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

Gunn & others v Diaz & others [2017] EWHC 157 (QB) – service out of the jurisdiction

This blog is by Patrick Vincent of 12 King’s Bench Walk

This was a decision of Mrs Justice Andrews in a catastrophic personal injury claim.The point decided was whether to accede to one of the Defendants’ applications to set aside an order permitting service upon it out of the jurisdiction.

Superficially the point is a short one, but the detailed judgment deals with several important issues of law and procedure relevant to international claims, and particularly international person injury claims, including:-

  • The duties on a party making a without notice application to serve out of the jurisdiction, or to extend time for service.
  • The availability of the jurisdictional “gateways” set out in the Practice Direction 6BPD3.
  • The proper characterisation of claims brought against foreign insurers.

Continue reading Gunn & others v Diaz & others [2017] EWHC 157 (QB) – service out of the jurisdiction

PHP v Tobacco Carib Sarl v BAT Caribbean SA [2016] EWHC 3377 (Comm): Brussels Recast & third party claims

This blog is by Max Archer of 12 King’s Bench Walk.

 

The claimant in this case was French company engaged in importing tobacco products to Guadeloupe and Martinique. The defendant was Panamanian company within the wider BAT corporate group.

The claimant had a five-year distribution agreement with the defendant. The agreement provided for English law and exclusive jurisdiction. This agreement came to an end without any further agreement to renew it.

The claimant commenced English proceedings in pursuit of what it claimed was a ‘margin pay-out’ of €6.5 million. It was claimed that it was entitled to this pay-out pursuant to the agreement as a result of the failure to renew. The defendant denied any entitlement to a pay-out and counterclaimed for numerous unpaid invoices and for €8.5 million of VAT recovered from the French VAT authorities. The Defendant argued that it was to be paid these VAT monies pursuant to an oral agreement.

The claimant denied these allegations and alleged that there was no enforceable agreement. The claimant argued that the agreement in respect of the VAT monies did not lie with itself but with the other group companies (the proposed third and fourth defendants). These companies had been subcontracted to carry out distribution in the relevant territories and had recovered the VAT monies themselves. Continue reading PHP v Tobacco Carib Sarl v BAT Caribbean SA [2016] EWHC 3377 (Comm): Brussels Recast & third party claims

Pickard v Marshall, the MIB and others [2017] EWCA Civ 17 – Rome II and manifestly closer connections

The blog is by David Green of 12 King’s Bench Walk.

Cranston J refused permission to appeal against Dingemans J’s judgment in Marshall v the MIB, Pickard and others [2015] EWHC 3421 (QB) on an important point of construction of Article 4 of the Rome II Regulations. Continue reading Pickard v Marshall, the MIB and others [2017] EWCA Civ 17 – Rome II and manifestly closer connections

Wood & Anor v TUI Travel PLC T/A First Choice [2017] EWCA Civ 11 – Package Travel, Food Poisoning, SGSA 1982

This blog post is by James Beeton of 12 King’s Bench Walk.

This important package travel case represents a significant coup for claimants in the context of food poisoning cases. Although the package travel industry will be disappointed by the court’s decision, some comments in the judgment may suggest the imposition of a more demanding approach to establishing causation on the evidence. An earlier blog post considered in detail the arguments heard by the Court of Appeal; this post will consider the court’s judgment, handed down earlier today. Continue reading Wood & Anor v TUI Travel PLC T/A First Choice [2017] EWCA Civ 11 – Package Travel, Food Poisoning, SGSA 1982

Elkamet Kunststofftechnik GmbH v Saint-Gobain Glass France SA – costs, exchange rates

This blog post is by James Beeton of 12 King’s Bench Walk.

This case concerned a short but important point in relation to the summary assessment of costs in the aftermath of the Brexit vote in June 2016 – namely, the impact of the dramatic decline in the exchange rate between the pound and the euro since the issue of proceedings. Continue reading Elkamet Kunststofftechnik GmbH v Saint-Gobain Glass France SA – costs, exchange rates

KXL (1) NXR (2) MXD (3) v Nicholas Murphy (1) The Society of Missionaries of Africa (“The White Fathers”) (2) [2016] EWHC 3102 (QB) – Applicable law and foreign limitation periods

This case concerned allegations of historic sexual abuse against three claimants who at the time of the alleged abuse were children living in Uganda. The preliminary issue before the court was a matter of applicable law: whether the Ugandan limitation period applied so that the claim was statue barred. Continue reading KXL (1) NXR (2) MXD (3) v Nicholas Murphy (1) The Society of Missionaries of Africa (“The White Fathers”) (2) [2016] EWHC 3102 (QB) – Applicable law and foreign limitation periods