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.’
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