Okpabi and Others v Royal Dutch Shell plc and Another [2021] UKSC 3

Abstract

The Supreme Court’s recent decision in Okpabi and Others v Royal Dutch Shell plc and Another [2021] UKSC 3 follows a similar trajectory to its predecessors, Chandler v Cape plc [2012] EWCA Civ 525 and Vedanta Resources plc and Another v Lungowe and Others [2019] UKSC. In this short note, we explore the judgment in Okpabi and the implications of increased parent liability for subsidiaries’ actions. This decision removes procedural barriers for claimants particularly around jurisdiction and civil procedure. Specifically, we reflect on the potential that this judgment has for greater access to remedy for those who have suffered a negative human rights impact because of business activities.