ESG

ESG issues are becoming increasingly important in regulatory, civil and criminal contexts. Given its breadth of recognised talent in areas of law that are highly relevant to ESG, Matrix Chambers is uniquely placed at the Bar to advise and represent individuals, companies, shareholders, investors, and NGOs. 

Environmental issues include greenwashing and fraud, climate litigation, carbon markets, overseas environmental offending in supply chains and related money laundering. 

Social issues include modern slavery and forced labour, child labour, equality diversity and inclusion, discrimination, health and safety offences, fraud and other offending in supply chains and related money laundering.   

Governance includes issues such as fraud, bribery and corruption.  

In addition to expertise in civil claims, criminal matters, and investigations by regulators and prosecutors, members of Matrix’s ESG team are experienced in both preparing Notices for service on company boards for the purpose of s.196 of the Economic Crime and Corporate Transparency Act 2023, and also well-placed to advise boards and senior managers who have received such Notices on their liability and how best to respond to such Notices. 

Significant cases include: 

• Advising a company on potential greenwashing issues involving a trademark 

• Advising a foreign government on legal issues arising from the laundering of tin, tantalum and tungsten 

• Acting in a judicial review of the London Metal Exchange regarding illegally mined nickel 

• Advising on the service of a s. 196 Notice on the London Metal Exchange’s Board and senior managers 

• Advising an NGO on FCA compliance issues where there is suspected forced labour in a regulated company’s supply chains 

• Acting in statutory challenge to the grant of planning consent to a mine on the basis of a false claim to be “net zero”. 

• Advising on a complaint to the International Finance Corporation’s Compliance  

• Advisor/Ombudsman in relation to failures by a mining company to comply with the IFC’s social and environmental Performance Standards 

• The Supreme Court cases of Lungowe v Vedanta Industries and Okpabi v Royal Dutch Shell and Matrix’s groundbreaking work in private international law  

• Representing the victims of the Kozeesleep and Operation Fort English human trafficking conspiracies