On 14 November 2023, the Court of Appeal refused environmental NGO ClientEarth (CE) permission to appeal the High Court’s July 2023 judgment that CE had failed to make out a prima facie case enabling the court to grant permission under the Companies Act 2006 (CA 2006) for it to continue a derivative claim against Shell plc’s directors for alleged breach of their duties in connection with the company’s climate change risk management strategy.

With no further recourse to appeal, this marks the end of the road for this landmark piece of litigation. However, CE should take comfort in all that the claim has achieved, particularly in raising the profile of climate risk for directors across the jurisdiction and worldwide, and in significantly progressing the debate around what directors’ duties should include.