London is becoming the home of climate litigation |
The British high court is currently preparing to hear a case that will be conducted in accordance with Filipino law. While this may seem strange, increasingly disasters in far off lands are being litigated in British courts – and because of an obscure inherited piece of EU law, Rome II, the law of the country where the damage took place applies, rather than British law.
Surely, except in the most exceptional circumstances, a tragedy that occurs abroad should be litigated in the courts of that country?
Surely, except in the most exceptional circumstances, a tragedy that occurs abroad should be litigated in the courts of that country?
In the Filipino case, Shell is the defendant, a company which provides around a fifth of the fuel used in the Philippines. In 2021 there was a typhoon which killed around 400 people in the country. This was tragic, but not unusual by historic standards; the 1912 Philippines typhoon killed over 15,000.
Yet rather than geography, poor infrastructure or the tropical typhoon season being blamed for the disaster, the finger has been pointed at Shell. Why? Because according to the claimants, the company is to blame for accelerating climate change, making the typhoon more deadly.
On its face, the case makes little sense. Shell may provide the Philippines with oil, but that it is........