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Establishing jurisdiction for claims in tort—when is a parent company liable for its subsidiary? (Okpabi v Royal Dutch Shell)

Establishing jurisdiction for claims in tort—when is a parent company liable for its subsidiary? (Okpabi v Royal Dutch Shell)
Published on: 15 February 2021
Published by: LexisPSL
  • Establishing jurisdiction for claims in tort—when is a parent company liable for its subsidiary? (Okpabi v Royal Dutch Shell)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: The Supreme Court has allowed an appeal concerning the court’s jurisdiction in respect of a claim brought against a UK domiciled parent company in tort for the acts/omissions of a non-UK domiciled subsidiary. The case contains invaluable guidance from the highest court on two key issues: (1) how a judge ought to approach the question of whether there a real issue to be tried in cases where jurisdiction of the courts of England and Wales is challenged; and (2) what test is to be applied to answer the question of whether a claimant has a real prospect of success when the claimant seeks to hold a parent company liable for the acts/omissions of its subsidiary. Written by Christopher Snell, barrister at New Square Chambers. or take a trial to read the full analysis.

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