Through an analysis of the English court's rulings in recent environmental claims brought against Shell Plc (Okpabi and Others v Royal Dutch Shell plc UKSC 2021 3; and ClientEarth v Shell plc and Others [2023] EWHC 1897 (Ch)), and the BHP litigation concerning the Fundao dam collapse, Municipio de Mariano and BHP Group (UK) Ltd and another ([2022] EWCA Civ 951, critically examine the interaction of environmental protection and what may be considered the bedrock principles of English company law: (1) corporate personality; (2) corporate governance and corporate social responsibility; (3) shareholders rights and remedies.

What is Company/Business Law?

What is the role and function?

Introduce the key principles enshrined within Company/Business Law:

1. Corporate Personality,
2. Corporate Governance and Corporate Social Responsibility
3. Shareholders Rights and Remedies

Close with a reference to the set question

BODY PARAGRAPHS

Discuss Shell Plc (Okpabi and Others v Royal Dutch Shell plc UKSC 2018/0068)

Facts

Judgment

The significance relating to English company law of the separate legal personality of separate companies and subsidiaries.

How does Tort play a part with Company Law?

Discuss ClientEarth v Shell plc and Others [2023] EWHC 1897

Facts

Judgment

What procedure enabled the shareholders to bring proceedings?

Does it replace the rule in Foss v Harbottle?

What Director's duties were allegedly breached?

Discuss Municipio de Mariano and BHP Group (UK) Ltd and another ([2022] EWCA Civ 951

Facts

Judgment

Similar to Okpabi?

Analysis (the three cases discussion)

How does the environment play a role in the outcome of these cases.

How the environment forms part of the considerations of piercing the corporate veil.

How the environment forms part of the considerations carried out under CA ss 172 and 174.

How the environment forms part of the considerations of CSR?

CONCLUSION

Answer the question directly:

How has the interaction of environmental protection and what may be considered the bedrock principles of English company law: (1) corporate personality; (2) corporate governance and corporate social responsibility; (3) shareholders rights and remedies been affected by these cases?

Threatened or challenged, reinforced?