HRH Emere Godwin Bebe Okpabi v Royal Dutch Shell plc

Subject Matter

NEGLIGENCE — Duty of care — Company — Oil operations conducted by Nigerian subsidiary company allegedly causing environmental damage in Nigeria— Claimants contending English parent company owing them common law duty of care for subsidiary’s acts and omissions— Factors tending to indicate existence of duty of care— Whether duty of care in fact owed— Whether connection between subsidiary and England on which to found court’s jurisdiction— CPR Pt 6, Practice Direction 6B, para 3.1(3)

[2017] EWHC 89 (TCC); [2017] Bus LR 1335; [2017] WLR (D) 52, QBD

NEGLIGENCE — Duty of care — Company — Oil operations conducted by Nigerian subsidiary company allegedly causing environmental damage in Nigeria — Claimants contending English parent company owing them common law duty of care for subsidiary’s acts and omissions — Whether duty of care in fact owed — Whether connection between subsidiary and England on which to found court’s jurisdiction

[2018] EWCA Civ 191; [2018] Bus LR 1022; [2018] WLR(D) 92, CA

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)

[2021] UKSC 3; [2021] 1 WLR 1294; [2021] Bus LR 332; [2021] 3 All ER 191; [2021] 2 All ER (Comm) 465; [2021] 2 BCLC 1; [2021] WLR(D) 93, SC(E)

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

[2021] UKSC 3; [2021] 1 WLR 1294; [2021] Bus LR 332; [2021] 3 All ER 191; [2021] 2 All ER (Comm) 465; [2021] 2 BCLC 1; [2021] WLR(D) 93, SC(E)

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

[2021] UKSC 3; [2021] 1 WLR 1294; [2021] Bus LR 332; [2021] 3 All ER 191; [2021] 2 All ER (Comm) 465; [2021] 2 BCLC 1; [2021] WLR(D) 93, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 Case comment

RPC Perspectives
Supreme Court: When may a UK domiciled parent company owe a duty of care to individuals affected by the acts of its foreign subsidiary? Case comment

UK Supreme Court Blog
Case Comment: Okpabi and others v Royal Dutch Shell Plc and another [2021] UKSC 3 Case comment

Blackstones Civil Practice 2023
Jurisdiction under the Common Law Rules - Grounds for granting permission - Necessary or proper party (PD 6B, para. 3.1(3) and (4)) 16.45