Categories
2021 Business responsibility Domestic court Extraterritorial obligations Standing/admissibility The United Kingdom

Okpabi and Others v. Royal Dutch Shell and Others

Summary:
In October and December 2015, the Ogale and Bille Nigerian communities filed parallel complaints against the UK company Royal Dutch Shell plc (Shell) and its Nigerian subsidiary Shell Petroleum Development Company (SPDC) in the UK High Court. The claimants sought a remedy for the extensive oil pollution caused by Shell arguing that it had affected their livelihoods and the environment. They claimed that Shell had failed to prevent oil spills and did not conduct proper clean-up. The plaintiffs argued that Shell had not seriously prevented contamination of agricultural land and waterways. They argued that Shell, as the parent company, owed them duty of care because it exercised significant control over the material aspects of SPDC’s operations and was responsible for them.

In January 2017, the High Court held that the claimants could not sue Shell in English Courts. The Court held that there was not sufficient evidence that Shell exercised a high degree of oversight, control or direction over SPDC. It therefore had no legal responsibility as a parent company for pollution by its Nigerian subsidiary. The Court of Appeal upheld the High Court’s decision in February 2018. The Court held that the parent company did not hold a duty of care towards the affected communities. In May 2020 the plaintiffs filed an appeal with the UK Supreme Court, arguing that the parent company Shell owed them a common law duty of care in respect to the extensive environmental harmed caused by their business operations in Nigeria. On 12 February 2021, the Supreme Court allowed the appeal and ruled that the case could proceed in the UK Courts. The decision determined that there is an arguable case that Shell is legally responsible for the pollution caused by the activities of its subsidiary to the Ogale and Bille communities.

Date of decision:
12 February 2021

Admissibility:
The UK Supreme Court ruled that UK courts have jurisdiction over the case, due to the fact that the parent company may owe the plaintiffs a duty of care and therefore the action against Shell constitutes a triable issue.

Merits:
TBD

Remedies:
TDB

Suggested citation:
UK Supreme Court, Okpabi and Others v. Royal Dutch Shell and Others, UKSC 2018/0068, Judgment of 12 February 2021, [2021] UKSC 3.

See also:
The similar (on the facts) case of Milieudefensie and Others v. Royal Dutch Shell PLC (before the Dutch courts).

For the full judgment, click here.

To watch a webcast of the hearing, click here.

Categories
Austria Belgium Bulgaria Children and young people Croatia Cyprus Czechia Denmark Emissions reductions Estonia European Convention on Human Rights European Court of Human Rights Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Luxembourg Malta Non-discrimination Norway Paris Agreement Poland Portugal Private and family life Prohibition of torture Right to life Romania Russian Federation Slovakia Slovenia Spain Sweden Switzerland The Netherlands The United Kingdom Turkey Ukraine

Duarte Agostinho et al. v. Austria et al.

Summary:
This case was brought by a group of young people who are part of Youth for Climate Justice against 33 Council of Europe Member States. The applicant young people claim that their right to life is threatened by the effects of climate change in Portugal (e.g. forest fires). Moreover they claim that their right to privacy includes their physical and mental wellbeing, which is threatened by heatwaves that force them to spend more time indoors; and that as young people, they stand to experience the worst effects of climate change.

This is the first climate application brought before the European Court of Human Rights, and it was brought with the support of the Global Legal Action Network (GLAN). The issues raised here are novel in the Strasbourg context. In addition, in communicating the case, the Court also proprio motu raised an issue under Article 3 ECHR, the prohibition of torture and inhuman and degrading treatment.

Admissibility:
Pending

Merits:
Pending

Remedies:
Pending

Separate opinions:
Pending

Implementation measures taken:
N/A

Date:
Pending

Type of Forum:
Regional

Status of case:
Communicated by the Court on 30 November 2020

Suggested case citation:
ECtHR, Duarte Agostinho and Others v. Portugal and 32 Other Member States, no. 39371/20, Communicated Case, 30 November 2020

Links:

For more information on the case, see the following links.

  • For more background on the case and profiles on the applicants, click here: https://youth4climatejustice.org/
  • For the original application for as submitted to the Court, click here
  • To see all of the third party interventions filed in the case to date (eight in total), click here.
  • To read the observations of the 33 respondent states in this case, click here.