Vedanta Resources PLC and Another (Appellants) v. Lungowe and Others (U.K. Sup. Ct.)

2019 ◽  
Vol 58 (5) ◽  
pp. 1114-1138
Author(s):  
Julianne Hughes-Jennett
Keyword(s):  
Supply Chain ◽  
Supreme Court ◽  
Parent Company ◽  
Duty Of Care

On April 10, 2019, the U.K. Supreme Court (UKSC) handed down judgment in the case of Vedanta Resources PLC and Another (Appellants) v. Lungowe and Others (Respondents). The case raises important issues regarding jurisdiction and the potential for a duty of care to be imposed on a parent company in respect of harm caused by its subsidiary. The UKSC has also made clear that a duty of care could be imposed in a nonequity relationship such as in relation to a company's supply chain.

Human Rights Litigation against Multinationals in Practice

2021 ◽  
pp. 58-84
Author(s):  
Daniel Leader
Keyword(s):  
Human Rights ◽  
Supply Chain ◽  
Supreme Court ◽  
Group Actions ◽  
Child Labour ◽  
Parent Company ◽  
Duty Of Care ◽  
Court Decisions ◽  
Ball Rolling ◽  
Forum Non Conveniens

Daniel Leader reviews multinational human rights cases that have developed English law on jurisdiction and parent company liability. He considers the first batch of parent company cases that started the ball rolling in the 1990s, leading to the establishment of the parent company duty of care principle in Chandler v. Cape. He explains the principles of the 2019 and 2021 Supreme Court decisions in Lungowe v. Vedanta and Opkabi v. Shell, and the first trial of a parent company case, where an international auditor was found in breached of its duty to act ethically. The key principles developed on jurisdiction and forum non conveniens are explained. He reviews security and human rights cases, including recent settlements against Gemfields and Kakuzi. He also reviews supply chain cases arising from shipbreaking and child labour on Malawian tobacco farms. Procedural and practical issues concerning discovery, group actions, witness anonymity, and funding and viability of cases are outlined.

scholarly journals R. v. Imperial Tobacco Ltd.: More Restrictions on Public Authority Tort Liability

2012 ◽  
Vol 50 (1) ◽  
pp. 157
Author(s):  
Lewis N. Klar, Q.C.
Keyword(s):  
Supreme Court ◽  
Public Authority ◽  
Duty Of Care ◽  
Supreme Court Of Canada ◽  
Upper Canada ◽  
Tort Liability ◽  
Public Authorities ◽  
The Supreme Court ◽  
Regulatory Functions

Since 2001, it has become very difficult for claimants to successfully sue public authorities for their negligent conduct, particularly in relation to their regulatory functions. This primarily has been due to the refined duty of care formula established by the Supreme Court of Canada in Cooper v. Hobart and Edwards v. Law Society of Upper Canada. As a result of their 2011 R. v. Imperial Tobacco Ltd. decision, the Supreme Court of Canada has restricted even further the ability of private claimants to successfully sue governments for their regulatory failures.

scholarly journals Methods of Optimizing the Supply Chain on the Example of a Selected Enterprise

2019 ◽  
Vol 1 (1) ◽  
pp. 607-615
Author(s):  
Piotr Kuryło ◽  
Joanna Cyganiuk ◽  
Adam Idzikowski ◽  
Dariusz Michalski ◽  
Anna Sobczyńska-Linke
Keyword(s):  
Supply Chain ◽  
Foreign Capital ◽  
Parent Company ◽  
Production Company ◽  
A Company ◽  
Direct Distribution

AbstractTo consider the optimization of the supply chain, a company operating in the cosmetics and hygiene industry was selected. It is a typical production company with foreign capital, working on entrusted material which entirely belongs to the parent company. The company management, purchasing and sales department are located at the parent company, the Polish branch is entrusted only with production and direct distribution of finished goods. The purpose of the work is to present the applied logistic solutions, characterize and analyse the existing supply chain and to propose actions to optimize currently used methods.

Dangerous liaisons: new developments in the law of defective premises

Legal Studies ◽  
1996 ◽  
Vol 16 (3) ◽  
pp. 387-416
Author(s):  
Carl F Stychin
Keyword(s):  
Supreme Court ◽  
Tort Law ◽  
Duty Of Care ◽  
New Developments ◽  
Current State ◽  
The Law ◽  
The Cost

In 1995, the highest courts in two Commonwealth jurisdictions - Canada and Australia - squarely faced the issue of the liability of builders of defective and, in the case of the Canadian Supreme Court, dangerous premises in tort.’ The determination in both cases that the builders were liable to the remote purchasers for the cost of repair, based on a duty of care owed to them, can be contrasted to the current state of tort law in this country dealing with defective and dangerous premises. In fact, the articulation of the reasons why a duty of care was imposed in these cases - as reflecting considerations both of principle and policy - provides a more compelling analysis than has been seen to date in the British law of negligence.

Die Haftung der Muttergesellschaft und ihres Vorstands für Menschenrechtsverletzungen im Konzern

2019 ◽  
Author(s):  
Sophie Nordhues
Keyword(s):  
Human Rights ◽  
Board Of Directors ◽  
Multinational Companies ◽  
Parent Company ◽  
Duty Of Care ◽  
Human Rights Violations ◽  
The Board Of Directors

Given the increasing number of human rights violations by multinational companies, the call for liability of western companies is growing louder and louder. The question whether such liability already exists de lege lata has so far been answered only fragmentarily. With her paper on the liability of multinational companies for human rights violations, the author fills this gap. The author not only investigates the liability of a parent company, but also examines whether compliance duties of the board of directors comprise a group-wide obligation to prevent human rights violations. While an explicit implementation of such duty of care has repeatedly been considered, but not yet realised, in Germany, the French legislator has already implemented an obligation to monitor compliance with human rights. Based on this act, the author examines how the liability of multinational companies could be structured de lege ferenda.

scholarly journals Prenatal Harm and the Duty of Care

2016 ◽  
Author(s):  
Erin L. Nelson
Keyword(s):  
Supreme Court ◽  
Duty Of Care ◽  
Wrongful Life ◽  
The Law ◽  
Court Of Appeal

In this article, the author explores the jurisprudence surrounding a contentious area of tortlaw: wrongful life claims. These claims focus on the situation in which the physician’snegligence lies in the failure to provide the child’s parents with the opportunity to preventthe birth of the child. Historically, courts have been unreceptive to wrongful life claims, andcurrent Canadian jurisprudence on this issue lacks clarity owing to inconsistent treatmentof these cases by the courts. The author exposes errors in reasoning in two cases decided bythe Ontario Court of Appeal, noting that these cases add to the incoherence of the legallandscape. She concludes with an appeal for Supreme Court authority or legislation toclarify the law.

Supply Chain Management for NGOs

2012 ◽  
pp. 330-347
Author(s):  
Sumeet Gupta ◽  
Sanjib Pal ◽  
Saket Ranjan Praveer
Keyword(s):  
Supply Chain ◽  
Supply Chain Management ◽  
Supreme Court ◽  
Management Practices ◽  
State Governments ◽  
Chain Management ◽  
Governmental Organization ◽  
For Profit ◽  
The Supreme Court ◽  
The Government

This chapter documents the supply chain management practices at The Akshaya Patra Foundation (TAPF), a not-for-profit organization, which began operations in June 2000 by feeding 1500 children in 5 schools in Bangalore (Massachusetts Medical Society, n.d.). On November 28, 2001 the Supreme Court of India passed an order which mandated that: “A cooked mid-day meal is to be provided in all the government and government-aided primary schools in all the states.” Akshaya Patra was called in to give testimonies to the Supreme Court in order to implement the mandate. With the partnership of the Government of India and various State Governments as well as the generosity of thousands of supporters, it has grown from a small endeavor to a mammoth force that stretches across the country. Now Akshaya Patra is the world’s largest Non-Governmental Organization, providing a free midday meal to 1.2 million underprivileged children in India (Akshaya Patra India, n.d.). It houses one of the finest technologies, and its kitchen operations are exemplary. The case specifically discusses its operations in Bhilai (Chhattisgarh State), India’s Steel City, where it provides free meals to around 31,768 children in about 156 schools around Bhilai.

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