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01 March 2024 / Angus Nurse
Issue: 8061 / Categories: Features , International , Environment , Collective action , Jurisdiction
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Corporate environmental crime: holding oil companies to account

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Angus Nurse sets out the legal routes for remedying corporate environmental harm
  • Refers to the Bille and Ogale group litigation, and other cases relating to Shell’s activities in the Niger Delta.
  • Due to the challenges of litigation in Global South countries, action targeted at Global North corporate headquarters is emerging as an alternative tactic.
  • Our notion of environmental harm needs to move beyond thinking solely of actual crimes and should consider human rights abuses, expanding our ideas of how a duty of care should be applied and considering the harm caused to present and future generations.
  • Class actions and group litigation that show how thousands of people may be affected by corporate environmental harms may be more meaningful than criminal prosecution.

While many corporations embrace the concepts of social and environmental responsibility, some claim to do so while at the same time causing considerable environmental damage.

The activities of multinational oil companies in sub-Saharan Africa have been damaging both for the environment and for those communities directly and indirectly

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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