Okpabi & Ors v Royal Dutch Shell Plc & Anor [2017] EWHC 89 (TCC) (26 January 2017)

Okpabi & Ors v Royal Dutch Shell Plc & Anor [2017] EWHC 89 (TCC) (26 January 2017)

The claimants do not have a real issue to be tried against Royal Dutch Shell plc in England; the claims are not legitimate in law against RDS as parent company, and England is not the appropriate forum for the claims. The claims against SPDC do not have a real prospect of success in England and do not fall within the jurisdictional gateway for service out. The applications by both defendants succeed and the proceedings are stayed or set aside.

Citation
[2017] EWHC 89 (TCC)
Parties
Claimant: His Royal Highness Emere Godwin Bebe Okpabi and others; First Defendant: Royal Dutch Shell plc; Second Defendant: Shell Petroleum Development Company of Nigeria Ltd
Jurisdiction
England and Wales
Judgment Date
26 January 2017
Procedural Posture
Group Action / Representative Action / Ruling on Jurisdictional Applications
Outcome
Applications by both defendants granted; proceedings stayed or set aside for lack of jurisdiction.
Legal Topics
Parent Company Liability, Jurisdictional Challenge, Forum Non Conveniens, Environmental Pollution, Group Litigation, Statutory Remedies
Tort Law Environmental Law Civil Procedure Jurisdiction Parent Company Liability Jurisdictional Challenge Forum Non Conveniens Environmental Pollution +2 more

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Parties

His Royal Highness Emere Godwin Bebe Okpabi and others

Claimant

Royal Dutch Shell plc

First Defendant

Shell Petroleum Development Company of Nigeria Ltd

Second Defendant

Procedural Posture

Group Action / Representative Action / Ruling on Jurisdictional Applications

Legal Issues

  1. 1 Whether claimants have legitimate claims in law against Royal Dutch Shell plc
  2. 2 Whether England is the appropriate forum for the claims
  3. 3 Whether claims against Shell Petroleum Development Company of Nigeria Ltd have a real prospect of success

Ratio Decidendi

The claimants do not have a real issue to be tried against Royal Dutch Shell plc in England; the claims are not legitimate in law against RDS as parent company, and England is not the appropriate forum for the claims. The claims against SPDC do not have a real prospect of success in England and do not fall within the jurisdictional gateway for service out. The applications by both defendants succeed and the proceedings are stayed or set aside.

Court Disposition

Applications by both defendants granted; proceedings stayed or set aside for lack of jurisdiction.

Orders

  • Claims against Royal Dutch Shell plc and Shell Petroleum Development Company of Nigeria Ltd in England are stayed or set aside.
  • No permission for claimants to rely on expert evidence from Professor Siegel.