Key Facts
- •Two oil spills occurred in Bodo Creek, Nigeria in 2008-2009.
- •Shell admitted liability under the Nigerian Oil Pipelines Act 1990 (OPA).
- •A settlement was reached for compensation, but a clean-up claim remained.
- •A Bodo Mediation Initiative (BMI) was established to handle the clean-up.
- •The clean-up claim was stayed multiple times, leading to the current application.
- •Claimants argue the clean-up is inadequate, citing expert reports and photographic evidence.
- •Defendant argues the clean-up is nearing completion and a trial would be disproportionate.
Legal Principles
Summary judgment can be granted if the claimant has no real prospect of success and there's no compelling reason for a trial.
CPR 24.2
A statement of case can be struck out if it discloses no reasonable grounds for bringing a claim or is an abuse of process.
CPR 3.4(2)
The court should not conduct a 'mini-trial' when considering summary judgment or strike-out applications.
Three Rivers District Council v Governor and Company of the Bank of England (No 3) [2003] 2 AC 1 at [95]
Proceedings may be abusive if objectively pointless and wasteful.
Jameel (Yousef) v Dow Jones & Co Inc [2005] QB 946 at [69]
The act of state doctrine prevents UK courts from questioning the lawfulness of sovereign acts of foreign states.
Belhaj v Straw & Others [2017] UKSC 3
The High Court can grant an injunction if just and convenient.
Section 37(1) of the Senior Courts Act 1981
He who comes to equity must come with clean hands.
RBS v Highland Financial Partners [2013] EWCA Civ 328
Damages can be awarded in substitution for an injunction.
Jaggard v Sawyer [1995] 1 WLR 269
The overriding objective requires dealing with cases justly and at proportionate cost.
CPR 1.1
Outcomes
Claimants' application to restore the clean-up claim is granted.
Claimants have an arguable case, and the defendant did not show the claim is bound to fail or an abuse of process. While the BMI clean-up is advanced, genuine disputes remain regarding its adequacy.
Defendant's application for summary judgment and/or strike out is dismissed.
The court found the disputes regarding the adequacy of the clean-up were not suitable for summary disposal, and the act of state doctrine did not prevent the claim.
Directions for trial are ordered for February 17, 2025.
The court deemed a trial proportionate given the remaining issues, despite the significant progress of the BMI clean-up. A timetable was set for filing evidence and expert reports.