“…2013] EWHC 3538 (Comm) at [5]. Some of these cases were cited with approval in this court by Simon LJ in Lungowe and others v Vedanta Resources plc and another [2017] EWCA Civ 1528; [2017] Building LR 585 at [113] to [117]. It is clear that the passage cited by Mr Gunning from John Russell v Cayzer has not been allowed to create a princip…”
“…d its foreign subsidiary in respect of events occurring in the foreign country where that subsidiary carries on its operations: Lungowe v Vedanta Resources Plc [2017] EWCA Civ 1528 and Okpabi v Royal Dutch Shell Plc [2018] EWCA Civ 191. In the present case, the appellants contend that they were the victims of serious inter-tribal violence…”
“…e purpose of the appeal, both sides accepted that the general statement, which followed a review of prior authorities, in Lungowe and others v. Vedanta and KCM [2017] EWCA (Civ) 1528 at [83] was correct, or as Lord Goldsmith put it, ‘arguably correct’.…”
“…is set out by this court in Chandler v Cape Plc [2012] EWCA Civ 525; [2012] 1 WLR 3111 and succinctly elaborated by Simon LJ in Lungowe v Vedanta Resources Plc [2017] EWCA Civ 1528 at [83] (set out at para. [23] above). In essence, it is not a case which is difficult to understand. To my mind, the critical question for present purposes is…”
“…As Simon LJ explained in Lungowe v. Vedanta Resources plc and Konkola Copper Mines plc [2017] EWCA Civ 1528(“Vedanta”) at paragraphs 46-50 by reference to the authorities, appellate courts should be slow to interfere with a lower court’s evaluation of a jurisdictiona…”