The hearing of a case against London firm Leigh Day over a high profile oil pollution settlement is to go ahead without counsel after a High Court judge allowed the claimants to represent themselves from Nigeria.
The eight claimants in the three-day preliminary issue trial allege Leigh Day made unauthorised disbursements from a settlement fund of £55m. The firm denies all allegations.
In the case, Leigh Day acted for residents of the Niger Delta in a claim against Shell following oil spills in 2008 and 2009. The claim was settled in 2014 with Shell agreeing to pay £55m in damages. The settlement was split with £35m for claims by individual citizens in the town of Bodo and £20m on behalf of the community.
The claim brought against Leigh Day, which is still acting for the community in the enforcement of the remediation process, alleges that unauthorised disbursements of £6m were made from the community settlement to an NGO and four Nigerian legal practices.
Leigh Day argues it has at all times acted lawfully and the claimants do not have the right to bring the claim as a representative action.
Appearing before Andrew Twigger KC, sitting as a judge of the Chancery Division, Tiki Emezie, a solicitor advocate who acted for the claimants for an earlier adjournment application, said yesterday they had been unable to find counsel overnight.
Emezie said: ‘This case is of significant importance for the claimants, it is not their fault that things have gone this way. The blame cannot be laid at the door of the claimants.’
Refusing an adjournment request, the judge said: ‘I am not going to grant, I am afraid, any further adjournment. That would be unfair on the defendants who are ready to go now and would be put in difficulties if there is any further adjournment.’
For Leigh Day, Michael Pooles KC invited the judge to make a summary judgment, saying that the claim 'cannot proceed further'.
Emezie, who was not instructed for the trial, said the group members were able to represent themselves and ‘present their case…so the case must go on if there is counsel for the claimants or not’.
Pooles argued it was the first time the claimants had said they could represent themselves. He said: ‘That at the 59th minute at the 11th hour the claimants are in position to pursue this trial is inconceivable.’
The judge said: ‘It seems to me that if the claimants are truly wanting to present their case and are ready to do so then, despite the fact we have lost already a considerable amount of time…if the claimants are in position to proceed…then I have reached the conclusion they should be allowed to do so.’
He added that he was not prepared to extend the time available for the trial.
Jordan Kagbara, representing the claimants, said: 'I have [been] given instruction to go ahead and demand my rights as Bodo, as a Bodo man. I am able to speak on behalf of Bodo.'
In opening submissions, Pooles told the court that Leigh Day had acted on the instructions of the current members of ruling councils at all material times.
The trial continues.
