Harrison Jalla & Ors v Royal Dutch Shell PLC & Ors

Harrison Jalla & Ors v Royal Dutch Shell PLC & Ors

RBL Law Limited had authority to act for claimants in Jalla 2 only to the extent that individual claimants gave consent or claims were for community land rights; not otherwise for individual claims. The claimants failed to establish customary law allowing community leaders to bind individuals for private claims. Defendants were the successful party on the authority issue and are entitled to 90% of the costs of that issue. RBL must show cause why a wasted costs order should not be made. RBL is ordered to provide disclosure regarding litigation funding for a potential non-party costs order.

Parties
Claimant: Harrison Jalla; Claimant: Abel Chujor; Claimant: 27,830 Individual Claimants (Schedule 1); Claimant: 479 Nigerian Communities (Schedule 2); Defendant: Royal Dutch Shell PLC; Defendant: Shell International Trading and Shipping Company Limited; Defendant: Shell Nigeria Exploration and Production Company Limited; Interested Party: RBL Law Limited
Jurisdiction
England and Wales
Judgment Date
14 March 2024
Procedural Posture
Civil / Post Trial Costs and Disclosure Applications
Outcome
Applications granted in part
Legal Topics
Authority of Legal Representatives, Customary Law, Non Party Costs Orders, Litigation Funding, Limitation Periods
Civil Procedure Environmental Law Costs Authority of Legal Representatives Customary Law Non Party Costs Orders Litigation Funding Limitation Periods

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Parties

Harrison Jalla

Claimant

Abel Chujor

Claimant

27,830 Individual Claimants (Schedule 1)

Claimant

479 Nigerian Communities (Schedule 2)

Claimant

Royal Dutch Shell PLC

Defendant

Shell International Trading and Shipping Company Limited

Defendant

Shell Nigeria Exploration and Production Company Limited

Defendant

RBL Law Limited

Interested Party

Procedural Posture

Civil / Post Trial Costs and Disclosure Applications

Legal Issues

  1. 1 Whether RBL Law Limited had authority to act for the claimants in Jalla 2 under Nigerian law
  2. 2 Whether costs should be awarded against the claimants and/or RBL Law Limited for lack of authority
  3. 3 Whether RBL Law Limited should be subject to a wasted costs order

Ratio Decidendi

RBL Law Limited had authority to act for claimants in Jalla 2 only to the extent that individual claimants gave consent or claims were for community land rights; not otherwise for individual claims. The claimants failed to establish customary law allowing community leaders to bind individuals for private claims. Defendants were the successful party on the authority issue and are entitled to 90% of the costs of that issue. RBL must show cause why a wasted costs order should not be made. RBL is ordered to provide disclosure regarding litigation funding for a potential non-party costs order.

Court Disposition

Applications granted in part

Orders

  • Claimants to pay 90% of defendants' costs of the authority issue, subject to detailed assessment; interim payment of £577,454.58 ordered.
  • RBL Law Limited to show cause why a wasted costs order should not be made; added as defendant for costs purposes.