Summary

Introduction

1. This group litigation concerns four separate claims arising from extensive oil pollution affecting two regions within the Niger Delta: the Bille and Ogale communities. A large number of individuals within each community have brought individual claims against the Defendants (the Bille individual and Ogale individual claims); in addition, there are representative/trust claims brought by certain individuals within the communities in a representative capacity on behalf of the whole community (the Bille community and the Ogale community claims). Each of the four claims seeks damages and other remedies from the Defendants (respectively “Shell Plc” and “SPDC”). SPDC is the Nigerian-based subsidiary of Shell Plc operating its oil business within Nigeria.

2. The Bille and Ogale peoples are among a number of local communities in the Niger Delta which have been affected by oil mining and refining in that region since the discovery of large oil reserves there in the 1950s. These proceedings were commenced in 2015 against Shell Plc and SPDC seeking compensation for the losses which the individuals and communities say they have sustained as a result of SPDC’s activities. The claims were originally pleaded in tort and breach of statutory duty (collectively “the private law claims”). However by a recent amendment in 2023, the pleadings were amended to include for the first time claims under the Nigerian Constitution and the African Charter (collectively “the fundamental rights claims”).

3. It is uncontroversial that, as the private law and fundamental rights claims arise from events occurring in Nigeria, Nigerian law applies. By a consent order dated 16 January 2024 the parties to this litigation identified 24 preliminary issues (“PI”s) to be determined in advance of the main trial which is currently scheduled to take place over four months from March 2027. Following a Court of Appeal decision last year (Alame & Others v. Shell Plc & SPDC [2024] EWCA Civ 1500), two of the preliminary issues (PIs 15 and 16) have fallen away. The remaining 22 issues for decision at this trial concern matters of Nigerian law, largely split as to the matters concerning private law claims in tort and breach of statutory duty (PIs 1-15 and 18-20) and those concerning fundamental rights claims under the Nigerian Constitution and African Charter (PIs 21-24).