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Court: Queen's Bench Division (Technology and Construction Court)

Decision that Royal Dutch Shell Plc did not owe duty of care in respect of damage caused by its Nigerian subsidiary upheld

Ogale Community & Ors v Royal Dutch Shell Plc & Anor [2018] EWCA Civ 191

Nigerian claimants appealed against a decision that the first respondent parent company, Royal Dutch Shell Plc did not owe them a duty of care in respect of pollution and environmental damage caused by oil leaks from pipelines and associated infrastructure operated by the second respondent subsidiary company, Shell Petroleum Development Company of Nigeria Ltd. The […]

Claim against “anchor defendant” fails as no connection between claims and jurisdiction

Okpabi & Ors v Royal Dutch Shell plc & Anor [2017] EWHC 89 (TCC)

The case involved proceedings concerning oil pollution in Nigeria that has affected activities on land and water, and considerable numbers of people. The defendants contended that the claimants approach put the defendant in the position of an “anchor defendant” to bring claims that would otherwise have no connection to this jurisdiction.

Court has jurisdiction to hear claims brought by Zambian citizens alleging injury, loss and damage due to copper mining

Lungoew & Ors v Vendata Resources Plc & Anor [2016] EWHC 975 (TCC)

The defendants sought declarations that the court did not have jurisdiction, or ought not to exercise any jurisdiction, in claims brought by 1,826 Zambian citizens alleging personal injury, damage to property, loss of income and loss of amenity and enjoyment of land, due to alleged pollution and environmental damage caused by copper mining, which the defendants were responsible for. Applications dismissed.

Former employee held liable for contempt after breaching injunction

Royal Brompton & Harefield NHS Foundation Trust & Ors v Shaikh [2014] EWHC 4331 (QB)

The defendant was a former employee of the claimant, dismissed for gross misconduct. He harassed and defamed the claimants via the internet and an injunction was granted. The claimant sought to establish that the defendant had continued to publish materials online in contempt. Held: the defendant was responsible for the offending publications. The contempts were indeed serious however sanctions would be considered at a later hearing.

Court determines costs in interlocutory hearing

The Bodo Community & Ors v Shell Petroleum Development Company of Nigeria Ltd [2014] EWHC 2170 (TCC)

A number of issues were resolved at the preliminary hearing, The Bodo Community & Ors v Shell Petroleum Development of Nigeria Ltd [2014] EWHC 1973 (TCC). This interlocutory hearing was to determine who was liable for the cost of that hearing. It was decided that 10% of the costs of that hearing should be costs of the […]