Introduction. Tort Law Climate Litigation The recent decision by The Hague Court of Appeal on 12 November 2024 in the case Milieudefensie vs. Shell was eagerly awaited in both legal academia and the oil and gas industry. It overturns the path-breaking initial 2021 judgment, in which the Shell group was ordered to reduce its aggregate … Read more
In Alame & Ors v Shell PLC & Anor [2024] EWCA Civ 1500 Stuart-Smith LJ delivered the unanimous judgment on the appeal against a range of procedural issues which I have previously discussed here. Judgments appealed are [2024] EWHC 510 (KB) and [2023] EWHC 2961 (KB) The Rome II evidence and procedure issue which I … Read more
By Greg Care I’ve written before about the risks residents and fellows take by not utilizing the internal “due process” or appeal mechanisms available to them when facing discipline or even remediation. Court decisions have taught time and again that forgoing an internal appeal in favor of proceeding directly to court can result in a … Read more
I reported on the jurisdictional issues in the Brasilian orange juice cartel before. In Viegas & Ors v Estate of Jose Luis Cutrale & Anor [2024] EWCA Civ 1122 the Court of Appeal has now held on a claim amendment issue viz the continuing claim against some of the defendants (the claim against others having … Read more
I know I have Tweeted that I would add my tuppence on the Court of Appeal at The Hague on Wednesday reversing (English translation of the Court of Appeal here) the first instance judgment in Milieudefensie v Shell. That judgment had imposed CO2 reduction emissions targets on Shell. (In my post on the first instance … Read more
