In 2019, the UK became the first country in the world to pass laws to end its contribution to global warming by 2050; with one of the key ambitions being achieving net zero by 2050.
Both court users and the courts can play a role in achieving this aim by reducing the carbon footprint of the litigation process. This article will take you through what Greener Litigation is and how you can get involved….
How is Carbon Involved in Litigation?
We often do not think about the potential ramifications that pursuing or defending a claim can have on the environment. However, there are numerous ways in which carbon is involved throughout the litigation process. Examples include but are not limited to:
- Correspondence being sent by post;
- Providing your solicitors with hard copy documents at the beginning of a matter;
- Utilising hard copy court / hearing bundles;
- Driving to court;
- Witnesses driving to court (particularly if they live hundreds of miles away from the court hearing the claim); and
- Having in-person hearings / trials / mediations.
As you can see, carbon permeates the litigation process. Consequently, we can make a contribution towards the UK’s ambition of becoming net zero by making some fundamental changes.
What do we do as a Firm to Facilitate Greener Litigation?
As a firm, we are proud signatories of the Greener Litigation Pledge. Greener Litigation is a mission statement created by a variety of different law firms and businesses that sets out practical changes that litigators can pledge to commit to in the journey towards net zero. These include:
- Developing and publishing guidelines for court users to adopt when conducting litigation;
- Analysing how technology can assist in the journey to Net Zero;
- Engaging with the courts to embed meaningful change into the rules of litigation practice; and
- Expanding the reach of Greener Litigation within the UK and internationally.
A primary focus for us as a firm is utilising electronic bundles when providing Instructions to Counsel and when sending bundles to the court or tribunal. Our bundles can sometimes amass to several hundreds of pages and multiple copies are required for hearings, so this can really make a difference.
Internally we try to limit our communications to the platform Teams. Teams is an efficient way of communicating with colleagues and is more carbon efficient than communicating by email.
We also think sustainably about travel to and from the courts and when considering attending mediations in another firm’s offices, or other venue. We prefer to use public transport, or if this is not available ensure that we are car sharing so as to minimise the carbon used.
When we do have to use paper / stationery / hard copy bundles, our procurement policy focuses on ensuring that we use suppliers who actively focus on sustainability. These materials need to either recycled, renewable, FSC certified or processed within 500 miles of our offices.
So how can you Help?
You can help by ensuring that all communications from this firm to you are sent by electronic communication only. Notably, it is imperative that we realise even emails have carbon footprints and we must therefore avoid exchanging unnecessary emails, or even attachments and signatures which include images within emails, both with our lawyers and with our opponents.
Further, you can choose to have meetings with us by way of Teams as opposed to travelling to meet us in-person. Meetings can usually be held just as effectively online.
Similarly, when conducting conferences with the barrister advocating on your behalf or partaking in mediations, these can be held by way of videoconference as opposed to being in person. In Employment Tribunal proceedings, there is usually a degree of discretion as to whether hearings take place by video, allowing witnesses to give evidence remotely, avoiding the need to travel.
If a hearing or trial has to take place in person, then we need to think about how we can travel to the court of tribunal sustainably. This might include choosing to take a train or a bus, car sharing or even exploring other forms of greener transport to the hearing.
Our involvement with Greener Litigation should reassure you that we can represent you in a way that focuses not just on litigation but which also keeps our shared values at the forefront of our work.
If you would like to find out more about Greener Litigation and how you can make a difference during your litigation journey, please do not hesitate to get in touch.
This article was co-written by Joe Nicholls and Lexie Williams.