Jalla & Ors v Royal Dutch Shell Plc & Ors [2021] EWHC 2118 (TCC) (20 July 2021)

Jalla & Ors v Royal Dutch Shell Plc & Ors [2021] EWHC 2118 (TCC) (20 July 2021)

The court refused the claimants' application for further time, holding that the claimants had already been afforded sufficient opportunity and extensions to serve their evidence and particulars. The logistical and pandemic-related difficulties had been previously considered in setting the timetable. Granting further time would prejudice the defendants' trial preparation and disrupt the fixed trial date, as well as court resources. The claimants bore some responsibility for not adopting a proportionate approach, such as sampling or test cases, and the proposed changes would amount to a significant new case for the defendants to address.

Citation
[2021] EWHC 2118 (TCC)
Parties
Claimant: Harrison Jalla; Claimant: Abel Chujor & Others; Claimant: The 27,830 Individual Claimants listed in Schedule 1; Claimant: The 479 Nigerian Communities listed in Schedule 2; Defendant: Royal Dutch Shell PLC; Defendant: Shell International Trading and Shipping Company Limited; Defendant: Shell Nigeria Exploration and Production Company Limited
Jurisdiction
England and Wales
Judgment Date
20 July 2021
Procedural Posture
Civil / Interlocutory Application for Extension of Time
Outcome
Application refused
Legal Topics
Extension of Time, Limitation Periods, Oil Pollution, Representative Actions, Case Management
Civil Procedure Environmental Law Tort Law Extension of Time Limitation Periods Oil Pollution Representative Actions Case Management

Case Brief

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Parties

Harrison Jalla

Claimant

Abel Chujor & Others

Claimant

The 27,830 Individual Claimants listed in Schedule 1

Claimant

The 479 Nigerian Communities listed in Schedule 2

Claimant

Royal Dutch Shell PLC

Defendant

Shell International Trading and Shipping Company Limited

Defendant

Shell Nigeria Exploration and Production Company Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Extension of Time

Legal Issues

  1. 1 Whether the claimants should be granted a further extension of time to serve additional particulars and evidence regarding the date of damage in large-scale oil spill litigation.

Ratio Decidendi

The court refused the claimants' application for further time, holding that the claimants had already been afforded sufficient opportunity and extensions to serve their evidence and particulars. The logistical and pandemic-related difficulties had been previously considered in setting the timetable. Granting further time would prejudice the defendants' trial preparation and disrupt the fixed trial date, as well as court resources. The claimants bore some responsibility for not adopting a proportionate approach, such as sampling or test cases, and the proposed changes would amount to a significant new case for the defendants to address.

Court Disposition

Application refused

Orders

  • Application for extension of time to serve further particulars and/or evidence in support of claimants' case is refused.