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 184.108.40.206., 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
- Arica Victims v Boliden Mineral (Sweden). Lex causae and export of toxic waste. Relevant for the business and human rights /CSR debate. 22/07/2019
- Idemia. Interrelated contracts (including issues of privity) and choice of court. 19/07/2019
- LIC Telecommunications et al v VTB Capital et al. High Court suggests autonomous EU approach to asymmetric choice of court. Also discusses contract and tort distinction, and abuse of process. 17/07/2019
- Reitbauer: contract, pauliana and exclusive jurisdictional rules. CJEU simply applies Feniks, its forum contractus view remains unconvincing. 15/07/2019
- Regina v Biffa: Jury instructions and the Basel export ban. 13/07/2019
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