Case title | Bodo Community & others vs. The Shell Petroleum Development Company of Nigeria Limited |
Country where the conflict/incident took place | Nigeria |
Country where the case is being litigated | United Kingdom |
Year of initiation of proceedings | 2011 |
Case reference number | Case No: HT-2013-000028 |
Status of case | Pending trial (2025) |
Category | Healthy environment |
Plaintiffs | King Felix Sunday Bebor Berebon and others, on behalf of the Bodo Community |
Defendants | Shell Petroleum Development Company (Nigerian Company) |
At issue | Significant environmental damage caused by multiple oil spills impacting the environment and the livelihoods of local community. Request for compensation and remediation |
References | - High Court (Technology and Construction Court) Decisions:
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Proceedings: The claim was filed in the United Kingdom in 2011, on behalf of the Bodo community in Nigeria, and other individual claimants, against Shell Petroleum Development Company of Nigeria Limited (SPDC) following severe oil spills in 2008 and 2009.
Main Claims: These spills caused significant environmental damage, impacting thousands of livelihoods. The claimants sought compensation and other relief for damage to community property and rights.
The defendant, which is a Nigerian registered company, accepted the jurisdiction of the UK court.
On 20 June 2014, the High Court issued a judgment resolving some preliminary issues between the parties. Following this judgment, the particulars of claim and defence were amended. In the amended claim, the claimants sought compensation for environmental damage to community land, loss of amenity, and other consequential losses. They also requested a mandatory injunction requiring the defendant to carry out cleanup and remediation of the affected land and waterways, or alternatively, pay damages.
On 11 December 2014, the parties entered into a settlement agreement under which the defendant agreed to pay £55 million to the claimants in full and final settlement of all claims, except for the cleanup claim, which was stayed for separate negotiation and decision.
On 30 April 2015, a memorandum of understanding was signed regarding the cleanup, outlining a plan consisting of three stages.
However, implementation of the plan faced numerous hurdles. Initially, there was obstruction from the Bodo Community due to their demands for local participation and higher wages during the first phase, which led to contractor withdrawals. This involved legal challenges and injunction requests filed by the Bodo Community in Nigerian federal court, further delaying progress. In addition, leadership changes within the community also disrupted continuity and authority, resulting in additional legal proceedings regarding the validity of claims and authority to sue. Finally, ongoing local unrest and security threats compromised operational safety, further hindering the execution of the cleanup plan.
Consequently, despite a substantial settlement for compensation and an agreed cleanup plan, disputes persisted over the achievements of the cleanup and how outstanding issues should be resolved.
On 20 October 2022, the plaintiffs applied to the High Court of Justice requesting that the dispute over the adequacy of Shell’s cleanup efforts be settled at trial. The defendant asked that the court struck out the claim or issue a judgment in its favour.
On February 12, 2024, the High Court of Justice granted the claimants’ request and scheduled the trial for 17 February 2025, where the adequacy of Shell’s cleanup efforts will be assessed.