header-logo header-logo

Shell drops jurisdictional arguments

13 July 2021
Issue: 7941 / Categories: Legal News , Personal injury , International justice
printer mail-detail
A major trial concerning liability for oil pollution in the Niger Delta is to go ahead in the High Court after Royal Dutch Shell and its Nigerian subsidiary SPDC confirmed it would not contest jurisdictional issues

The trial, Okpabi v Shell, is likely to be heard next year and to lead to the disclosure of internal Shell documents about its environmental practices in Nigeria, according to Leigh Day, the law firm representing members of the Ogale and Bille communities. The communities, comprising more than 50,000 people, allege Royal Dutch Shell and SPDC are jointly responsible for the oil pollution that has afflicted their land for decades. They are seeking clean-up and reparations for the damage.

In February, the Supreme Court held in Okpabi v Royal Dutch Shell [2021] UKSC 3 that Royal Dutch Shell was arguably liable for the pollution, which resulted from failings in SPDC’s operations, and the case could proceed in the English courts. Some remaining questions as to whether SPDC could be joined to the claims were sent to the High Court for determination. However, Shell’s confirmation that it will not contest these means the trial will go ahead, with SPDC joined.

Shell had not denied both communities were severely polluted by its oil or that no adequate clean-up had taken place. However, it had argued it could not be legally responsible for the harm and so the cases should not be heard in England.

Leigh Day partner Daniel Leader said: ‘This is a significant win for the communities.

‘After five years of legal arguments at the High Court, Court of Appeal and the Supreme Court, the Communities claims can finally progress toward a trial. In the meantime, Shell’s oil contamination remains in their drinking water, land and waterways and still no clean-up has taken place.’

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll