wrongdoing. Types […]