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16 October 2014
Issue: 7626 / Categories: Legal News
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Farmers v BP battle begins

Environmental case will make English legal history

The High Court will hear one of the biggest environmental cases in English legal history this week as Colombian farmers begin a court fight against BP.

The trial, scheduled to last four months, is unusual in that BP is being asked to defend its actions overseas in an English court. The case also marks the first time litigation has been brought in the UK against a UK oil company to seek compensation for damage to privately owned land.

The 73 farmers allege that Equion Energia (formerly BP Exploration (Colombia) Ltd) breached agreements and were negligent in causing environmental damage to their private property due to the construction of the OCENSA oil pipeline across their farmland in the mid-1990s. They claim the construction work caused severe soil erosion and sedimentation of low-lying fields and water sources, reduced vegetation coverage and blocked up water sources.

The claims will be argued with reference to contractual and extra contractual liability under Colombian law.

Shubhaa Srinivasan, partner at Leigh Day & Co, who is representing the farmers, says: “We feel it is really important that big companies are held to account for the way in which they undertake their activities abroad—especially when those activities take place in remote corners of faraway places out of the public gaze.”

A BP spokesperson says: “The OCENSA pipeline project involved significant steps being taken at the time of construction to engage with local communities, make appropriate compensation payments and ensure that the land that the pipeline traversed suffered no material damage.

“BP believes that these measures were effective and that the construction of the pipeline was carried out to a high standard.”

Issue: 7626 / Categories: Legal News
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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