Durham Law School Professor in Practice, Philip Bennett, joined Mark Firman, Partner in leading Canadian firm Blakes, and Professor of Law, Maria O’Brien, of Boston University in presenting a workshop on the extent to which ESG factors may or must be taken into account by DB and DC pension plan fiduciaries/trustees in Canada, the UK, and the US.
Topics covered in the workshop included:
By way of background reading for the workshop the speakers prepared an overview of the legal rules on the extent to which ESG factors may/must be taken into account by DB and DC pension plan fiduciaries/trustees in Canada, the UK, and the US. A copy of that overview document can be accessed here: IPEBLA 2026 Workshop on ESG factors
In the UK context and the Local Government Pension Scheme (the “LGPS”) the workshop drew out the distinction between the permission given to those investing the assets of the LGPS:
and, in summary, for both investment categories a member views hurdle was also cleared.
For UK private sector occupational pension schemes, the workshop drew out the differences of legal views in the UK as to whether non-financial factors could be taken into account.
Notes:
More about Mark Firman here
More about Maria O’Brien here
More about Philip Bennett here
More about Durham Law School here