Shareholder Climate Litigation: An Irish Perspective - Business Law Review View Shareholder Climate Litigation: An Irish Perspective by - Business Law Review Shareholder Climate Litigation: An Irish Perspective 46 3

This article examines the potential for shareholder climate litigation in Ireland, with a particular focus on how it compares to the UK. It begins by discussing the landmark ClientEarth v. Shell Board of Directors case before exploring other recent examples of shareholder climate litigation. The focus then shifts to the legislative and common law framework governing shareholder activism in Ireland, assessing the opportunities and obstacles for such litigation in the context of climate change. Given the Irish courts’ general reluctance to intervene in corporate governance and the absence of a statutory derivative action, significant legal barriers exist. While potential avenues include the common law derivative action and section 212 minority shareholder actions, the current legal framework presents substantial challenges, making shareholder climate litigation in Ireland an uncertain and complex endeavour.

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