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UPDATE 1-UK Supreme Court hears Nigerian communities' case against Shell

Tue, 23rd Jun 2020 17:07

(Adds time frame for verdict, precedent)

ABUJA, June 23 (Reuters) - Britain's Supreme Court heard an
appeal on Tuesday from Nigerian farmers and fishermen seeking to
pursue claims against oil major Royal Dutch Shell over
spills in the Niger Delta.

The appeal re-opens the possibility of British
multinationals being held liable at home for their subsidiaries'
actions abroad. It comes after a setback in 2018 when a London
court ruled that the claims could not be pursued in England.

A judgement is expected later this year or in early 2021, a
court spokeswoman said.

The Ogale and Bille communities allege Shell's oil
operations have polluted their land and waters. Leigh Day, the
law firm representing the farmers and fishermen, said the
communities were seeking justice through British courts because
cases heard in Nigeria can take decades to resolve.

The main question for British courts is whether they have
jurisdiction over claims against Shell's Nigerian subsidiary,
Shell Petroleum Development Company, which is jointly operated
with the Nigerian government.

Shell's subsidiary has said "claims by Nigerian communities
against a Nigerian company about events in Nigeria should be
heard in Nigeria and not the UK".

The Nigerian unit says the spills are chiefly due to oil
theft, sabotage and illegal refining.

The Supreme Court ruled last year that Zambian villagers had
the right to sue Indian-listed mining company Vedanta
in England. The Vedanta decision was frequently cited in
Tuesday's hearing, as lawyers for the Nigerian communities and
Shell contested whether the cases were similar.

(Reporting by Paul Carsten in Abuja, editing by Ed Osmond and
Pravin Char)

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