The burden of proof in environmental cases under Brazilian law

Author: Filipe Carvalho, Associate It is a rule in Brazilian law that generally whoever alleges must prove the allegation. Pursuant to article 373 of the Brazilian Civil Procedure Code[1], the burden of proof rests on the claimant, to prove the constitutive facts of their case (item I) and on the defendant, to prove facts impairing, […]

Big Oil’s ‘Black Wednesday’ One Year On

Author: Emma O’Brien, Associate ‘Black Wednesday for big oil’, as the media1 dubbed it on 26 May 2021, was the day when some of the biggest players in the industry – ExxonMobil, Chevron, and Shell – suffered a “stunning series of defeats” which appeared to mark a turning point in attitudes towards the fossil fuel […]

Electric vehicles to the rescue?

Author: Bruna Oliveira, Associate. Emissions from internal combustion engine vehicles (ICEVs) – i.e. those powered by diesel and petrol – contribute significantly to climate change, with road transport contributing to over 10% of global greenhouse gas emissions[1]. Emissions generated by ICEVs have been shown to have severe consequences for our health, including increasing the risk […]

International Women’s Day 2022: Break the Bias

This year, for International Women’s Day, the Corporate Social Responsibility (CSR) team set up a fundraising campaign for our charity partners, Refuge to support the work they do in support of women and children faced with domestic violence.  We saw a sea of pink outfits in our PGMBM offices around the world in support of our […]

PGMBM Supports Boca da Mata

Late last year, the Bahia state of Brazil was affected by flooding and heavy rains as a result of the extreme weather caused by climate change. The Bahia branch of the Superintendency of Civil Protection and Defence (SUDEC) estimated that at least 471,786 people were and still are affected by floods and heavy rains in […]

Shell Interdicted from South African Seashores in High Court Ruling

Author: Jade Weiner, Legal Director On 28 December 2021, the High Court of South Africa handed down a ruling (the ‘Case‘) interdicting Royal Dutch Shell (Shell) from carrying out three-dimensional seismic testing for oil and gas.[1] The company intended to begin prospecting along 6011-sq-km of the ecologically diverse and sensitive marine environment of South Africa’s Eastern coastline. The Case and […]

Case snapshot of the Lloyd v Google Supreme Court judgment

Author: Alex Tyerman, PGMBM Associate In the high-profile case of Lloyd v Google LLC [2021] UKSC 50, the Supreme Court handed down its final judgment in November 2021. Following a two-day hearing, the judgment overturned the Court of Appeal’s decision to allow Mr Lloyd to continue his representative action against Google. The case attracted a great […]

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 […]