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Okpabi: Supreme Court rules that Nigerian communities can sue Shell and its Nigerian subsidiary in England

Okpabi and others (Appellants) v Royal Dutch Shell Plc and another (Respondents) [2021] UKSC 3, 12 February 2021. The UK Supreme Court has ruled that the English courts have jurisdiction to hear a claim by over 40,000...more

The Business and Human Rights Review

As the world continues to battle against the Covid-19 pandemic, the resulting economic and social stress has brought many human rights issues to the fore, exacerbating systemic issues and generating new challenges. Yet the...more

Mining company not liable for unlawful acts of Sierra Leonean police

The Court of Appeal of England and Wales has upheld the High Court’s verdict in Kadie Kalma & ors v African Minerals Ltd & ors [2020] EWCA Civ 144. This is an important case for businesses exposed to human rights risks...more

African Minerals: Court of Appeal of England and Wales upholds finding that mining company is not liable for unlawful acts of...

The Court of Appeal of England and Wales has upheld the High Court’s verdict in Kadie Kalma & ors v African Minerals Ltd & ors [2020] EWCA Civ 144. This is an important case for businesses exposed to human rights risks...more

Injunctions against unknown persons’ protest activity: requirements clarified

In a judgment hailed as a victory by campaigners for human rights, the Court of Appeal confirmed that although injunctions are available to restrain unknown persons from illegal protest activities, this must be carefully...more

UK parent company liability to parties affected by operations of a UK or foreign subsidiary

The Court of Appeal confirmed that a UK parent company’s duty of care may, in certain circumstances, extend to employees of a subsidiary and it was arguable that such a duty could also be owed to third parties affected by a...more

Professional third-party litigation funder ordered to pay security for costs

The High Court ordered security for costs against a commercial litigation funder but declined to do so in respect of a third-party funder who was not involved in litigation funding as a business. The case is interesting for...more

Costs of third-party funding awarded in arbitration

The Commercial Court has stated that it is within an arbitral tribunal’s discretion to award to a claimant its costs of third-party funding, including the uplift payable by the claimant in the event of success. This decision...more

Effect Of Non-Exclusive English Jurisdiction Clause And Forum Non Conveniens Waiver On Application To Stay English Proceedings

Where a contract contains a non-exclusive English jurisdiction clause as well as a forum non conveniens waiver, a stay may nevertheless be granted if there are very strong or exceptional grounds, which were unforeseen and...more

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