Posts Tagged  EWCA Civ 1528
Update 16 May 2018 Vedanta have been given permission to appeal to the Supreme Court.
I reviewed the High Court’s decision in Lungowe here. In  EWCA Civ 1528 the Court of Appeal has now confirmed jurisdiction against the non-UK based defendants on largely the same, if slightly more structured and expanded arguments as the High Court. (Per Owusu, jurisdiction against the UK-based defendant is undeniable; the non-UK defendants need to be joined on the basis of residual English conflicts law).
Ekaterina Aristova has analysis of Simon LJ’s leading judgment here – I am happy to refer. Of particular note is the much more reserved approach of the Court of Appeal on the merits issue of the claim. As I noted in my review of Okpabi v Shell at the High Court, in that case Fraser J looked in serious detail into the issue of merits: not, I believe, justified at the jurisdictional stage. Appeal against Fraser J’s finding will be heard by the Court of Appeal.
European private international law, second ed. 2016, Chapter 8, Headings 22.214.171.124., 8.3.2
abuse, anchor, Anchor defendant, Chandler v Cape, Corporate social responsibility, CSR, environmental damage, Forum non conveniens, High Court, http://www.bailii.org/ew/cases/EWCA/Civ/2017/1528.html, http://www.bailii.org/ew/cases/EWHC/TCC/2016/975.html, lungowe v vedanta, parent company liability, piercing the veil, Pollution, Regulation 1215/2012, Shell,  EWHC 975 (TCC),  EWCA Civ 1528
- Cunico v Daskalakis. Lugano Convention, employment and choice of court. 22/01/2019
- Liberato: violation of lis alibi pendens rules does not justify refusal of enforcement on grounds of ordre public. 21/01/2019
- DES v Clarins. The law applicable to ending commercial agency: Granarolo (and Rome I’s /Rome Convention’s overriding mandatory law rules) applied by Paris Court of Appeal. 18/01/2019
- Forget what you have read. Szpunar AG does not restrict EU ‘Right to be forgotten’ /data protection laws to European territory. 15/01/2019
- SAS Institute v World Programming. Ordre Public, res judicata, fraus and (European) statute conspire against enforcement. 14/01/2019
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