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Shell defamatory posters, leaflets and press releases attacking Donovan

By John Donovan

My families falling out with Shell took place over two decades ago.

Some indication of the degree of acrimony can be gauged from the content of posters Shell put on public display on 23 September 1998 at the Shell Centre in London, specifically targeting my father and me. I have never heard of a multinational corporation doing anything like this before or since.

This is what the posters said:

YOU MAY BE HANDED A LEAFLET OUTSIDE SHELL CENTRE BY MR ALFRED DONOVAN, FORMALLY OF A COMPANY CALLED DON MARKETING UK LIMITED.  YOU SHOULD BE AWARE THAT JOHN DONOVAN, A DIRECTOR OF DON MARKETING UK LIMITED, MR ALFRED DONOVAN’S SON, HAS ISSUED A WRIT AGAINST SHELL UK CLAIMING THAT HIS COMPANY INVENTED THE SMART LOYALTY CARD PROGRAMME.  MR DONOVAN’S ALLEGATIONS HAVE BEEN VERY CAREFULLY INVESTIGATED BY SHELL UK AND DISCUSSED IN DETAIL WITH MR DONOVAN AND HIS SOLICITORS. THE CLAIM IS BEING VIGOROUSLY DEFENDED.  AS SOME OF YOU MAY KNOW, MR DONOVAN HAS MADE SOME OFFENSIVE STATEMENTS ABOUT SHELL UK COLLEAGUES. WE REJECT SUCH ALLEGATIONS ABSOLUTELY AND ARE WHOLLY CONFIDENT THAT OUR COLLEAGUES HAVE ACTED IN THIS MATTER AT ALL TIMES IN GOOD FAITH AND IN LINE WITH OUR LONG STANDING BUSINESS PRINCIPLES. read more

Shell/Petrobras: a partnership of corrupt oil giants

The Brazilian Petrobras Scandal: The Brazilian oil giant Petrobras is the largest company in the Southern Hemisphere. On November 14, 2014, a series of police raids netted politicians and Petrobras bigwigs who had paid $2 billion in bribes… Now we have news that Petrobras is linking up with Royal Dutch Shell, which is currently mired in a billion dollar scandal: OPL 245…

Shell and Petrobras sign technical cooperation agreement to strengthen deep water partnership

Posting on Shell Blog by Bogus Group

Shell MoU with Petrobras and their partnership to share experience on cost efficiency and use of technology.

Déjà vu springs to mind (Daily Telegraph 01 March 2012) on BG Group finance of $1.8bn from Brazilian Development Bank to fund interests offshore Brazil (was this the same interests that Chapman demanded his cohorts in Brazil disclose over estimated reserves?).

Daily Telegraph 14 May 2013 also noted Chris Finlayson rhetoric to “keep up the pace with huge discoveries” and focusing on “value over volume”, leaving the company “lean and agile”. read more

SHELL STILL TRYING TO GET AWAY WITH MURDER – LITERALLY

Thurgood Marshall U.S. Courthouse, New York, New York

An important decision day for Esther Kiobel in the above U.S. Courthouse tomorrow, Tuesday 12 Sept 2017 in her epic attempt to bring Shell to Justice for complicity in the murder of her husband Dr. Barinem Kiobel, one of the  Ogoni Nine. She is seeking more than 100,000 Shell discovery documents stored in a secure US warehouse. 

“Who doesn’t love a good discovery fight? And this one involving Cravath, Swaine & Moore is a doozy, with ramifications that extend literally across the planet.”

By John Donovan

The text shown in red is an extract from an article by Jenna Greene from The Litigation Daily published in the US yesterday under the headline “Cravath in the Crosshairs”.

Cravath, Swaine & Moore are Shell’s lawyers. In 2013 they managed to torpedo on jurisdiction grounds a 2002 US lawsuit against Shell led by Esther Kiobel. After over a decade of litigation to stop the case from being heard, Cravath won a US Supreme Court decision in 2013 on that important point of law, without her charges against Shell  ever being considered. read more

‘Ogoni cleanup has been politicised due to diverse interests’

What, in your view, is actually delaying the cleanup of Ogoni land for over two years after the Federal Government announced its commencement?
The cleanup process was flagged off with funfair and with raised expectations that things will be done in Ogoni. But we have seen clearly that the cleanup process of Ogoniland has been politicised and the diverse interests in the process has not been properly managed to the extent that there are different expectations from different interest groups. This is one of the serious problems why the cleanup has not commenced. And because it has been politicised, the flag off itself is a mere political statement with what we have seen. Two years down the line, not a drop of oil has been cleaned up. read more

Will Oprah Winfrey portray Esther Kiobel in a movie about her epic battle with Shell? 

If Esther does eventually win her case, it will make the Erin Brockovich story look a tea party by comparison.

By John Donovan

The above headline may be premature but it really could be just a matter of time.

Last Thursday, 31 August, an application was filed with the United States Court of Appeals for the Second Circuit to film an appeal hearing made by Shell’s US lawyers Cravath, Swaine & Moore opposing an order made by a federal judge in favour of Esther Kiobel.

The application was made by Freke Vuijst a US correspondent of Dutch media and also covers her cameraman Martijn Hart. The applicant reveals that she is currently involved in the making of a film documentary about the case. The application says: “The above mentioned case is of direct interest to the Dutch public, since Esther Kiobel filed a case in the Netherlands.” read more

Another North Sea Storm for Shell

UPDATED WITH ARTICLE COMMENTS RECEIVED SINCE PUBLICATION, INCLUDING FROM BILL CAMPBELL

By John Donovan

It is getting on to 20 years since Shell safety expert Bill Campbell led an HSE audit team which exposed a “Touch Fuck All” culture in relation to maintenance and safety issues on Shell’s Brent Bravo platform. After two decades of promises by Shell to give safety the highest priority, Shell has just been ordered to shut down its North Sea Armada platform on similar grounds. This follows weeks after the issuance of a prohibition notice by HSE inspectors in relation to Brent Charlie. (See links below).  read more

Scandal-tarred Malcolm Brinded becomes President of Energy Institute

Malcolm Brinded, a former executive director of Shell, also urged the UK Government to provide the greater certainty around energy policy. In his first interview since becoming Energy Institute (EI) president in July, Mr Brinded warned failure to do so could mean missing out on ambitious oil production targets. Mr Brinded, who spent 38 years at Shell… FULL ARTICLE

BHP Billiton unveils board shake-up as two directors depart

23 AUGUST 2017 • 11:07AM

The world’s largest mining company is to shake up its board after two directors announced they would be stepping down – one after just six months. The FTSE 100 group also announced that former Shell executive Malcolm Brinded would be stepping down after three years on the board as a non-executive. Mr Brinded would not be seeking re-election “given his involvement in ongoing legal proceedings in Italy relating to his prior employment with Shell”, Mr Nasser said. Shell, where Mr Brinded was a director for 10 years until 2012, is facing an investigation over alleged corrupt payments to acquire an oilfield off the shore of Nigeria in 2011.  read more

Malcolm Brinded suffers fall out from OPL 245 scandal

By John Donovan

Former Royal Dutch Shell boss Malcolm Brinded has been replaced as a director of BBHP Billiton. His departure is a direct result of his key role in the OPL 245 corruption scandal and the consequential criminal prosecution underway in the Italian Courts. Brinded was involved in a string of scandals at Shell but thus far, has managed to escape retribution. 

A shake-up at the board of mining company BHP Billiton has been announced this morning. But it is the departures that are more interesting. The firm says that, “given his involvement in ongoing legal proceedings in Italy relating to his prior employment with Shell”, Malcolm Brinded has decided not to stand for re-election as a non-exec. FULL ARTICLE (RELATED: OPL 245: Shell email intercepts) read more

Shell/NPDCl Attempt to Resume Oil Production in Ogoniland

By Fegalo Nsuke, MOSOP Publicity Secretary: We disapprove of Shell’s attempt to re-enter Ogoniland. We accuse them of the killings of 1995 and for the death of over 3000 persons. We accuse them of the ruin of over 10 Ogoni communities whose inhabitants remain in exile. We accuse them of genocide in Ogoniland and for the complete destruction of our environment.

I do not how best to describe Shell Nigeria and her new ally, the Nigerian Petroleum Development Company (NPDC), both of which have exhibited a very high level of irresponsibility in Ogoniland.

On Thursday, August 4, led by the president of the Movement for the Survival of the Ogoni People (MOSOP) the Ogoni people protested against a surreptitious attempt by Shell to re-enter Ogoniland.

The demonstration clearly represented our disapproval of any form of oil business in Ogoni. We made our position very clear, that no form of oil exploitation should resume in any part of Ogoniland without proper negotiations. read more

Trump Rolls Back Anti-Corruption Efforts in the Oil Industry

By : 11 August 2017

The rule, which was mandated by a law co-sponsored by former Republican Senator Richard Lugar, of Indiana, and Democratic Senator Ben Cardin, of Maryland, was designed to combat bribery and corruption, especially in poor countries governed by kleptocrats. Thirty other countries, including Canada and the members of the European Union, had already adopted similar requirements. Yet the American Petroleum Institute and companies such as ExxonMobil, at the time when Secretary of State Rex Tillerson was still its C.E.O., had lobbied against the rule. They said that it was costly to implement and gave unfair advantage to overseas competitors to which it did not apply. When Trump took power, the lobbyists got their way. read more

FINAL EXTRACT ESTHER KIOBEL WRIT SERVED ON SHELL 28 JUNE 2017

By John Donovan

Published below are the final pages – 113 to 138 – inclusive, from the Writ served on multiple companies within the Royal Dutch Shell Group on 28 June 2017 on behalf of Esther Kiobel. These pages provide supporting information about the claim, including a List of Exhibits. The formatting is not 100% accurate, but the content is correct.

Extract begins

CLAIM

The claimants request the court to enter judgement, provisionally enforceable as far as possible:

  1. to rule that the defendants acted unlawfully towards the claimants and are jointly and severally liable to them for the damage that they have suffered and will suffer in the future as a result of the defendants’ unlawful actions, which damage is to be assessed during separate follow-up proceedings and settled according to the law, all this plus the statutory interest up to the date of settlement in full;
  2. to order the defendants within 21 days of the judgment to compel the CEO of Royal Dutch Shell, in any case the CEO of SPDC, to make a public apology for the role that Shell played in the events leading to the death of the claimants’ spouses and to publish the text of this statement clearly visible on its website, subject to a penalty of €20,000 per day (or a sum to be determined by the court in accordance with the proper administration of justice) that they fail to comply with this order;
  3. to order the defendants jointly and severally to pay the extrajudicial costs;
  4. to order the defendants, jointly and severally, to pay the costs of these proceedings, including the subsequent costs.

The cost of this: €80.42 read more

Kiobel Writ: The Dutch battlefront against Shell

For years, Shell encouraged the Nigerian regime to take (more) effective measures designed to ensure Shell’s return to Ogoniland. Shell did this despite the fact that it had meanwhile learned from experience that in its actions, the regime frequently violated human rights and many people were killed.

By John Donovan

Earlier today we published an article about the latest legal moves on behalf on Esther Kiobel in the US courts against a Shell law firm. We now return to the publication of information about her legal action against Shell in the Netherlands. The numbered paragraphs below are extracted from the 138 page Writ served on multiple Royal Dutch Shell companies on 28 June 2017. As can be seen in the footnotes, the allegations are supported by voluminous evidence.

Extracts begin

8.8 Shell Nigeria Shell operated as a single entity

8.8.1 Introduction read more

Esther Kiobel US Court battle for 100,000 Shell docs continues

Esther Kiobel with legal team and supporters in front of the US Supreme Court in Washington DC, 2012 © Private

Extracts: Cravath put the mountain of Shell discovery items into secure US storage. My guess is that Shell would have preferred an accidental fire. 

Petitioner has already waited over twenty years for a forum that will hear her claims for her husband’s execution. At this point, Petitioner’s co-plaintiffs in the Dutch litigation face increasingly fragile health, and now fear that “further delaying litigation in the Netherlands might impede their ability to bring their claim in the future.”

By John Donovan

Several months ago, a US Federal Judge Alvin K. Hellerstein after carefully considering arguments made by the involved parties ordered Shell’s US lawyers Cravath, Swaine & Moore to give Esther Kiobel access to more than 100,000 Shell discovery documents for use in the Dutch courts. Dutch proceedings against Shell commenced on 28 June 2017.

The Shell internal documents were assembled for Esther Kiobel’s thwarted US action against the oil giant which commenced over a decade ago. That litigation ended with a US Supreme Court decision that she could not bring a human rights claim against Shell in the US for alleged misdeeds committed in Nigeria, including involvement in the judicial murder of the ‘Ogoni 9′. Cravath put the mountain of Shell discovery items into secure US storage. My guess is that Shell would have preferred an accidental fire. read more

$45m claim against Shell Brunei involving another leak

By John Donovan

Amrtur Corporation, a supplier of drill pipes and other oil industry services, has sent a letter before action making a $45m claim against Shell’s Brunei business. The move is said to be triggered by cuts resulting from the fall in oil prices. According to a report in the FT: “Amrtur asserts it suffered lost revenues of B$61.2m ($45m) between 2012 and 2016 due to alleged breaches of its contracts with Brunei Shell Petroleum Company, the 50-50 partnership between the government and Royal Dutch Shell.” read more

Kiobel Writ: Ogoni 9 trial – Shell deception and machination

While Shell publicly stated that it was trying to persuade the regime to abandon the trial using quiet diplomacy, in reality it continued supporting the regime, while negotiating new projects. It also continued actively involving itself in the course of events during the trial.

By John Donovan

The numbered paragraphs below are extracted from the 138 page Esther Kiobel Writ served on multiple Royal Dutch Shell companies on 28 June 2017. More information about the litigation, this time in the Dutch Courts, is provided after the extracts. As can be seen in the footnotes, the allegations are supported by voluminous evidence.

OGONI 9 TRIAL

Extracts begin

8.7 Shell, knowing how the trial would end, allowed its commercial interests to prevail over the fate of the Ogoni 9

315. Through its close involvement with the case and with the regime Shell knew at an early stage that the suspects would not have a fair trial. In July 1995, more than three months before the tribunal was to pass judgment, Anderson reported on a conversation he had had with President Abacha: read more

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