Oil leaks and the passage of time: The starting point of the statute of limitations in cases of multilocalized harmful events with continuous effects
Muir Watt, Horatia
Oil leaks and the passage of time: The starting point of the statute of limitations in cases of multilocalized harmful events with continuous effects - 2024.
14
In an opinion written by Lord Burrows and unanimously endorsed by Lords Reed (Chairman), Briggs, Kitchin, and Sales, the UK Supreme Court dismissed the appeal against the decision of the Court of Appeal ([2021] EWCA Civ 63), which had itself ruled in the same direction as the High Court1. With regard to the starting point of the limitation period for a tort action in nuisance (damage to the property of others), which is a prerequisite for any determination of jurisdiction over entities belonging to the Shell group, a distinction must be made on whether the harmful event is of a continuing nature. In this case, the leakage of an oil slick from a pipeline belonging to the defendants at the Bonga offshore site in Nigeria does not fall into the category of a continuing harmful event. As a result the action is deemed untimely under both English and Nigerian law.
Oil leaks and the passage of time: The starting point of the statute of limitations in cases of multilocalized harmful events with continuous effects - 2024.
14
In an opinion written by Lord Burrows and unanimously endorsed by Lords Reed (Chairman), Briggs, Kitchin, and Sales, the UK Supreme Court dismissed the appeal against the decision of the Court of Appeal ([2021] EWCA Civ 63), which had itself ruled in the same direction as the High Court1. With regard to the starting point of the limitation period for a tort action in nuisance (damage to the property of others), which is a prerequisite for any determination of jurisdiction over entities belonging to the Shell group, a distinction must be made on whether the harmful event is of a continuing nature. In this case, the leakage of an oil slick from a pipeline belonging to the defendants at the Bonga offshore site in Nigeria does not fall into the category of a continuing harmful event. As a result the action is deemed untimely under both English and Nigerian law.
Réseaux sociaux