Milieudefensie, the Court put particular emphasis on the “
policy-setting influence RDS has over the companies in the Shell group” in ordering that an “obligation of results” (i.e. to reduce direct emissions) extended also to the Shell Group. It remains to be seen whether climate change lawyers will seek to bring to cases based on a ‘standard of care’ with respect to climate change in other jurisdictions.
However, the Court’s judgment extends even beyond the Shell Group structure; in effect the order creates out a dual responsibility for RDS. Although RDS has an “obligation of results” in relation to the climate change reduction of itself and its group, it additionally has a “significant best-efforts obligation” when it comes to business relations of the Shell group – meaning that RDS is also considered responsible for the emissions of its end-customers.
Trevelyan’s Katie Tooley and Van Mildert’s Dara Foody reached the final stages of the competition after being the highest ranked team in the preliminary rounds, with Tooley also being the highest scoring oralist of any team.
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