header-logo header-logo

08 November 2018 / Nicole Finlayson , Charlotte Hill
Issue: 7816 / Categories: Features , Commercial
printer mail-detail

Who’s liable?

Two out of three: the Court of Appeal rules in favour of a multinational parent company…again. Nicole Finlayson & Charlotte Hill report

The Court of Appeal has recently ruled for the second time—in AAA & others v Unilever Plc and Unilever Tea Kenya Limited [2018] EWCA Civ 1532 that an English multinational parent company cannot be held liable for acts of its foreign-registered subsidiary.

This is the third judgment handed down in the past 12 months on this subject, with two out of the three sets of claimants failing to convince the Court of Appeal either that a duty of care should be imposed on the parent company, or that (consequently) the English courts should have jurisdiction. In each case ( Lungowe v Vedanta Resources Plc [2017] EWCA Civ 1528 ; Okpabi v Royal Dutch Shell Plc [2018] EWCA Civ 191; and now Unilever ), the Court of Appeal carried out a detailed examination of the factual evidence including, critically, the degree of control that the parent company had over the acts and omissions of its

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll