Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 2211 (TCC) (14 August 2020)

Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 2211 (TCC) (14 August 2020)

The claimants and those they purport to represent do not have the 'same interest' within the meaning of CPR 19.6 because the remediation claims, even after abandonment of individual damages claims, still raise issues that are not truly common to all members of the class. The class is not sufficiently ascertainable, and the proceedings cannot continue as a representative action. The procedural defects and lack of commonality are fatal to the representative status of the action.

Citation
[2020] EWHC 2211 (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
14 August 2020
Procedural Posture
Civil (representative Action) / Interlocutory Application for Strike Out and Determination of Representative Action Status
Outcome
Strike out of representative action; proceedings cannot continue as a representative action under CPR 19.6.
Legal Topics
Representative Actions, Limitation Periods, Nuisance, Negligence, Remediation Orders, Class Actions
Civil Procedure Environmental Law Tort Representative Actions Limitation Periods Nuisance Negligence Remediation Orders +1 more

Case Brief

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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 (representative Action) / Interlocutory Application for Strike Out and Determination of Representative Action Status

Legal Issues

  1. 1 Whether the claimants and those they purport to represent have the 'same interest' for the purposes of CPR 19.6 and can proceed as a representative action
  2. 2 Whether the represented class can be ascertained with sufficient certainty
  3. 3 Whether the abandonment of individualised claims for damages (except for lead claimants) enables the action to proceed as a representative action

Ratio Decidendi

The claimants and those they purport to represent do not have the 'same interest' within the meaning of CPR 19.6 because the remediation claims, even after abandonment of individual damages claims, still raise issues that are not truly common to all members of the class. The class is not sufficiently ascertainable, and the proceedings cannot continue as a representative action. The procedural defects and lack of commonality are fatal to the representative status of the action.

Court Disposition

Strike out of representative action; proceedings cannot continue as a representative action under CPR 19.6.

Orders

  • The proceedings are struck out as a representative action.
  • No order as to costs at this stage pending further submissions.