The UK Supreme Court handed down its judgment in a high profile jurisdictional challenge relating to group claims brought against Royal Dutch Shell Plc and its Nigerian subsidiary in connection with alleged pollution in the Niger Delta.
The claimants (some 42,500 individuals from the Niger Delta region) brought proceedings in the English courts against Royal Dutch Shell Plc (incorporated in England and Wales) and its subsidiary Shell Petroleum Development Company of Nigeria Ltd (SPDC). The claimants allege environmental damage resulting from the operations of a joint venture operated by SPDC in Nigeria. The claimants allege that Royal Dutch Shell Plc owed them a duty of care which arose from the significant control which it allegedly exercised over SPDC’s operations.
In a decision which will be of interest to all UK domiciled holding companies, the Supreme Court unanimously held that the English court does have jurisdiction to hear the claims. This means that the case can now proceed to a trial on the merits in the English court.
Our disputes team has published analysis of the Supreme Court’s decision on our Litigation Notes blog.
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