Jalla & Anor v Shell International Trading and Shipping Company Ltd & Anor [2023] EWHC 424 (TCC) (28 February 2023)

Jalla & Anor v Shell International Trading and Shipping Company Ltd & Anor [2023] EWHC 424 (TCC) (28 February 2023)

The court found that the claimants failed to prove that oil from the Bonga Spill first impacted the specified communities in 2014-2015. The evidence did not support the claim that oil remained stranded and was later remobilised to cause actionable damage years after the spill. The applicable limitation period is...

Source-derived case information.

Citation
[2023] EWHC 424 (TCC)
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 Ltd; Defendant: Shell Nigeria Exploration and Production Company Ltd
Jurisdiction
England and Wales
Judgment Date
28 February 2023
Procedural Posture
Civil Environmental Tort / Judgment on Preliminary Issues (date of Damage, Limitation, Authority)
Outcome
Claims dismissed on preliminary issues; claims are statute-barred and/or not established on the evidence.
Legal Topics
Oil Pollution, Limitation Period, Jurisdiction, Representative Actions, Nuisance, Negligence, Rylands V Fletcher Liability, Authority of Solicitors, Remediation of Environmental Damage
Environmental Law Tort Law Private International Law Civil Procedure Oil Pollution Limitation Period Jurisdiction Representative Actions +5 more

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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 Ltd

Defendant

Shell Nigeria Exploration and Production Company Ltd

Defendant

Procedural Posture

Civil Environmental Tort / Judgment on Preliminary Issues (date of Damage, Limitation, Authority)

Legal Issues

  1. 1 What is the applicable limitation period under Nigerian law for these claims?
  2. 2 Did oil from the Bonga Spill reach and cause actionable damage to the specified communities on the dates alleged?
  3. 3 Do the claimants' solicitors have authority to act for all claimants in the Jalla 2 proceedings under Nigerian law?

Ratio Decidendi

The court found that the claimants failed to prove that oil from the Bonga Spill first impacted the specified communities in 2014-2015. The evidence did not support the claim that oil remained stranded and was later remobilised to cause actionable damage years after the spill. The applicable limitation period is five years under Nigerian law, and the claims are statute-barred. The claimants' solicitors did not establish authority to act for all claimants in the Jalla 2 proceedings as required by Nigerian law.

Court Disposition

Claims dismissed on preliminary issues; claims are statute-barred and/or not established on the evidence.

Orders

  • Claims against Shell International Trading and Shipping Company Ltd and Shell Nigeria Exploration and Production Company Ltd are dismissed as statute-barred.
  • Court declines jurisdiction over claims against SNEPCo due to failure of anchor claim against STASCO.