Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 738 (TCC) (27 March 2020)

Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 738 (TCC) (27 March 2020)

The court refused to entertain the strikeout application at the hearing due to insufficient notice and preparation time for the claimants, but set directions for its future determination. Permission to appeal on the continuing nuisance issue was refused as the principles are clear and well established. The court issued case management directions for further pleadings and evidence on accrual of damage, and ordered provision of information regarding legal representation and funding.

Citation
[2020] EWHC 738 (TCC)
Parties
Claimant: Harrison Jalla and Others; 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
27 March 2020
Procedural Posture
Civil Technology and Construction Court / Post Judgment Consequential Hearing Following Main Judgment [2020] EWHC 459 (tcc)
Outcome
Strikeout application adjourned; permission to appeal refused; case management directions and declaratory orders made; costs reserved except as to RDS's costs after discontinuance.
Legal Topics
Representative Actions, Limitation Periods, Continuing Nuisance, Case Management, Costs Orders
Civil Procedure Environmental Law Tort Law Representative Actions Limitation Periods Continuing Nuisance Case Management Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Harrison Jalla and Others

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 Technology and Construction Court / Post Judgment Consequential Hearing Following Main Judgment [2020] EWHC 459 (tcc)

Legal Issues

  1. 1 Whether proceedings should be struck out as a consequence of the main judgment
  2. 2 Whether the action qualifies as a representative action under CPR 19.6
  3. 3 Whether permission to appeal should be granted on the issue of continuing nuisance

Ratio Decidendi

The court refused to entertain the strikeout application at the hearing due to insufficient notice and preparation time for the claimants, but set directions for its future determination. Permission to appeal on the continuing nuisance issue was refused as the principles are clear and well established. The court issued case management directions for further pleadings and evidence on accrual of damage, and ordered provision of information regarding legal representation and funding.

Court Disposition

Strikeout application adjourned; permission to appeal refused; case management directions and declaratory orders made; costs reserved except as to RDS's costs after discontinuance.

Orders

  • Defendants to provide draft Notice of Application on strikeout by 27 March 2020.
  • Claimants to serve evidence and skeleton argument on strikeout by 20 April 2020.