Find a Barrister

Find an Arbitrator

Generic selectors
Exact matches only
Search in title
Search in content
Search in posts
Search in pages
people

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

10/04/2019

Will the anchor hold?

If the UK crashes out of the EU, Brussels I Recast (Reg 1215/2012) will cease to apply. This may be good reason to rush to issue proceedings to anchor a claim in England using the domicile provision of Article 4 of Brussels I Recast and then bring in non-EU parties through PD6B’s “necessary or proper party” gateway.

The Supreme Court’s decision today in Vedanta Resources PLC v Lungowe [2019] UKSC 20 is important reading for anyone considering that course of action. It also shows defendants a way to resist this strategy to found jurisdiction.

In fact, the Claimants in the Vedanta case did succeed in using Vedanta to anchor proceedings against its Zambian subsidiary (KCM) even though those proceedings involved numerous Zambian claimants seeking damages for personal injury and related claims due to ground water pollution in Zambia. The strategy only worked, however, because the difficulties in funding and running litigation of this sort in Zambia led the Supreme Court to conclude there would not have been “access to justice” in Zambia for this claim.

Had the “access to justice” issue not been present, the Court would not have granted permission to serve KCM outside of the jurisdiction on the basis that England was not the “proper place” (the “forum conveniens”) for that claim. This is because Vedanta had offered to submit to the Zambian courts’ jurisdiction and so there was no automatic risk of irreconcilable judgments – the Claimants could choose to sue Vedanta and KCL together in Zambia.

Although it relates to mass tort and pollution litigation, the judgment is essential reading for anyone involved in multinational litigation and particularly in mass claims also common in the competition law sphere.

Relevant members
Josephine Davies
Share