The Court of Appeal recently considered whether a clause excluding claims for "loss of anticipated profits" prevented the claimant from bringing a claim for loss-of-profit damages stemming from an alleged breach of contract....more
In Alame and others v Shell Plc and another, the Court of Appeal of England and Wales has overturned a High Court judgment concerning the approach to causation in a significant environmental damages group action, finding that...more
1/23/2025
/ Appeals ,
Causation ,
Class Action ,
Corporate Liability ,
Damages ,
Disclosure Requirements ,
Environmental Litigation ,
Jurisdiction ,
Pollution Control ,
Tort ,
UK
On 12 November 2024, a Dutch appeals court ruled that Shell does not have to reduce its CO2 emissions by 45% by 2030 compared to 2019 levels, as previously ordered by the Hague District Court on 26 May 2021. Shell now has the...more
12/2/2024
/ Carbon Emissions ,
Climate Change ,
Corporate Social Responsibility ,
Duty of Care ,
Environmental Policies ,
Environmental Social & Governance (ESG) ,
EU ,
Greenhouse Gas Emissions ,
Human Rights ,
Sustainability ,
Sustainable Business Practices
The English High Court has held that a geotechnical event ("GE") at a mine in Brazil did not engage the material adverse effect ("MAE") clause in an SPA, pursuant to which two mines in Brazil were being sold for $1.2...more
Last month, the High Court ruled that planning permission previously granted for a coal mine in West Cumbria was unlawful (Friends of the Earth v West Cumbria Mining [2024] EWHC 2349 (Admin) ("West Cumbria Mining")). West...more
The UK Supreme Court’s landmark judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others (“Finch”) was handed down on 20 June 2024. Since then, more recent...more
Multinational companies are facing increased pressure to ensure that they have adequate ESG-related policies in place and (more importantly) that they are implementing those policies in practice within both their business and...more
In the English Court of Appeal's judgment in Drax Smart Generation Holdco Limited v Scottish Power Retail Holdings Limited [2024] EWCA Civ 477, it considered the validity of a notice of claim served pursuant to a share...more
In the UK Supreme Court's judgment in RTI Ltd v MUR Shipping BV [2024] UKSC 18, which was handed down last week, it considered what obligations the words “reasonable endeavours” placed on a party, in the context of a force...more
5/21/2024
/ Arbitration ,
Business Disputes ,
Business Litigation ,
Contract Disputes ,
Contract Terms ,
Force Majeure Clause ,
Goods or Services ,
Performance Standards ,
Shipping ,
UK ,
UK Supreme Court
The UK Supreme Court has handed down its judgment in the case of Okpabi and others v Royal Dutch Shell Plc and another....more
3/8/2021
/ Business Litigation ,
Compliance Management Systems ,
Corruption ,
Duty of Care ,
Foreign Subsidiaries ,
Human Rights ,
Liability ,
Oil & Gas ,
Parent Corporation ,
Royal Dutch Petroleum ,
UK ,
UK Supreme Court ,
White Collar Crimes