John Sturrock KC: Scots lawyers must prepare for climate-related risks

John Sturrock KC: Scots lawyers must prepare for climate-related risks

John Sturrock KC

Last week, I attended a showing at the EICC of a deeply shocking film entitled People’s Emergency Briefing. We have become accustomed recently to focusing on AI and national security as real and imminent threats to our future. This film, presented by Chris Packham, reminds us that the biggest threat remains climate change and potential environmental catastrophe. We should all watch it.

In 50 minutes, the film distils evidence presented to MPs and others at the National Emergency Briefing in Westminster, where leading scientists and experts examined the implications of climate and nature breakdown for the UK. The film focuses not only on environmental impacts, but also the impacts on food and national security, health and the economy. It describes several potential tipping points with possibly profound consequences, precipitating economic and societal collapse. Its central message is that climate change is not a future problem: it is already affecting everyday life and its effects are likely to intensify over the coming decades unless rapid corrective action is taken. A strength of the film is that it frames climate change as a systemic risk rather than a niche environmental issue. It follows that organisations, including business, should understand the evidence, assess their exposure and respond appropriately.

Why does People’s Emergency Briefing deserve the attention of Scotland’s legal profession? Scotland has already experienced increasingly frequent flooding, coastal erosion and impacts on agriculture and land use. These trends are likely to increase significantly and affect property values, insurance and lending, infrastructure resilience, agricultural productivity, supply chains and commercial operations. The legal consequences could touch almost every practice area, from property and planning to corporate, commercial, employment, litigation and private client work.

What might this mean for legal practice and professional competence? Lawyers are accustomed to assessing emerging risks, anticipating economic and societal change and helping clients navigate uncertainty and difficult transitions. So, firstly, firms should probably treat climate change as a mainstream business risk and consider whether climate-related impacts have been incorporated into strategic planning, business continuity arrangements and risk management.

Secondly, lawyers should aim to become more knowledgeable in advising clients on climate-related legal issues. Questions about disclosure, directors’ duties, environmental obligations and climate-related litigation are likely to become increasingly common. There will be growing client need for advice on sustainability, reporting and transition planning and an understanding of how climate risks intersect with legal and commercial decision-making. There may be access to justice issues for vulnerable communities affected by flooding, housing issues, health impacts and economic disruption.

Thirdly, firms could view this as an internal governance issue. Measuring and reducing emissions, improving energy efficiency and strengthening procurement policies can reduce costs, improve resilience and align firms with client expectations and emerging regulatory requirements. Perhaps firms could use a screening of the film as a catalyst for internal discussion about implications for clients, practice areas and firm management.

People’s Emergency Briefing suggests that climate change and environmental breakdown is the defining challenge of our time. Whether one agrees with all of its conclusions or not, its underlying message is difficult to ignore: the risks are growing, the impacts are becoming more visible, and the organisations that prepare early are likely to be better positioned than those that wait.

For Scottish lawyers, therefore, the question is no longer whether climate change will affect legal practice, but how quickly practitioners will adapt to the realities it presents.

John Sturrock KC is senior mediator, Core Solutions

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