On 17 June 2021, the United States Supreme Court reversed a Ninth Circuit decision which held Nestlé liable for aiding and abetting child slavery under the Alien Tort Statute (ATS). The alleged forced labour in Ivory Coast could not be sufficiently linked to Nestlé's conduct in the United States, a nexus required to invoke the jurisdiction of federal courts under the ATS.
Read MoreOn 8 April 2021, the Grand Chamber of the European Court of Human Rights ruled that the Czech Republic's regime for the mandatory vaccination of children did not violate the right to private life under Article 8 of the European Convention on Human Rights.
Read MoreOn 19 March 2021, the Federal Court of Australia held that the operator of the Montara oil field breached its duty of care towards thousands of seaweed farmers in Indonesia by causing, or materially contributing to, the death and loss of seaweed crops via a large oil spill in 2009.
Read MoreThe UK Supreme Court has allowed an appeal from the Court of Appeal on the basis that two Nigerian communities have an arguable case that a UK domiciled parent company owes them a duty of care in respect of alleged systemic health, safety and environmental failings of its Nigerian subsidiary company.
Read MoreIn a landmark decision in which a group of Indian farmers and fishing communities sued the International Finance Corporation (IFC) in relation to pollution from a coal-fired power plant financed by them, the Supreme Court of the United States (Supreme Court) held that international organisations that have a sufficient nexus to the United States, such as the Food and Agriculture Organisation and World Bank, no longer enjoy full immunity from suit.
Read MoreThe High Court has allowed an appeal against a decision of the Victorian Court of Appeal, leaving open the possibility for Google to be sued in defamation for allegedly defamatory results appearing in Google searches.
Read MoreBy a narrow 5-4 majority, the United States Supreme Court held that it did not have the authority under the Alien Tort Statute (ATS) to determine civil liability for foreign corporations that engage in gross human rights violations in contravention of international law.
Read MoreThe Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) requires public authorities to give proper consideration to, and act compatibly with, the human rights set out in the Charter. The Victorian Civil and Administrative Tribunal (VCAT) recently held that a registered housing association was subject to the Charter when providing social housing.
Read MoreThe United States Supreme Court has handed down a major decision that will significantly limit the ability of plaintiffs to bring claims against multinational corporations in the US for losses suffered outside of the US
Read MoreThe Queen on the Application of Hurley and Moore v Secretary of Sate for Business Innovation and Skills [2012] EWHC 201 (17 February 2012)
The England and Wales High Court has ruled that a decision to raise university tuition fees did not breach the right to education under the European Convention on Human Rights (Article 2 of Protocol 1), even when read in conjunction with the right to non-discrimination (Article 14).
Read MoreDobson & Ors v Thames Water Utilities Ltd (No 2) [2011] EWHC 3253 (TCC) (08 December 2011)
In this case the Court delivered a judgment regarding the relevance of the Human Rights Act 1998 (UK) (HRA) and European Convention on Human Rights to a claim for nuisance in an environmental law proceeding. The decision is important for ensuring consistency between human rights and common law jurisprudence.
Read MoreTV Vest AS & Rogaland Pensjonisparti v Norway [2008] ECHR 21132/05 (11 December 2008)
In this case, the European Court of Human Rights considered the right to freedom of expression in the context of political advertising in the media. This judgment again shows that there must be a reasonable relationship of proportionality between the legitimate aim pursued by a statutory prohibition and the means deployed to achieve that aim.
Read MoreXFJ v Director of Public Transport (Occupational and Business Regulation) [2008] VCAT 2303 (31 October 2008)
In overturning a decision by the Director of Public Transport to refuse to grant XFJ, the applicant, accreditation to drive commercial taxi vehicles under the Transport Act 1983 (Act) , VCAT considered the application of the obligation under s 32(1) of the Charter to interpret laws consistently with human rights.
Read MoreR (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin) (24 June 2008)
The UK High Court of Justice has recently considered the meaning of ‘public authority’ under the Human Rights Act 1998 (UK). In this decision, Registered Social Landlords were held to be public authorities for the purposes of the Act.
Read MoreBoehringer Ingelheim Limited & Ors v Vetplus Limited [2007] EWCA Civ 583 (20 June 2007) Canada (Attorney General) v JTI-Macdonald Corp 2007 SCC 30 (28 June 2007)
The scope and application of the right to freedom of expression in a commercial context has recently been considered by the UK Court of Appeal and the Supreme Court of Canada. While neither court recognised a ‘corporate right’ to freedom of expression, both cases held that the right may be engaged by expression about commercial matters and, moreover, that the public have a prima facie right to ‘hear’ the expression (as opposed to a corporation having a right to ‘express’ the information).
Read MoreYL (by her litigation friend the Official Solicitor) v Birmingham City Council & Ors [2007] UKHL 27 (20 June 2007)
The UK House of Lords has delivered a much anticipated judgment regarding the meaning of ‘functions of a public nature’ and ‘public authority’ under the Human Rights Act 1998 (UK).
Read MoreSole v Secretary of State for Trade and Industry & Ors [2007] EWHC 1527 (Admin) (30 May 2007)
This recent decision of the England and Wales High Court concerned an application for judicial review of a compulsory acquisition order (‘CPO’) made by the London Development Authority, and confirmed by the Secretary of State for Trade and Industry, for the purpose of development for the London Olympics and a further development, known as The Legacy.
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