Posts Tagged http://www.bailii.org/ew/cases/EWCA/Civ/2018/191.html
Update 16 May 2018 Vedanta have been given permission to appeal to the Supreme Court.
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
- Judgment in Kerr v Postnov(a): a surprisingly swift conclusion on Article 24 and ‘services’ in Brussels Ia /Rome I. 21/05/2019
- Kiobel v Shell in The Netherlands. Court confirms jurisdiction anchored unto mother holding and qualifies the suit as one in human rights: not tort. Also orders limited use of documents obtained in US discovery and limited continuation of the trial. 17/05/2019
- Bitcoin online resolution award refused recognition and enforcement at Amsterdam (ordre public exception of New York Convention). 15/05/2019
- Stand alone cartel damages suits: The High Court in Media Saturn Holding v Toshiba on anchoring jurisdiction. 13/05/2019
- Six useful Google ‘hacks’ to make your research more efficient. Brought to you by Leuven Law Library. 10/05/2019
Also of noteMy Tweets