header-logo header-logo

11 May 2018 / Charlotte Hill
Issue: 7792 / Categories: Features , Commercial
printer mail-detail

Oil leaks, anchor defendants & duty of care

nlj_7792_hill

Charlotte Hill dissects the much-anticipated judgment in Okpabi v Shell, where accountability for pollution in Nigeria was sought in the English courts

  • Examines Okpabi v Royal Dutch Shell.
  • Shell defeated a claim that it bore a duty of care for environmental damage caused by a subsidiary, arguing that the English courts did not have jurisdiction in the case.
  • Lessons multinationals can draw from the case.

The Court of Appeal recently handed down its long-awaited judgment in Okpabi and others v Royal Dutch Shell Plc and another [2018] EWCA Civ 191 in respect of an application contesting jurisdiction, following a three-day hearing in November 2017 before Lord Justice Simon, Lord Justice Sales and Sir Geoffrey Vos, Chancellor of the High Court.

The Court of Appeal upheld the High Court decision that there was no arguable case against Royal Dutch Shell (RDS) by a 2:1 majority, holding that the English courts did not have jurisdiction to hear claims against RDS’s Nigerian subsidiary, the Shell Petroleum Developments Company Limited (SPDC).

This

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll