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
- Wigmans v AMP. Abuse of process and multiplicity of proceedings. 15/10/2019
- Lloyd v Google. Court of Appeal overturns High Court, establishes jurisdiction viz US defendant. Takes a wider approach to loss of control over personal (browser-generated information) data constituting ‘damage’. 14/10/2019
- Steady now. Eva Glawischnig-Piesczek v Facebook. The CJEU on jurisdiction and removal of hate speech. 10/10/2019
- Elena Tsareva et al v Dimitri Ananyev et al. Cypriot passports, forum shopping and anchor defendants in England. 08/10/2019
- Blaise and others: The CJEU on precaution and regulatory approval. 07/10/2019
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