HT-2013-000028 - [2025] EWHC 847 (TCC)

There are before the court today three matters. Some of the submissions have ventured into other areas, but it is not necessary for me to go beyond the three matters that were listed before the court. I intend now to give judgment in respect of all three matters. I should say at the outset that I will be perhaps a little briefer than I would like to have been, given the shortage of time. I would emphasise that I have been greatly assisted by the submissions of counsel, particularly today, with significant efforts made to reduce the scope of the arguments and focus on key issues, and the fact that I do not mention any particular submission that has been made to me - and I hope this will be obvious from my interventions in the course of the hearing - does not mean that it has been ignored in some way.

The background to this matter is set out at considerable length in earlier judgments of Mr Justice Akenhead [2014] EWHC 1973 (TCC), Mrs Justice O'Farrell [2024] EWHC 276 (TCC) and Mrs Justice Joanna Smith given on 19 November 2024. In the circumstances of this application, I do not intend to repeat the background that is set out in those judgments.

It is sufficient to say that this case concerns two major oil spills in 2008. The defendant's position is now that a successful clean-up operation has been carried out and certified by the relevant regulator in Nigeria. The claimant's position is that the clean-up has not been adequate and they seek an injunction requiring the clean-up to be carried out to "higher" standards or damages in lieu.