Jalla and another (Appellants) v Shell International Trading and Shipping Company and another (Respondents)
Case ID: 2021/0050
Case summary
Issue
Does pollution caused to land and waterways by an offshore oil spill constitute a continuing nuisance with fresh causes of action accruing until such time as the oil is cleared up, or it eventually disappears of its own accord, in circumstances where the event causing the pollution occurs only once?
Facts
At the Bonga oil field, 120km off the coast of Nigeria, oil is extracted using a mobile oil rig. The oil is sent from the mobile rig, via submersible flexible flow lines, to a mooring buoy and is then loaded onto oil tankers. On 20 December 2011, there was a leak from one of the flexible flowlines between the rig and mooring buoy while oil was being transferred onto a ship (the 'Spill'). The Spill comprised at least 40,000 barrels and was one of the largest spills in Nigerian oil exploration history.
The Appellants allege that the oil migrated from the offshore Bonga oil field to reach the Nigerian Atlantic shoreline where they claim it has had a devastating impact. Although the Respondents dispute these claims, it is assumed for the purposes of this appeal that some quantity of oil reached the Nigerian Atlantic shoreline within weeks of 20 December 2011. Because the claims against the first Respondent, STASCO, were commenced over six years after the oil is alleged to have first reached the shoreline, the claim would be statute barred unless it involved a 'continuing nuisance'. The High Court held that the nuisance alleged by the Claimants could not constitute a continuing nuisance and thereby extend the limitation period. The Claimants appealed to the Court of Appeal, who dismissed the appeal. The Claimants now appeal to the Supreme Court.
Judgment appealed
Parties
Appellant(s)
Harrison Omotsola Jalla and others
Respondent(s)
Shell International Trading and Shipping Company and another
Appeal
Justices
Lord Reed, Lord Briggs, Lord Kitchin, Lord Sales, Lord Burrows
Hearing start date
29 March 2023
Hearing finish date
30 March 2023
| Watch hearing | ||
|---|---|---|
| 29 March 2023 | Morning session | Afternoon session |
| 30 March 2023 | Morning session | Afternoon session |
Judgment details
Judgment date
10 May 2023
Neutral citation
[2023] UKSC 16
- Judgment (PDF)
- Press Summary (PDF)
- Judgment on The National Archives (HTML version)
- Press Summary on The National Archives (HTML version)
- Judgment on BAILII (HTML version)
| Watch Judgment summary | |
|---|---|
| 10 May 2023 | Judgment summary |