I have been informed by Leigh Day, acting on behalf of the appellants, that their appeal will be heard by the UK Supreme Court on 23 June 2020
These observations of Lord Briggs in Lungowe v Vedanta [61] may prove to be significant in the forthcoming appeal.
“[I]t seems to me that the parent may incur the relevant responsibility [for the
tort of a subsidiary] to third parties if, in published materials, it holds itself out as exercising that degree of supervision and control of its subsidiaries, even if it does not in
fact do so. In such circumstances its very omission may constitute the
abdication of a responsibility which it has publicly undertaken.”