Alame & Ors v Shell PLC & Anor (Re Bille and Ogale Group Litigation) [2023] EWHC 2961 (KB) (22 November 2023)

Alame & Ors v Shell PLC & Anor (Re Bille and Ogale Group Litigation) [2023] EWHC 2961 (KB) (22 November 2023)

The vast majority of claimants have not sufficiently particularised the causal link between specific oil spills and their alleged losses; accordingly, their claims must proceed as global claims unless or until further particulars are provided. The court will not strike out the claims at this stage, but will treat them as global claims for case management purposes. Applications to amend pleadings to add constitutional and African Charter claims are subject to further consideration of limitation and prospects of success under Nigerian law, but are not summarily refused at this stage.

Citation
[2023] EWHC 2961 (KB)
Parties
Claimant: Alame and Others (Bille Individuals); Claimant: Chief Minapakama and Others (Bille Community); Claimant: Okpabi and Others (Ogale Community); Claimant: Ejire Awala and Others (Ogale Individuals); Claimant: Okochi Nwoko Ododo and Others (Additional Ogale Individuals); First Defendant: Shell PLC (formerly Royal Dutch Shell PLC); Second Defendant: Shell Petroleum Development Company of Nigeria Ltd
Jurisdiction
England and Wales
Judgment Date
22 November 2023
Procedural Posture
Group Litigation (environmental Tort) / Case Management Conference (cmc) – Pleadings, Amendments, Case Management Directions
Outcome
Claims not struck out; treated as global claims for case management; amendments to pleadings (including constitutional claims) not summarily refused but subject to further submissions and consideration.
Legal Topics
Oil Pollution, Causation, Group Litigation Orders, Pleading Particularity, Amendment of Pleadings, Limitation Periods, Constitutional and Charter Claims, Case Management
Environmental Law Tort Law Human Rights Law Civil Procedure Oil Pollution Causation Group Litigation Orders Pleading Particularity +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Alame and Others (Bille Individuals)

Claimant

Chief Minapakama and Others (Bille Community)

Claimant

Okpabi and Others (Ogale Community)

Claimant

Ejire Awala and Others (Ogale Individuals)

Claimant

Okochi Nwoko Ododo and Others (Additional Ogale Individuals)

Claimant

Shell PLC (formerly Royal Dutch Shell PLC)

First Defendant

Shell Petroleum Development Company of Nigeria Ltd

Second Defendant

Procedural Posture

Group Litigation (environmental Tort) / Case Management Conference (cmc) – Pleadings, Amendments, Case Management Directions

Legal Issues

  1. 1 Whether the claimants' pleadings on causation are sufficiently particularised to proceed as events-based claims or must be treated as global claims.
  2. 2 Whether to permit amendments to pleadings to introduce new causes of action under the Nigerian Constitution and African Charter.
  3. 3 Whether the claims should be struck out for lack of particularity or allowed to proceed as global claims pending further case management.

Ratio Decidendi

The vast majority of claimants have not sufficiently particularised the causal link between specific oil spills and their alleged losses; accordingly, their claims must proceed as global claims unless or until further particulars are provided. The court will not strike out the claims at this stage, but will treat them as global claims for case management purposes. Applications to amend pleadings to add constitutional and African Charter claims are subject to further consideration of limitation and prospects of success under Nigerian law, but are not summarily refused at this stage.

Court Disposition

Claims not struck out; treated as global claims for case management; amendments to pleadings (including constitutional claims) not summarily refused but subject to further submissions and consideration.

Orders

  • Claims to proceed as global claims unless or until further particularisation is provided.
  • No strike-out of claims at this stage.