Jalla & Ors v Shell International Trading And Shipping Company & Anor

Jalla & Ors v Shell International Trading And Shipping Company & Anor

A single oil spill is not a continuing nuisance; the cause of action in nuisance accrued when the oil first struck the appellants’ land. There is no fresh cause of action each day the oil remains. The limitation period is not extended by reference to a continuing nuisance, and most claims are statute-barred.

Parties
Appellants/claimants: Harrison Jalla and Others; Respondent/defendant: Shell International Trading and Shipping Company Limited (STASCO); Respondent/defendant: Shell Nigeria Exploration and Production Company Limited (SNEPCO)
Jurisdiction
England and Wales
Judgment Date
27 January 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Limitation and Continuing Nuisance
Outcome
Appeal dismissed
Legal Topics
Nuisance, Limitation of Actions, Continuing Cause of Action, Jurisdiction, Representative Actions
Tort Law Environmental Law Civil Procedure Nuisance Limitation of Actions Continuing Cause of Action Jurisdiction Representative Actions

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Parties

Harrison Jalla and Others

Appellants/claimants

Shell International Trading and Shipping Company Limited (STASCO)

Respondent/defendant

Shell Nigeria Exploration and Production Company Limited (SNEPCO)

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on Limitation and Continuing Nuisance

Legal Issues

  1. 1 Whether the appellants have a cause of action for a continuing nuisance that would defeat the respondents’ limitation defence
  2. 2 Whether a single oil spill constitutes a continuing nuisance or a one-off event for limitation purposes

Ratio Decidendi

A single oil spill is not a continuing nuisance; the cause of action in nuisance accrued when the oil first struck the appellants’ land. There is no fresh cause of action each day the oil remains. The limitation period is not extended by reference to a continuing nuisance, and most claims are statute-barred.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the nuisance alleged cannot be a continuing nuisance
  • Claims against STASCO and SNEPCO are limited to those not statute-barred as of 4 April 2018 and 2 March 2020, respectively