Alame v Shell. The Court of Appeal reverses procedural orders on ‘global claims’ and lead cases viz causation, which would effectively have torpedoed claims viz ubiquitous pollution. – Go Health Pro

Alame v Shell. The Court of Appeal reverses procedural orders on ‘global claims’ and lead cases viz causation, which would effectively have torpedoed claims viz ubiquitous pollution. – Go Health Pro

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

The Luxembourg Court’s post-COVID jurisprudence on procedural rights – a new layer of obligations for Finland during future crises? – EJIL: Talk! – Go Health Pro

The Luxembourg Court’s post-COVID jurisprudence on procedural rights – a new layer of obligations for Finland during future crises? – EJIL: Talk! – Go Health Pro

Within the legal context of the European Union, the group of so-called due process – or procedural – rights are safeguarded by Title VI (‘Justice’) of the Charter of Fundamental Rights of the European Union (CFREU). These provisions capture the right to an effective remedy and to a fair trial (Article 47), the presumption of innocence and right of defence (Article 48), principles of legality and proportionality of criminal offences and penalties (Article 49), as well as the right not to be tried or punished twice in criminal proceedings for the same criminal offence (Article 50). Not only are these procedural rights important for the proper functioning of the European Union’s internal market and of the EU’s Area of Freedom, Security and Justice (AFSJ), but they also create effective safeguards for the enforcement of all other substantive rights captured by the CFREU.

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