D&O Insurance – climate litigation, coverage and what’s ahead for directors

In the wake of the Court of Appeal’s decision in Client Earth v Shell, it is unclear and uncertain where and how environmental activists and political lobbyists can go next in any legal cause of action against directors and/or shareholders of companies who are failing to meet their ESG and ‘green’ credentials, notwithstanding public declarations and commitments to do so. 

Nick Sutton, commercial litigation partner and insurance specialist at Freeths, and Peter Webster, barrister at Essex Court Chambers, discuss with market leading D&O insurance brokers, Aon the interplay between similar such actions that might arise in future and those against energy, retail and FMCG companies in particular, with a view to forecasting what is on the horizon for D&O policyholders and insurers in relation to climate change litigation