UK Supreme Court clarifies issues on parent company liability in Lungowe v Vedanta

By Ruth Cowley (UK), Holly Stebbing, Stuart Neely (UK) & Maria Kennedy (UK)

April 16, 2019

Summary This landmark judgment from the UK Supreme Court means that the claim brought by 1,826 Zambian villagers against UK-based Vedanta and its Zambian subsidiary KCM can proceed to a trial of the substantive issues in the English courts. One of the issues that now falls to be examined is the controversial question of whether a parent company can be liable for the operations of its subsidiary, in the English courts. We set out below…

Financial services: Regulation tomorrow

SFO to hit back on privilege in new cooperation guidance

By Ruth Cowley (UK), Pamela Reddy (UK), Neil O’May (UK) & Andrew Reeves (UK)

April 8, 2019

In a speech earlier this week Lisa Osofsky announced that the SFO will shortly publish guidance on its expectations in relation to self-reporting and cooperation. The speech suggested that waiver of privilege over internal investigations material will be seen by the SFO as a strong indicator of, if not a precondition to, cooperation for the purposes of the SFO initiating DPA negotiations: “….companies can waive that privilege if they wish to cooperate… I will soon be…

Financial services: Regulation tomorrow

UK Government confirms that public beneficial ownership registers will be established in the British Overseas Territories by 2023

By Ruth Cowley (UK), Maria Kennedy (UK) & Lorenza Cocco (UK)

February 11, 2019

On 28 January 2019, the UK Government (the Government) explained the timetable to the new 2023 deadline for the creation of public beneficial ownership registers in the British Overseas Territories (BOTs). The Government has explained that draft legislation will be prepared by the end of 2020, as required by the Sanctions and Anti-Money Laundering Act 2018 and the BOTs will be expected to have public registers in place by the end of 2023, in line…

Financial services: Regulation tomorrow

SFO confirms that it will not appeal decision on privilege in internal investigations

By Ruth Cowley (UK), Neil O’May (UK) & Andrew Reeves (UK)

October 4, 2018

The SFO has this week confirmed that it will not appeal the Court of Appeal’s recent decision addressing, in particular, fundamental issues as to the ambit of litigation privilege in investigations (ENRC v SFO [2018] EWCA Civ 2006). A more detailed summary of the case and its practical implications is available here. The decision of the SFO not to appeal the decision means that English law will be left with a narrow concept of…

Financial services: Regulation tomorrow

New briefing note on Lungowe v Vedanta

By Ruth Cowley (UK) & Stuart Neely (UK)

November 9, 2017

A new briefing note concerning the case of Lungowe v Vedanta appeal highlighting important points regarding parent company liability is now available. To access the briefing note please click here. …

Ruth Cowley (UK)

UK Supreme Court clarifies issues on parent company liability in Lungowe v Vedanta

SFO to hit back on privilege in new cooperation guidance

UK Government confirms that public beneficial ownership registers will be established in the British Overseas Territories by 2023

SFO confirms that it will not appeal decision on privilege in internal investigations

New briefing note on Lungowe v Vedanta

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