Shell wins UK court ruling over 2011 oil spill claims
A UK court has rejected an appeal by a group of Nigerian citizens against Shell because too much time has passed since an oil spill in 2011 to claim damages.
The claimants alleged an oil leak during a cargo operation in the Bongo oil field, off the Nigerian coast, polluted the area, has not been removed or cleaned up, and continues to cause harm today. They claimed “continuing nuisance”, which would avoid the six-year limitation to make a claim. Shell maintains the spill was successfully contained at the time and is protected under the deadline.
The UK Supreme Court unanimously rejected the appeal from two Nigerian claimants, in line with rulings from two lower courts that too much time has passed.
“The claimants’ argument that there is a continuing nuisance, because on the assumed facts oil is still present on their land and has not been removed or cleaned up, is rejected,” the ruling stated. “The effect of accepting the claimants’ submission would be to extend the running of the limitation period indefinitely until the land is restored.”
It added: “To accept the claimants’ submission would undermine the law on limitation of actions, which is based on a number of important policies principally to protect defendants but also in the interests of the state and claimants, because it would mean there would be a continual re-starting of the limitation period until the oil was removed or cleaned up.”
Shell faces a separate legal case in the UK brought by communities in the Niger Delta for damage caused by spills in Shell’s oil production between 2011 and 2013.
UK law firm Leigh Day is representing more than 13,600 people and 17 institutions in the case, which seeks compensation for polluted waters and damage to fishing and farming, as well as a clean-up operation.
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