ABSTRACT

This chapter examines developments in tort law over the last ten years. The claims in the English High Court against the UK parent company were all based on its domicile in the jurisdiction, on the basis that under Art. 4 of the Brussels Judgments Regulation 2012 the English court had mandatory jurisdiction. A novel type of tort claim that has emerged in the last few years is that against an energy major in respect of the harm caused in respect of carbon emissions emanating from not only its own direct emissions but also upstream indirect emissions from its energy suppliers, and downstream indirect emissions from end-users of its products. The two “anchor defendant” decisions of the Supreme Court in Vedanta and Okpabi have given parent companies plenty to think about with respect to potential liabilities in respect of the operations of their subsidiaries.