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England and Wales decisions
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Da Silva & Ors v Brazil Iron Ltd & Anor [2025] EWHC 606 (KB) (14 March 2025)
The High Court refused a forum challenge over Brazilian environmental claims, holding that Brazil was the proper forum but that substantial justice there was at real risk.
Limbu & Ors v Dyson Technology Ltd & Ors [2024] EWCA Civ 1564 (13 December 2024)
The Court of Appeal held that England, not Malaysia, was the appropriate forum for migrant workers’ claims against Dyson companies and set aside the stay.
The Court of Appeal held that England was the clearly appropriate forum for migrant workers’ claims against Dyson companies, and allowed the appeal.
The case must proceed as an 'all-or-nothing' global claim due to the lack of pleaded detail on causation, precluding selection of lead cases. Disclosure is ordered only for documents relevant to the '3Cs' (contamination, consequences, causes) in the Bille area 2011-2013, not for the purpose of enabling Claimants to identify events or build a new case. Informational asymmetry alone does not justify broad disclosure; relevance and proportionality to the pleaded case are determinative.
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The Court found that none of the defendants engaged in anti-competitive collusion or concerted practices in breach of competition law; all decisions to withdraw from Phones 4U were taken independently and were commercially rational in the context of market developments, particularly the Dixons/CPW merger. The evidence did not support any unlawful exchange of confidential information or commitments between the MNOs. EE did not breach its contract with Phones 4U, as its decision not to renew was taken in accordance with its commercial interests and not in bad faith. Parent company liability and…
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The High Court consolidated four mesothelioma claims against Cape companies, finding substantial overlap, risk of inconsistent findings, and cost savings.
Wormleighton v Cape Intermediate Holdings Ltd [2024] EWHC 1971 (KB) (29 July 2024)
The High Court consolidated four mesothelioma claims against Cape companies, ordering a joint liability trial in January 2025 and leaving quantum to be decided separately.
Alame & Ors v Shell PLC & Anor (Re Billie and Ogale Group Litigation) [2024] EWHC 510 (KB) (08 March 2024)
The High Court gave disclosure directions in the Bille and Ogale group litigation, treating the case as an all-or-nothing claim for now and limiting disclosure to the pleaded 3Cs.
The High Court held that a Colombian limitation rule did not bar this English group litigation claim and that pleaded principles of Colombian law did not preclude parent company liability.
The Supreme Court held that the Court of Appeal had wrongly conducted a mini-trial on jurisdiction. The appellants had a real issue to try on RDS’s alleged duty of care.
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