We previously blogged about Cavanagh J’s refusal to impose a costs capping order in Thomas & Ors v PGI Group Ltd [2021] EWHC 2776 (QB). That decision has now been endorsed by Coulson LJ, who refused permission to appeal in a recent decision available here. Kate Boakes is one of the counsel team representing the Claimants.
Read moreVedanta: GLO imposed
Readers of this blog will recall the Claimants’ victory on jurisdiction in the Nchanga Copper Mine Group Litigation early last year in Vedanta Resources PLC & Anor v Lungowe & Ors [2019] UKSC 20. The case is now back in the High Court. Fraser J’s decision published today in Lungowe v Vedanta Resources Plc &…
Read moreStrike out hearing in oil spill representative action
In a previous post on Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 459 (TCC), a case concerning an oil spill off the coast of Nigeria, we noted that, unusually, the litigation had been brought as a representative action under CPR Part 19. This was commented on by the judge, who…
Read moreA new source of civil law rights in claims against multinationals?
In Nevsun Resources Ltd. v. Araya, 2020 SCC 5, the Supreme Court of Canada held that peremptory norms of international law could in principle be enforced against a corporate entity in a civil claim for damages. The decision – which can properly be described as groundbreaking – is well worth reading in full. Max Archer…
Read moreVedanta applied in Nigerian oil spill case
There are some interesting points in the recent decision of Stuart-Smith J in Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 459 (TCC). This is a claim relating to an oil spill in 2011 on behalf of a very large number of individuals (in excess of 27,500) who live by or…
Read moreCourt of Appeal: Sierra Leonean mining company not liable for actions of local police force
In this blog, Christopher Fleming of 12 King’s Bench Walk considers the recent decision in Kalma & Ors v African Minerals Ltd & Ors [2020] EWCA Civ 144. The Court of Appeal dismissed an appeal by the claimants, inhabitants of a mining town in Sierra Leone, against the dismissal of their claims against the owners…
Read morePermission to Appeal refused in Kenya Emergency Group Litigation
On Tuesday the Court of Appeal refused permission to appeal the decision of Stewart J in the first judgment on the merits in the Kenya Emergency Group Litigation (Kimathi and Others v Foreign & Commonwealth Office [2018] EWHC 2066 (QB)). We wrote about the earlier decision here. The permission to appeal decision is available on…
Read moreFirst Judgment on the Merits in the Kenya Emergency Group Litigation (TC34)
An interesting aspect of Kimathi and Others v Foreign & Commonwealth Office [2018] EWHC 2066 (QB) is how thoroughly it confirms that the past is a foreign country. Britain’s past comprises many foreign countries, once part of its Empire. The Kimathi litigation (also known as the ‘Mau Mau litigation’, after the Mau Mau rebellion that…
Read moreAAA & ORS v (1) UNILEVER PLC (2) UNILEVER TEA KENYA LTD (2018) [2018] EWCA Civ 1532: the corporate veil remains a tightly woven garment
This blog is by Lois Aldred of 12 King’s Bench Walk. The Court of Appeal recently handed down its judgment in AAA & Others v Unilever PLC and Unilever Tea Kenya Limited. This is the latest in a series of Court of Appeal considerations of the extent of corporate liability of parent companies for acts or…
Read moreQuantifying 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.
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