Okpabi and others v Royal Dutch Shell Plc and another [2021] UKSC 3

Samantha Hopkins, Ciarán O'Kelly, Ciara Hackett, Clare Patton

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Abstract

The Supreme Court’s recent decision in Okpabi and Others v Royal Dutch Shell plc and Another [2021] UKSC 3 follows a similar trajectory to its predecessors, Chandler v Cape plc [2012] EWCA Civ 525 and Vedanta Resources plc and Another v Lungowe and Others [2019] UKSC. In this short note, we explore the judgment in Okpabi and the implications of increased parent liability for subsidiaries’ actions. This decision removes procedural barriers for claimants particularly around jurisdiction and civil procedure. Specifically, we reflect on the potential that this judgment has for greater access to remedy for those who have suffered a negative human rights impact because of business activities.
Original languageEnglish
Pages (from-to)148-158
Number of pages10
JournalNorthern Ireland Legal Quarterly
Volume72
Issue number1
DOIs
Publication statusPublished - 01 Jul 2021

Keywords

  • Okpabi
  • Company Law
  • Corporate Groups
  • Parent/Subsidiary Liability
  • Business and Human Rights
  • Access to Remedy

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