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When a Settlement Agreement May Unsettle Everything How a Parent Company May be Held Liable in Torts for the Negligence of its Subsidiaries

Abstract

Manifold are the functions of law; one of the functions of law practitioners is to guide their clients in their best interests bearing in mind that clients know their cases best. It is important to appreciate that most of the members of communities, business or otherwise are not familiar with law, let alone its complexities. This requires lawyers to be doubly ethical in rendering their services to their clients in the simplest and yet correct ways be they take the form of drafting documents or pleading in courtrooms or even teaching of law. Unless the application of jargon proves to be imperative, there is no need to make legal writing convoluted in style, and by so doing, it is maintained that lawyers render a disservice not only to their clients but also their communities at large. Much of this happened to Khanty-Mansiysk Recoveries Ltd v Forsters LLP which case forms the subject-matter of this Article.

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Author

Portrait image of Professor Charles Chatterjee
Professor Charles Chatterjee
Senior Research Fellow, Global Policy Institute , UK

Professor Charles Chatterjee who studied law at the University of Cambridge and the University of London is a Barrister in England and Wales and has also acted as an arbitrator. A commercial law specialist (international) with special interest and knowledge in international organisations and their functions in addition to court experience in law as a practising barrister in England and Wales. A consultant to international organisations and private corporations in addition to conducting capacity building training programmes in various countries. Articles in IICJ: “Recognition and Enforcement of Arbitral Awards: How Effective is Article V of the New York Convention of 1958?” International In-house Counsel Journal Vol. 9, No. 36, Summer (2016), 1 “Decisions of ICSID Tribunals on Procedural Issues may not be Confused with their Awards” International In-house Counsel Journal Vol. 10, No 37, (2016) “CAPE DISTRIBUTION LTD v CAPE INTERNATIONAL HOLDINGS PLC How a Parent Company May be Held Liable in Torts for the Negligence of its Subsidiaries”, International In-house Counsel Journal Vol.11, No. 42, (2018)

Company

Global Policy Institute

Academic Institution

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