Alame & Ors v Shell PLC & Anor

Alame & Ors v Shell PLC & Anor

The claims of all but 5 Bille claimants are insufficiently particularised as events-based claims and must proceed as global claims unless and until further particulars are provided. Amendments to plead Constitutional claims and additional spills are allowed as they arise from the same facts and are not late or prejudicial. Amendments regarding illegal refining are allowed only insofar as they plead loss from failure to protect against third party interference, but not as to remediation of by-product from illegal refineries. The Additional Ogale Individuals’ PoC is not struck out as the amendments to the generic pleading are allowed.

Parties
Claimant: Alame and Others (Bille Individuals); Claimant: Chief Minapakama and Others (Bille Community); Claimant: Okpabi and Others (Ogale Community); Claimant: Ejire Awala and Others (Ogale Individuals); Claimant: Okochi Nwoko Ododo and Others (Additional Ogale Individuals); Defendant: Shell PLC (formerly Royal Dutch Shell PLC); Defendant: Shell Petroleum Development Company of Nigeria Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Group Litigation (environmental Tort) / Case Management Conference (cmc) – Pleadings, Amendments, Strike Out Applications
Outcome
Amendments allowed (except as to remediation from illegal refining); claims to proceed as global claims (except 5 Bille claimants); strike out of Additional Ogale Individuals’ PoC refused as academic.
Legal Topics
Oil Pollution, Group Litigation Orders, Causation, Amendment of Pleadings, Limitation Periods, Constitutional Claims, Illegal Refining, Case Management
Environmental Law Tort Law Human Rights Law Civil Procedure Oil Pollution Group Litigation Orders Causation Amendment of Pleadings +4 more

Case Brief

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Parties

Alame and Others (Bille Individuals)

Claimant

Chief Minapakama and Others (Bille Community)

Claimant

Okpabi and Others (Ogale Community)

Claimant

Ejire Awala and Others (Ogale Individuals)

Claimant

Okochi Nwoko Ododo and Others (Additional Ogale Individuals)

Claimant

Shell PLC (formerly Royal Dutch Shell PLC)

Defendant

Shell Petroleum Development Company of Nigeria Ltd

Defendant

Procedural Posture

Group Litigation (environmental Tort) / Case Management Conference (cmc) – Pleadings, Amendments, Strike Out Applications

Legal Issues

  1. 1 Whether the claimants’ pleadings on causation are sufficiently particularised to proceed as events-based claims or must be treated as global claims
  2. 2 Whether to allow amendments to plead new causes of action under the Nigerian Constitution and African Charter (Constitutional claims)
  3. 3 Whether to allow amendments relating to additional oil spills and illegal refining

Ratio Decidendi

The claims of all but 5 Bille claimants are insufficiently particularised as events-based claims and must proceed as global claims unless and until further particulars are provided. Amendments to plead Constitutional claims and additional spills are allowed as they arise from the same facts and are not late or prejudicial. Amendments regarding illegal refining are allowed only insofar as they plead loss from failure to protect against third party interference, but not as to remediation of by-product from illegal refineries. The Additional Ogale Individuals’ PoC is not struck out as the amendments to the generic pleading are allowed.

Court Disposition

Amendments allowed (except as to remediation from illegal refining); claims to proceed as global claims (except 5 Bille claimants); strike out of Additional Ogale Individuals’ PoC refused as academic.

Orders

  • Permission to amend pleadings to add Constitutional claims and additional spills (except as to remediation from illegal refining)
  • Claims of all but 5 Bille claimants to proceed as global claims unless further particularisation is provided