Bridging the accountability gap by enhancing UK corporate and personal liability for environmental harms

Abstract

This article critically examines the limitations of the current UK approach to corporate environmental liability, arguing that there are some limits in holding companies accountable for the diffuse and cumulative environmental harms caused by their activities due to the narrow scope of the identification doctrine and the inadequacies of strict liability offences. Drawing on comparative examples from other jurisdictions and analysing the potential impact of recent reforms introduced by the Economic Crime and Corporate Transparency Act 2023, the article proposes a series of targeted reforms to establish a more comprehensive legal framework. By creating stronger frameworks for companies to prioritise environmental sustainability and accountability, these suggestions aim to bridge the existing accountability gap and contribute to the development of a more responsible corporate climate.