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Smith v Fonterra: A Common Law Climate Litigation Breakthrough

ClimateChange-ClimateLaw

Litigation against major corporate greenhouse gas (GHG) emitters has proven extremely tough. A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough.

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Amendment of Pleadings | Order VI Rule 17 [CPC]: A Critical Analysis

LexForti

However, when a party seeks an amendment of pleading regarding constructive res judicata , the Civil Court must reject such application. [11] 11] This rule is not confined to regular civil proceeding but can be ordered even by a presiding judge in execution, insolvency, arbitration and matrimonial proceedings. [12].