The Weekly Law Reports
[2021] 1 WLR 1294
Supreme Court
*HRH Emere Godwin Bebe Okpabi and others v Royal Dutch Shell plc and another (International Commission of Jurists and others intervening)
[2021] UKSC 3
2020 June 23; 2021 Feb 12
Lord Hodge DPSC, Lord Briggs, Lord Hamblen JJSC, Lady Black
Practice— Claim form— Service out of jurisdiction— Oil operations conducted by Nigerian subsidiary company allegedly causing environmental damage in Nigeria— Claimants commencing proceedings in English court against UK parent company and subsidiary— Permission to serve subsidiary out of jurisdiction dependent on claim against parent having real prospect of success— Proper approach to determining issue—
CPR
Pt 6, PD 6B, para 3.1(3)
Practice— Pleadings— Particulars of claim— New evidence emerging during course of interlocutory proceedings— Need to update pleadings so that particulars of claim continue to reflect true nature of claim
Negligence— Duty of care— Company— Claimant alleging parent company assumed responsibility for subsidiary’s operations and liable for its activities— Factors relevant to determining whether parent having duty of care