Alame & Ors v Shell Plc & Anor

The Defendants sought an order preventing the Claimants from running their primary case, that the Defendants are liable for all oil spills that occurred in the region during the relevant time. The Claimants' secondary case is that the Defendants are responsible for 106 spills identified and pleaded by the Claimants.

The Defendants also sought directions that the Claimants’ aggravated damages claim be deferred until the quantum stage of the trial. That claim is brought inter alia on the basis that the Defendants knowingly relied upon false and/or misleading factual assertions during their jurisdiction challenge - including before the Supreme Court - with the intention that those assertions would prevent the claims from continuing.

Lambert J found for the Claimants on both issues.

Abe Chauhan acted for the Claimants alongside Phillippa Kaufmann KC, Anneliese Day KC, Joshua Jackson and Catherine Arnold, instructed by Leigh Day.

The judgment may be found here.