Key Facts
- •Group litigation concerning oil contamination in the Niger Delta's Bille and Ogale regions.
- •Claimants allege Shell's negligence in preventing, mitigating, or remediating oil contamination.
- •Shell denies responsibility, citing crude oil theft, illegal refining, and remediation efforts.
- •Multiple claims (Bille Individuals, Bille Community, Ogale Community, Ogale Individuals, Additional Ogale Individuals) consolidated under a Group Litigation Order (GLO).
- •Disputes over the adequacy of pleaded causation, leading to the provision of Schedules of Information (SOIs).
- •Applications for re-amendment of pleadings, including new causes of action under the African Charter and Nigerian Constitution.
- •Shell's application to strike out the Additional Ogale Individuals' Particulars of Claim.
- •Debate regarding the nature of the claims: event-based vs. global claims.
- •Application of Nigerian law on causation (material contribution).
Legal Principles
Adequacy of Pleadings; Causation
CPR Part 17, O'Farrell J's April 2022 judgment ([2022] EWHC 989)
Amendment of Pleadings; Limitation Periods
CPR Part 17.4, Geo-Minerals GT Ltd v Downing [2023] EWCA Civ 648
Abuse of Process
Carter Commercial Developments v Bedford BC [2001] EWHC Admin 669, Jaroo v AG of Trinidad and Tobago [2002] 1 AC 871, AG of Trinidad and Tobago v Ramanoop [2006] 1 AC 328, Lokhova v Longmuir [2017] EMLR 7
Nigerian Law on Causation; Material Contribution
Financial Conduct Authority v Arch Insurance (UK) Ltd [2021] UKSC 1, Pride of Derby & Derbyshire Angling Association v British Celanese Ltd [1952] 1 All ER 1326
Nigerian Constitutional and Human Rights Law
Nigerian Constitution, African Charter, Fundamental Rights Enforcement Procedure Rules 2009 (FREP Rules), Opara v SPDC, Centre for Oil Pollution Watch v NNPC [2019] 5 NWLR 518, Sea Trucks (Nig) Unlimited v Anigboro, Yemtet v The Federal University of Agriculture, Philip Biokpo v National Drug Law Enforcement Agency
Concurrent Liability in Contract and Tort
Henderson v Merrett [1995] 2 AC 145
Global Claims in Construction and Environmental Cases
John Doyle Construction v Laing Management (Scotland) Ltd [2002] BLR 393, Barthelmy Holdings LLC v. Duet Group Limited [2019] EWHC 2402, Lily v Mackay [2012] EWHC 1773
Outcomes
Claims not struck out.
Shell did not formally apply; striking out would be draconian given the circumstances; claims viewed as 'global claims' due to insufficient particularity on causation.
Re-amendment application largely allowed.
Constitutional claims arguable despite delay; additional Bille spills fall within existing pleadings; illegal refining claims allowed partially; amendment regarding the clear-up of by-product of illegal refining is refused.
Shell's application to strike out the Additional Ogale Individuals' PoC is rendered moot.
The allowance of the amendment to plead Constitutional claims makes the Additional Ogale Individuals' PoC unnecessary.