Jalla & Ors v Royal Dutch Shell Plc & Ors

Jalla & Ors v Royal Dutch Shell Plc & Ors

The claimants and those they purport to represent do not have the same interest as required by CPR r. 19.6 because each claim requires individual proof of damage and causation. The proceedings cannot continue as a representative action and the representative elements are struck out, leaving only the personal claims of Mr Jalla and Mr Chujor.

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) / Ruling on Defendants' Strike Out Application
Outcome
Representative elements of the proceedings struck out; only personal claims of Mr Jalla and Mr Chujor remain.
Legal Topics
Representative Actions, Class Actions, Limitation of Actions, Nuisance, Negligence
Civil Procedure Environmental Law Representative Actions Class Actions Limitation of Actions Nuisance Negligence

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) / Ruling on Defendants' Strike Out Application

Legal Issues

  1. 1 Whether the claimants and those they purport to represent have the same interest as required for a representative action under CPR r. 19.6
  2. 2 Whether the represented class can be ascertained with sufficient certainty
  3. 3 Whether the proceedings can continue as a representative action

Ratio Decidendi

The claimants and those they purport to represent do not have the same interest as required by CPR r. 19.6 because each claim requires individual proof of damage and causation. The proceedings cannot continue as a representative action and the representative elements are struck out, leaving only the personal claims of Mr Jalla and Mr Chujor.

Court Disposition

Representative elements of the proceedings struck out; only personal claims of Mr Jalla and Mr Chujor remain.

Orders

  • Representative elements of the proceedings are struck out.
  • Personal claims of Mr Jalla and Mr Chujor may continue.