Key Facts
- •Leigh Day Solicitors (Leigh Day) represented claimants in oil spill litigation against Shell in Nigeria.
- •A settlement of £55 million was reached, with £20 million allocated to the Bodo Community.
- •Eight Claimants (the Eight Claimants) allege Leigh Day wrongfully disbursed £6,080,000 of the Community's funds.
- •The court trial focused on a preliminary issue: whether the Eight Claimants had the authority to bring the claim.
- •The Eight Claimants represented themselves via video-link from Nigeria due to last-minute counsel unavailability.
- •The case involved interpreting Nigerian customary law regarding community authority and representation.
- •Multiple factions and leadership disputes within the Bodo Community complicated the determination of authority.
Legal Principles
Foreign law must be pleaded and proved.
Dicey, Morris & Collins on the Conflict of Laws, 16th Ed., rule 2 at paragraph 3R-001
In commercial cases, prioritize documentary evidence over witness recollections.
Gestmin SGPS SA v Credit Suisse (UK) Limited [2013] EWHC 3560 (Comm)
Communal Property Principle (Nigerian customary law): A community member can protect communal property, even without community authorization, if they have a personal interest.
Sogunle v Akerele (1967) NMLR 58 and subsequent cases
Privity of Contract (English law): Contracts cannot be enforced by third parties.
Not explicitly cited, but inherent in English contract law.
English law governs procedure in English courts.
Dicey, Morris & Collins on the Conflict of Laws, 16th Ed., rule 3
Outcomes
The Eight Claimants lacked authority to bring the claim.
The court found insufficient evidence that the Eight Claimants received valid authorization from a properly constituted Bodo Community council. Any prior purported authorizations were effectively revoked by a later resolution.