Court to decide on legality of suit against Shell In London

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The stage is set as a court in London is about to rule on whether Royal Dutch Shell can face trial in the UK over oil spill allegations in Nigeria.

Experts say such decision could attract more cases against multinationals in the UK.

The High Court will judge whether members from two communities, Bille and Ogale in Nigeria’s oil-rich Delta region, can sue the Anglo-Dutch company in British courts.

The communities say Nigerian courts are not fit to hear the case against Shell subsidiary Shell Petroleum Development Company of Nigeria (SPDC).

Shell says the case should be heard in Nigeria because the matter is “uniquely a Nigerian problem”.

Shell also denies responsibility for the spills, which it says were due to sabotage and illegal refining.

If the High Court rules in favour of the communities, some legal experts disclose that other claimants against British-based multinationals would be empowered to pursue legal action through the British courts.

Some legal experts also warned that a victory by the communities could encourage unscrupulous residents to let oil spills worsen at remote sites by denying clean-up access, as payouts are often linked to the scale of the damage.

“This case brings home the message that multinationals may increasingly face claims in the English courts arising from disputes which have little or no connection to England,” said Tom Cummins, a partner at law firm Ashurst.

The Bille and Ogale groups launched their claim just months after Shell agreed a 55 million pound ($68 million) settlement in 2015 with another Nigerian group, the Bodo community.

That case covered two pipeline leaks in 2008, which Shell accepted were its fault due to corrosion, and marked the largest ever out-of-court settlement relating to Nigerian oil spills.

Law firm Leigh Day, which is representing the Bille and Ogale communities and also brought the Bodo case in London against Shell, says Nigeria’s court system is not robust enough to give a fair ruling in reasonable time.

Leigh Day, which is licensed only to practise in Britain, has also raised concerns over whether companies will conduct clean-up operations properly without international pressure.

“You’ve got a dual problem: the systemic ineffectiveness of the courts and the fact that people (in local communities) just can’t get the evidence together or even representation to take on these companies,” Daniel Leader, partner at Leigh Day said.

But the National Oil Spill Detection and Response Agency (NOSDRA) defended the effectiveness of the Nigerian court system, saying it had successfully sanctioned and sued several companies locally, including SPDC.

Shell said it settled the Bodo case in part because it admitted responsibility for the spill, but never agreed that the case should be tried in London.

It said it would fight to stem a potential landslide of cases from groups whose lands Shell says were spoiled by sabotage, oil theft and illegal refining that are endemic across the Delta.

“We fully intend to have this (jurisdictional issue) decided by a trial judge, to determine the issue once and for all,” said Gaurav Sharma, senior legal counsel for Shell’s global litigation team.

Shell said 92 percent of all oil spilled from SPDC facilities in 2009-13 was a result of theft, sabotage or illegal refining. In part due to such attacks, the oil major is divesting pipelines and other onshore assets after more than 50 years of operations in Nigeria.

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