Category Archives: Group Actions

Quantifying damages for human rights abuses by the MoD in Iraq (1) Alseran (2) Al-Waheed (3) MRE (4) KSU v Ministry of Defence [2017] EWHC 3289 (QB): aka Iraqi Civilian Litigation

This interesting blog post by Helen Waller a pupil barrister at 12 King’s Bench Walk considers in depth the legal analysis in the Iraqi Civilian Litigation. Continue reading Quantifying damages for human rights abuses by the MoD in Iraq (1) Alseran (2) Al-Waheed (3) MRE (4) KSU v Ministry of Defence [2017] EWHC 3289 (QB): aka Iraqi Civilian Litigation

Lungowe & Ors v Vedanta Resources Plc v Konkola Copper Mines Plc [2017] EWCA Civ 1528: Anchoring defendants, and suing the parent for the sins of their subsidiaries

This blog is by John-Paul Swoboda of 12 King’s Bench Walk.

Chandler v Cape [2012] EWCA Civ 525 was described in the Economist as “A little-noticed court case with big implications”[1]. That was because it was the first time a parent company had successfully been sued for, as the Economist put it, the sins of their subsidiary. The prediction that there would be big implications appears, with the Lungowe case, to be coming to pass. The Lungowe case concerns 1,800 claimants, all of them Zambians alleging personal injury and property damage in Zambia whilst in the employment of a Zambian company (‘KCM’) due to an alleged toxic discharge from KCM’s mine into the water table. In other words, the Lungowe case concerns the export of huge group litigation, from a country with little access to justice, to the English Courts. The export of this group litigation was made possible, in this author’s opinion, by the Court of Appeal’s decision in Chandler and the European Court of Justice’s decision in Owusu v Jackson (Case C-281/02) [2005] QB 801 which allows claimants to anchor jurisdiction in English courts where one of the proposed defendants is domiciled in England. In this case the first defendant or ‘Vedanta’ was the anchoring defendant and the parent company of KCM. Continue reading Lungowe & Ors v Vedanta Resources Plc v Konkola Copper Mines Plc [2017] EWCA Civ 1528: Anchoring defendants, and suing the parent for the sins of their subsidiaries

AAA and others v Unilever Plc and Unilever Tea Kenya Ltd [2017] EWHC 371 (QB); international personal injury & justiciability

In this post, Philip Mead of 12 King’s Bench Walk considers the third decision in a series of African cases where complex group action personal injury claims have been sought to be litigated in the English Courts, following Lungowe v Vedanta Resources Plc [2016] EWHC 975 (TCC) (heard by Coulson J) and Okpabi v Royal Dutch Shell [2017] EWHC 89 (TCC) (heard by Fraser J). Continue reading AAA and others v Unilever Plc and Unilever Tea Kenya Ltd [2017] EWHC 371 (QB); international personal injury & justiciability

His Royal Highness Okpabi v Royal Dutch Shell Plc, Lucky Alame v Royal Dutch Shell Plc [2017] EWHC 89 (TCC); Jurisdiction and international environmental group actions

This post is by Aliyah Akram of 12 King’s Bench Walk. 

The case involved 42,500 residents of the Niger Delta, from two different communities, who sought to bring a claim in the High Court for damages arising from environmental pollution caused by, they alleged, oil spills from the Defendants’ pipelines.

The claim was brought against two defendants.  Shell Petroleum Development Company of Nigeria (“SPDC”), the Shell company responsible for the oil operations and Royal Dutch Shell (“RDS”) its ultimate parent company.   Continue reading His Royal Highness Okpabi v Royal Dutch Shell Plc, Lucky Alame v Royal Dutch Shell Plc [2017] EWHC 89 (TCC); Jurisdiction and international environmental group actions