In a previous post on Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 459 (TCC), a case concerning an oil spill off the coast of Nigeria, we noted that, unusually, the litigation had been brought as a representative action under CPR Part 19.
This was commented on by the judge, who noted that there could be serious issues in respect of the requirement for all the claimants to have suffered the “same damage” (based on the Court of Appeal’s restrictive approach in Lloyd v Google LLC [2019] EWCA Civ 1599 at [73]–[81]).
These comments have now been seized upon by the Defendant, who has suggested that the claim should be struck out on a number of grounds, including that “the action is not a “representative action” because there is insufficient identity of interest between the Claimants”.
The judge in a short judgment has directed that the application for strike out will be dealt with at a hearing at the end of May 2020.