Energy directors must ask questions of their subsidiaries
“The child gold-diggers”. That was the title of a recent Sunday Times feature, which tracked illegally mined gold from the child miners of Ghana to the “clean” gold markets of Europe, via the Dubai gold souk. by By Lynne Gregory, Senior Associate, and Eleanor Davies, Associate, at law firm Baker & Partners 23/12/2020, 6:00 am
The UK Supreme Court
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EXECUTIVE SUMMARY
On 11 December 2020, the UK Supreme Court handed down its highly
anticipated judgment in the case of
Mastercard v Merricks. The case concerned the
certification procedure for US-style ‘opt-out
collective (class action) proceedings before the UK Competition
Appeal Tribunal (the “
CAT”). Opt-out
actions automatically treat anyone who falls within the scope of
the proposed class definition as being a member of the class unless
they explicitly opt-out or withdraw. Opt-in actions, as the name
suggests, require potential claimants to expressly sign up to be a
member of the class.
The claim against Mastercard was brought by Mr Merricks as a
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“The child gold-diggers”. That was the title of a recent Sunday Times feature, which tracked illegally mined gold from the child miners of Ghana to the “clean” gold markets of Europe, via the Dubai gold souk.
Lynne Gregory
A couple of weeks later, The Guardian reported that UK legal proceedings had been launched off the back of its investigation into the use of child and forced labour by suppliers of British American Tobacco and Imperial Brands in Malawi.
Both were equally shocking. Both highlight the increasing international focus on supply chains and the actions of multinationals.
The energy industry is particularly vulnerable to allegations of malfeasance arising out of supply chains, as well as liability for corruption, bribery and environmental offences. The distance between the holding company and its operational subsidiaries and joint ventures, often operating in developing jurisdictions, can make ensuring proper corporate governance lower down the chain difficu
The Top Five European Patent Developments of 2020 ipwatchdog.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from ipwatchdog.com Daily Mail and Mail on Sunday newspapers.
In the case of Mastercard v Merricks, the UK Supreme Court confirmed the Certification Test for UK class actions brought in respect of breaches of competition law.
EXECUTIVE SUMMARY
On 11 December 2020, the UK Supreme Court handed down its highly anticipated judgment in the case of
Mastercard v Merricks. The case concerned the certification procedure for US-style ‘opt-out’ collective (class action) proceedings before the UK Competition Appeal Tribunal (the “
CAT”). Opt-out actions automatically treat anyone who falls within the scope of the proposed class definition as being a member of the class unless they explicitly opt-out or withdraw. Opt-in actions, as the name suggests, require potential claimants to expressly sign up to be a member of the class.