Appeal court rules Nigerians cannot pursue Shell spill claim in England
The Court of Appeal in London ruled on Wednesday that two Nigerian communities cannot pursue Royal Dutch Shell in English courts over oil spills in Nigeria’s Delta region. The split decision upheld a High Court ruling last year that was a setback to attempts to hold British multinationals liable at home for their subsidiaries’ actions abroad. Shell said the court “rightly upheld” the earlier ruling, and said Nigeria’s “well-developed justice system” was the correct place for the claims. Its subsidiary SPDC has also denied responsibility for the spills, which it says were due to sabotage and illegal refining. One of the three senior High Court judges, the Rt. Hon. Lord Justice Sales, disagreed with the majority ruling, writing that the communities have “a good arguable claim that (Shell) assumed a material degree of responsibility in relation to the management of the pipeline and facilities” operated by SPDC. Leigh Day said the two Nigerian communities intended to bring the case to Britain’s Supreme Court...King Okpabi, the ruler of the Ogale community, said the English courts were the only hope, and that they “cannot get justice” in Nigeria