A UK High Court has ruled that allegations that witnesses who gave evidence on behalf of Shell may have misled the court can be examined before the full trial of a long-running oil pollution case involving communities in Nigeria’s Niger Delta.
The ruling follows hearings held in July 2026 over claims brought by communities in Bille, Rivers State, who allege that oil pollution linked to Shell has caused extensive damage to their land, waterways and livelihoods.
The disputed evidence was reportedly given between 2016 and 2021 during earlier proceedings in the UK courts, as Shell challenged whether the claims should be heard in England.
Shell had argued that the case should be handled in Nigeria and relied partly on evidence concerning the relationship between Shell Nigeria and its UK-based parent company, Shell Plc. However, the UK Supreme Court unanimously rejected Shell’s jurisdiction arguments in 2021, clearing the way for the substantive claims to continue.
The Bille communities are now seeking aggravated damages and allege that Shell knowingly relied on false or misleading statements from witnesses in an effort to prevent the case from proceeding in the English courts.
Shell’s lawyers had argued that the allegations surrounding the witness evidence should only be addressed after the main trial, particularly if the communities succeeded in their claims.
The High Court, however, rejected that approach, ruling that the issue should be considered before the substantive trial because it could affect the credibility of witnesses Shell plans to rely on.
A separate hearing is expected to examine whether communications between Shell and its internal and external lawyers concerning the disputed evidence should remain protected by legal professional privilege.
The communities argue that Shell forfeited that protection through alleged improper conduct.
The court also rejected parts of Shell’s challenge to the communities’ amended pleadings and confirmed that the claimants can argue that Shell is responsible for pollution affecting Bille even where it may be impossible to identify every individual spill that contributed to the overall contamination.
The court further clarified that the communities’ claims are not “all or nothing” or “global claims.”
The decision could have broader implications for environmental lawsuits involving multiple pollution incidents, particularly in areas where affected communities cannot easily identify every spill or establish the precise contribution of each incident to the damage suffered.
The substantive trial is scheduled to begin at the UK High Court in May 2027.
The case comes amid increasing scrutiny of Shell’s decades-long environmental record in Nigeria, with previously disclosed company documents raising questions about the condition and operation of oil infrastructure in the Niger Delta.
The communities say years of oil pollution have severely affected fishing, wetlands and mangrove ecosystems in Bille and surrounding areas.
Leigh Day international partner Matthew Renshaw welcomed the ruling, saying the communities were pleased that the court had recognised the importance of examining whether Shell’s witnesses provided false or misleading evidence during the earlier proceedings.
Shell’s position on the allegations will be tested as the legal battle continues toward the 2027 trial.
