NLJ: The Environmental Cost of Dispute Resolution

The legal world finds itself at a critical juncture, grappling with a dual responsibility. On one hand, as a United Nations Environment Programme (UNEP) report highlights, people are increasingly turning to courts as a key mechanism to combat the climate crisis, holding governments and corporations accountable. On the other hand, the very process of litigation is itself a significant contributor to the problem, producing substantial carbon emissions through outdated, inefficient practices.

As clients and corporations operate within stringent Environmental, Social, and Governance (ESG) frameworks, the legal industry must urgently align its internal operations with the same climate commitments it is increasingly called upon to enforce.

Climate Change in the Courts

The UNEP report reveals a huge shift, with the total number of climate change cases more than doubling from 884 in 2017 to 2,180 in 2022. As Inger Andersen, Executive Director of UNEP, stated, “People are increasingly turning to courts to combat the climate crisis... making litigation a key mechanism for securing climate action and promoting climate justice.” This surge underscores the law's vital role in addressing the planetary emergency.

However, this progress is undermined if the legal process itself remains environmentally unsustainable. The UK's legal commitment to achieve net zero by 2050 and its obligations under the Paris Agreement make it imperative that the justice system practices what it preaches.

Litigation & Emissions

While courts are used to enforce climate accountability, traditional litigation remains a major carbon emitter. The scale is staggering: the average international arbitration requires nearly 20,000 trees to offset its emissions.

The primary culprits are deeply ingrained: extensive travel for in-person hearings and the unnecessary printing of vast quantities of documents, including entire disclosure sets and multiple hard-copy hearing bundles. With clients beholden to stakeholders and regulatory requirements for carbon reporting, continuing these wasteful processes is becoming professionally and ethically untenable.

Changes from the Pandemic

The pandemic demonstrated that the legal profession can adapt rapidly. We already possess the technology to avoid most of these emissions. Platforms like TrialView provide the integrated, cloud-based workspace necessary to emulate real-life hearings with e-bundling, evidence presentation, and high-fidelity videoconferencing. The benefits are twofold: immense efficiency gains and a profound reduction in carbon footprint.

A detailed 2022 study by Herbert Smith Freehills quantified this, finding a London arbitration hearing has a carbon footprint 19 times greater than if it were held remotely. Furthermore, automation and AI tools can replace repetitive, paper-heavy tasks. Automated bundling with hyperlinking, AI-powered evidence interrogation, and digital witness testimony transcription are practical tools that slash emissions while enhancing legal practice, making sustainable litigation a tangible reality.

Despite the clear path forward, the legal community risks a dangerous relapse into carbon-intensive habits. Current obstacles include:

• Court Infrastructure: Courts are often not equipped to process requests for remote hearings efficiently, causing delays.
• Outdated Rules: The Civil Procedure Rules (CPR) do not expressly recognise carbon reduction, creating inconsistency.

Initiatives like the Greener Litigation Pledge provide a framework for action, but voluntary measures are insufficient. As the UNEP report shows the law becoming a defined tool for climate justice, the rules governing legal practice must evolve. The article concludes that nothing short of rule reform is likely to bring that about, proposing that the Overriding Objective of the CPR be amended to formally recognise the UK's carbon reduction commitments.

Technological Innovation & Climate Change

At TrialView, we provide the technological foundation for this necessary transformation. As courts worldwide become arenas for climate justice, the legal processes within them must reflect the same urgency. Our platform empowers law firms and corporations to meet their ESG obligations and contribute to the broader net-zero goal without compromising procedural rigour.

By enabling seamless remote collaboration, eliminating paper waste, and obviating carbon-intensive travel, TrialView allows the legal profession to resolve disputes in a manner that is both just for the parties and responsible for the planet. In the era of climate litigation, building a sustainable justice system is not just an option; it is a core part of the legal profession's duty to the rule of law.

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