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Private international law and substantive liability issues in tort litigation against multinational companies in the English courts: recent UK Supreme Court decisions and post-Brexit implications

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Private international law and substantive liability issues in tort litigation against multinational companies in the English courts : recent UK Supreme Court decisions and post-Brexit implications. / Ahmed, Mukarrum.

In: Journal of Private International Law, Vol. 18, No. 1, 30.06.2022, p. 56-82.

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@article{f5a5fe64cfee42dbb547f09dcf649c3a,
title = "Private international law and substantive liability issues in tort litigation against multinational companies in the English courts: recent UK Supreme Court decisions and post-Brexit implications",
abstract = "This article examines the private international law and substantive liability issues in tort claims against UK based parent companies for the actions of their foreign subsidiaries. Arguments drawn from private international law{\textquoteright}s largely untapped global governance function inform the analysis and the methodological pluralism manifested in the jurisdictional and choice of law solutions proposed. The direct imposition of duty of care on parent companies for torts committed by foreign subsidiaries is examined as an exception to the bedrock company law principles of separate legal personality and limited liability. In this regard, the UK Supreme Court{\textquoteright}s recent landmark decisions in Vedanta v Lungowe and Okpabi v Shell have granted jurisdiction and allowed such claims to proceed on the merits in the English courts. This article assesses these decisions and their significance for transnational corporate accountability. The post-Brexit private international law regime and its implications for the viability of tort claims against parent companies are examined.",
keywords = "Private international law, jurisdiction, choice of law, tort, liability, multinational company, parent company, Vedanta v Lungowe, Okpabi v Shell, Brexit",
author = "Mukarrum Ahmed",
year = "2022",
month = jun,
day = "30",
doi = "10.1080/17441048.2022.2051860",
language = "English",
volume = "18",
pages = "56--82",
journal = "Journal of Private International Law",
issn = "1744-1048",
publisher = "Taylor and Francis Ltd.",
number = "1",

}

RIS

TY - JOUR

T1 - Private international law and substantive liability issues in tort litigation against multinational companies in the English courts

T2 - recent UK Supreme Court decisions and post-Brexit implications

AU - Ahmed, Mukarrum

PY - 2022/6/30

Y1 - 2022/6/30

N2 - This article examines the private international law and substantive liability issues in tort claims against UK based parent companies for the actions of their foreign subsidiaries. Arguments drawn from private international law’s largely untapped global governance function inform the analysis and the methodological pluralism manifested in the jurisdictional and choice of law solutions proposed. The direct imposition of duty of care on parent companies for torts committed by foreign subsidiaries is examined as an exception to the bedrock company law principles of separate legal personality and limited liability. In this regard, the UK Supreme Court’s recent landmark decisions in Vedanta v Lungowe and Okpabi v Shell have granted jurisdiction and allowed such claims to proceed on the merits in the English courts. This article assesses these decisions and their significance for transnational corporate accountability. The post-Brexit private international law regime and its implications for the viability of tort claims against parent companies are examined.

AB - This article examines the private international law and substantive liability issues in tort claims against UK based parent companies for the actions of their foreign subsidiaries. Arguments drawn from private international law’s largely untapped global governance function inform the analysis and the methodological pluralism manifested in the jurisdictional and choice of law solutions proposed. The direct imposition of duty of care on parent companies for torts committed by foreign subsidiaries is examined as an exception to the bedrock company law principles of separate legal personality and limited liability. In this regard, the UK Supreme Court’s recent landmark decisions in Vedanta v Lungowe and Okpabi v Shell have granted jurisdiction and allowed such claims to proceed on the merits in the English courts. This article assesses these decisions and their significance for transnational corporate accountability. The post-Brexit private international law regime and its implications for the viability of tort claims against parent companies are examined.

KW - Private international law

KW - jurisdiction

KW - choice of law

KW - tort

KW - liability

KW - multinational company

KW - parent company

KW - Vedanta v Lungowe

KW - Okpabi v Shell

KW - Brexit

U2 - 10.1080/17441048.2022.2051860

DO - 10.1080/17441048.2022.2051860

M3 - Journal article

VL - 18

SP - 56

EP - 82

JO - Journal of Private International Law

JF - Journal of Private International Law

SN - 1744-1048

IS - 1

ER -