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Paul Benson is a commercial litigator with over 15 years’ experience of complex, high-profile and multijurisdictional disputes. He advises across sectors on how regulatory, litigation and reputational risks interact, and how to manage those risks strategically before they escalate.

Paul is a recognised specialist in ESG and corporate climate litigation, with significant expertise in emissions-related litigation and regulation, directors’ duties, business & human rights law, greenwashing, contractual disputes and securities litigation. He has acted for clients before the English High Court and Court of Appeal, as well as before the Court of Justice of the European Union.

Unusually, Paul has experience representing both claimants and defendants in this space. Prior to joining CMS, Paul led flagship commercial litigation for a leading environmental law NGO. Previously, he spent over a decade in private practice, primarily in the London and Berlin offices of Freshfields LLP, where he specialised in commercial litigation and contentious environmental matters.

Paul is qualified in England & Wales, Ireland and Germany. He holds higher rights of audience in English civil proceedings.

Relevant experience

  • ClientEarth in respect of its claim against the Board of Directors of Shell plc for climate risk mismanagement.*
  • The Volkswagen Group in respect of diesel emissions litigation and regulatory complaints worldwide, coordinating the global defence strategy.*
  • KPMG and Alvarez & Marsal as the court-appointed receivers in the USD 6bn BTA Bank v Ablyazov litigation.*
  • Phillips 66 (formerly part of ConocoPhillips) in relation to its claim in the English High Court for environmental liability arising out of an acquisition in Germany.*
  • Blackstone in high-profile English and Irish litigation against a property developer.*
  • In respect of litigation brought as to the European Union’s emissions trading scheme.*
  • In respect of measures taken by the Bank of England during the financial crisis.*

*Prior to joining CMS.

Publications

  • “Demystifying the English Supreme Court’s Brexit decision”: The European Journal of Commercial Law (Europäische Zeitschrift für Wirtschaftsrecht), Benson & Voland.
  • “Know Your Rights: A Guide for Institutional Investors to the Law on Climate-Related Shareholder Resolutions”, Benson, Williamson & Marjanac.

Lectures list

  • Consultant to the University of Oxford (2023-2025).
  • “Directors’ duties in the context of climate and environmental risk”, Chancery Bar Association.
  • “Climate and ESG legal risk management”, City & Financial Global.
  • “Corporate climate legal tactics: a closer look at the United Kingdom”, London School of Economics.
  • “Directors’ legal duties to manage the risks of climate change”, ILA – The Luxembourg Institute of Governance.
  • “Corporate climate litigation”, Pan-Nordic Sustainability Conference.
  • “The future of climate litigation”, University of Cambridge.
  • “Climate liability: time to futureproof your business” – keynote speech, Willis Towers Watson.

Education

  • 2008 – Law (BA Hons), University of Cambridge (Jesus College).

Insights by Paul

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