Posts Tagged http://www.bailii.org/ew/cases/EWCA/Civ/2018/191.html
Update 24 July 2019 the Supreme Court have granted to leave to appeal to it. Watch this space.
Update 7 March For a great supplement simply refer to Penelope Bergkamp’s post in which she discusses the wider issues of parent liablity v veil piercing etc.
The Court of Appeal, referring powerfully ia to VTB, has confirmed (albeit with dissenting opinion) lack of the English courts jurisdiction in  EWCA Civ 191 Okpabi et al v Shell. I reviewed the High Court’s decision in same here. Plenty of the High Court’s considerations. e.g. (pro inspiratio) joinder under Brussels I Recast, and the optionally distributive lex causae rule under Article 7 Rome II, do not feature in the Court of Appeal’s approach.
The crucial take-away from the judgment is that the English courts do not believe that headquarter instructed mandatory compliance, equates control. This runs along the lines of Scheindlin USDJ’s approach in Apartheid.
(Handbook of) European Private International Law, 2nd ed. 2016, Chapter 8, Heading 8.3.
2017 EWHC 89 (TCC), abuse, abuse of process, abuse of rights, Anchor defendant, article 7, case management, Corporate social responsibility, CSR, environmental damage, FNC, Forum non conveniens, High Court, http://www.bailii.org/ew/cases/EWCA/Civ/2018/191.html, http://www.bailii.org/ew/cases/EWHC/TCC/2017/89.html, Locus damni, Locus delicti commissi, Nigeria, Ogale, Okpabi v Shell, Owusu, Rome II, Shell,  EWCA Civ 191
- Nigeria v Shell et al at the High Court. Yet more lis alibi pendens and cutting some corners on case-management. 28/05/2020
- Awendale v Pyxis. More Article 29 lis alibi pendens, with focus on ‘same cause of action’, ‘same parties’ and time limits for application. 27/05/2020
- From the archives: the professor Arnaud Nuyts study on residual jurisdiction. 26/05/2020
- The CJEU in Reliantco on’consumers’ and complex financial markets. And again on contracts and tort. 26/05/2020
- Local authority B v X: Brussels IIa and (Northern) Cypriot territory. 25/05/2020
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