Earlier this year, the England and Wales Court of Appeal issued its much-anticipated ruling in Okpabi et al. versus Royal Dutch Shell et al. The judgment addresses important questions in relation to a parent company’s liability for damage caused by its subsidiaries.
A previous blog post ‘Parent Companies Are Not Parents, Subsidiaries Are Not Children’, argued that the Court of Appeal has given a strong signal that England will not lead the way in opening up new avenues to get into the ‘deep pockets’ of parent companies to address harms caused by their subsidiaries around the world.
Building on the blog post, a recent article in the European Company Law Journal presents a further analysis of the case and discusses the implications of the ruling for companies and regulators in the future.