The Bodo Community & Ors v CW Law Solicitors [2014] EWHC 3675 (TCC) (09 October 2014)

The Bodo Community & Ors v CW Law Solicitors [2014] EWHC 3675 (TCC) (09 October 2014)

Given the unresolved factual disputes and the risk of irreparable harm to the claimants, the injunction restraining CW Law from taking steps in relation to settlement of claims is to be continued, with further procedural orders to clarify representation and disclosure, pending a full trial if necessary.

Citation
[2014] EWHC 3675 (TCC)
Parties
Claimant: The Bodo Community and Others; Defendant: CW Law Solicitors; Interested Party: Shell Petroleum Development Company Nigeria Limited
Jurisdiction
England and Wales
Judgment Date
09 October 2014
Procedural Posture
Interim Injunction Application / Return Date Hearing on Continuation of Injunction
Outcome
Injunction continued with further procedural orders
Legal Topics
Interim Injunctions, Solicitor Authority, Settlement Agreements, Contempt of Court, Jurisdiction, Misrepresentation
Civil Procedure Injunctions Professional Conduct Interim Injunctions Solicitor Authority Settlement Agreements Contempt of Court Jurisdiction +1 more

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Parties

The Bodo Community and Others

Claimant

CW Law Solicitors

Defendant

Shell Petroleum Development Company Nigeria Limited

Interested Party

Procedural Posture

Interim Injunction Application / Return Date Hearing on Continuation of Injunction

Legal Issues

  1. 1 Whether CW Law Solicitors should be restrained from taking steps in relation to settlement of claims relating to the Bodo oil spills
  2. 2 Whether waivers/releases signed after the injunction are valid
  3. 3 Whether there is evidence of forgery, fraud, or misrepresentation in the signing of waivers

Ratio Decidendi

Given the unresolved factual disputes and the risk of irreparable harm to the claimants, the injunction restraining CW Law from taking steps in relation to settlement of claims is to be continued, with further procedural orders to clarify representation and disclosure, pending a full trial if necessary.

Court Disposition

Injunction continued with further procedural orders

Orders

  • CW Law Solicitors restrained from taking steps in relation to settlement of claims relating to the Bodo oil spills pending further order.
  • Any waiver signed pursuant to the 12 August 2014 agreement shall have no effect in the courts of England and Wales in relation to the Bonny oil pipeline litigation.