Litigation – Royal Dutch Shell Plc .com http://royaldutchshellplc.com News and information on Royal Dutch Shell Plc Mon, 21 May 2018 20:56:32 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.5 https://i0.wp.com/royaldutchshellplc.com/wp-content/uploads/2017/04/cropped-Screen-Shot-2017-03-31-at-15.44.47.jpg?fit=32%2C32 Litigation – Royal Dutch Shell Plc .com http://royaldutchshellplc.com 32 32 4172002 Nigeria: Court Fixes Tomorrow to Rule On N122bn Judgment Debt Against Shell, FBN http://royaldutchshellplc.com/2018/05/21/nigeria-court-fixes-tomorrow-to-rule-on-n122bn-judgment-debt-against-shell-fbn/ http://royaldutchshellplc.com/2018/05/21/nigeria-court-fixes-tomorrow-to-rule-on-n122bn-judgment-debt-against-shell-fbn/#respond Mon, 21 May 2018 20:56:32 +0000 http://royaldutchshellplc.com/?p=96855 Nigeria: Court Fixes Tomorrow to Rule On N122bn Judgment Debt Against Shell, FBN was first posted on May 21, 2018 at 9:56 pm.
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Justice Ibrahim Buba of the Federal High Court in Lagos has fixed tomorrow to rule on the garnishee proceedings filed by some Ogoni chiefs from Ejama community in Rivers State against the Central Bank of Nigeria (CBN) and First Bank of Nigeria Limited for their failure to pay a N122 billion judgment debt against Shell Petroleum Development Company Limited (SDPC). The judge also fixed the same day to rule on whether to jail the Chairman of First Bank, Mrs. Ibukun Awosika, for failing to pay the amount as ordered by a Federal High Court in Owerri, Imo State. Justice Buba fixed the date after hearing all the applications filed by the different parties in the suit last Friday. In the substantive suit, the Ogoni chiefs had sued the Royal Dutch Shell Plc, Netherlands; Royal Dutch Shell Plc, United Kingdom and SPDC over alleged oil spills that occurred when Shell operated in the community at the Federal High Court in Port Harcourt. FULL ARTICLE

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Nigeria: Court Fixes Tomorrow to Rule On N122bn Judgment Debt Against Shell, FBN was first posted on May 21, 2018 at 9:56 pm.
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Netherlands: More than 50 lawsuits loom large as Shell holds AGM http://royaldutchshellplc.com/2018/05/21/netherlands-more-than-50-lawsuits-loom-large-as-shell-holds-agm/ http://royaldutchshellplc.com/2018/05/21/netherlands-more-than-50-lawsuits-loom-large-as-shell-holds-agm/#respond Mon, 21 May 2018 16:02:56 +0000 http://royaldutchshellplc.com/?p=96848 Netherlands: More than 50 lawsuits loom large as Shell holds AGM was first posted on May 21, 2018 at 5:02 pm.
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As oil giant Shell prepares for its annual shareholders meeting in The Hague tomorrow, Amnesty International is drawing investors’ attention to dozens of national and international lawsuits that are currently underway against the company and that could potentially cost it millions. Amnesty International has joined forces with four other NGOS – Global Witness, Groninger Bodem Beweging, Greenpeace and Milieudefensie – to hold a pop-up ‘exhibition’ at the meeting, showcasing details of 16 of the active lawsuits against Shell.

“Decades of irresponsible business practices have landed Shell in a legal maze. Shell staff and investors meet tomorrow under the shadow of more than 50 lawsuits relating to involvement in historic human rights abuses, corruption and environmental destruction,” said Mark Dummett, Business and Human Rights Researcher at Amnesty International.

“We want investors to wake up to the human and environmental cost of Shell’s utter disregard for anything other than its profit margins. That’s why everyone who walks through the door of tomorrow’s meeting will be greeted by photographs of the plaintiffs who are battling Shell for justice, and details of the shocking allegations they are bringing against the company.”

The exhibition will highlight 16 lawsuits including:

  • A case brought against Shell in June 2017 by four Nigerian women accusing it of complicity in the unlawful killings of their husbands in 1995. The execution of the Ogoni 9 was the culmination of a brutal military campaign to silence protests against Shell pollution.
  • Criminal investigations by six countries (Italy, The Netherlands, Nigeria, Switzerland, the UK, the US) into Shell’s involvement in corruption in Nigeria
  • A series of lawsuits filed by cities and counties in the US, and an investigation by the Philippines Human Rights Commission, relating to how Shell and other energy companies have contributed to climate change.
  • A Dutch criminal investigation into earthquake damages caused by Shell and ExxonMobil’s operations in Groningen, the Netherlands.

Meanwhile, Shell will be in court in London again tomorrow in an ongoing legal tussle with the Bodo community, from the Niger Delta, over Shell’s failure to clean up the contamination of two massive spills in 2008.

“The fact that this important hearing coincides with Shell’s annual meeting demonstrates the astonishing frequency with which Shell appears in the courtroom,” said Mark Dummett.

Amnesty International and the other organizations are calling for investors to use their influence over Shell’s management to ensure the company improves on its record on the environment and human rights.

SOURCE

RELATED

Investigate Shell for complicity in murder, rape and torture

Nigeria: Amnesty activists uncover serious negligence by oil giants Shell and Eni

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Don’t neglect to pay the middleman: How Shell and Eni ended up on trial http://royaldutchshellplc.com/2018/05/21/dont-neglect-to-pay-the-middleman-how-shell-and-eni-ended-up-on-trial/ http://royaldutchshellplc.com/2018/05/21/dont-neglect-to-pay-the-middleman-how-shell-and-eni-ended-up-on-trial/#respond Mon, 21 May 2018 07:50:16 +0000 http://royaldutchshellplc.com/?p=96841 Don’t neglect to pay the middleman: How Shell and Eni ended up on trial was first posted on May 21, 2018 at 8:50 am.
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REUTERS STAFF: 21 MAY 2018

* Shell, ENI face corruption trial over oil deal in Nigeria

* Trial follows civil court cases fought by middlemen

* Key issues in the trial emerged during civil cases

By Libby George and Shadia Nasralla

LONDON, May 21 (Reuters) – Seven years ago, two middlemen launched civil lawsuits to seek payment for helping arrange a $1.3 billion oil deal in Nigeria.

Now, nine current and former executives or contractors from Italy’s Eni and British-Dutch giant Royal Dutch Shell , including ENI Chief Executive Claudio Descalzi, have been accused by Italian prosecutors of paying bribes to secure the licence to explore a large offshore oilfield in 2011.

If found guilty, the individuals on trial face possible jail terms for bribery. All deny wrongdoing, as do Shell and Eni.

The criminal trial will proceed in Milan on June 20 after a short initial hearing on May 14.

Some of the key issues in the trial came to light during the two separate civil suits filed by a Nigerian, Emeka Obi, and a former Russian diplomat, Ednan Agaev, a Reuters review of court filings shows.

Both men said they were owed millions of dollars by a Nigerian company, Malabu Oil and Gas, for arranging meetings with Shell and Eni.

The judge in Obi’s case upheld evidence that Obi arranged meetings between former Nigerian oil minister Dan Etete, who was convicted of money laundering in an unrelated case in France in 2007, and representatives of Eni, and that he negotiated on Etete’s behalf with Shell.

In addition, documents produced in Agaev’s case showed that when Eni and Shell paid for the licence, they deposited more than $1 billion into a Nigerian government escrow account in London but most of the money later ended up with Malabu, which was controlled by Etete, the judge said.

The judges found that, in a conflict of interests, Etete had a stake in Malabu and was also oil minister when the Nigerian government awarded the company the licence to explore the field in 1998, a decision that was reversed in 2001, reinstated in 2006 and later challenged by Shell.

These details helped Italian prosecutors put together their case, industry insiders say.

Etete denies charges of bribery for channelling money from the deal to Nigerian politicians. He and his lawyers did not respond to requests for comment by phone and email.

Shell said by email that if improper payments are shown to have taken place, they were not made with Shell’s “knowledge, authorisation or on its behalf.” It said it believes the judges will find there is “no case” against Shell or its ex-employees.

Eni said by email that it could not comment on the case. It has previously said it concluded the deal with the Nigerian government without the involvement of intermediaries and that it had no commercial agreement with Malabu.

LEGAL BATTLES

Eni and Shell said they were unable to confirm who owned Malabu when they acquired Oil Prospecting Licence (OPL) 245.

But in her decision on Obi’s civil case in London in July 2013, Lady Justice Elizabeth Gloster upheld Etete’s control of Malabu, court records show. Basing her decision on testimony and documents, she said Etete had a stake in Malabu when it was awarded OPL 245 in 1998 and had been “the principal beneficial owner” since later that year.

She said Obi had meetings with Shell representatives before the OPL 245 deal, though she did not say how many, and that he frequently met officials from Eni.

On one occasion, Etete, Descalzi, Obi and Agaev sat together in a Milan restaurant at a dinner for the “the main personalities” to meet and assess the seriousness of their intentions, she said.

She said Obi should be awarded at least $100 million for his work as a “dealmaker”, the court records show.

Agaev launched arbitration to seek a $65 million fee from Malabu for his work as a go-between and eventually reached an out-of-court settlement, details of which were not disclosed.

While the arbitration was under way, he asked a court in New York to freeze a Nigerian government account in London that held $74 million, most of it due to be transferred to Malabu.

The court said it had no authority to freeze the money but reviewed documents showing Eni and Shell had deposited just over $1 billion into the account as payment for OPL 245 in May 2011.

A further $208 million was released from escrow as a “signature bonus” for the government, court records show.

Around $800 million was transferred to Malabu in August 2011 and the rest was frozen pending the civil cases.

Agaev declined to comment about his civil case or the Milan trial. Obi could not be reached for comment and attorneys who have represented him declined to pass on his contact details.

Eni and Shell said their payments were above board as they went directly to the Nigerian government. JP Morgan Chase, which ran the escrow account, has denied negligence.

(Editing by Timothy Heritage)

SOURCE

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Don’t neglect to pay the middleman: How Shell and Eni ended up on trial was first posted on May 21, 2018 at 8:50 am.
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Personal Intervention of Judy Moody-Stuart In Donovan/Shell battle http://royaldutchshellplc.com/2018/05/18/personal-intervention-of-judy-moody-stuart-in-donovan-shell-battle/ http://royaldutchshellplc.com/2018/05/18/personal-intervention-of-judy-moody-stuart-in-donovan-shell-battle/#respond Fri, 18 May 2018 14:05:07 +0000 http://royaldutchshellplc.com/?p=96828 Personal Intervention of Judy Moody-Stuart In Donovan/Shell battle was first posted on May 18, 2018 at 3:05 pm.
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Extracts from the ebook “John Donovan, Shell’s Nightmare” (now available on Amazon websites globally)

Extracted from pages 118 & 119.

The Smart trial commenced on 15th June 1999 in Court 58 on the 7th Floor of the modern air-conditioned Thomas More Building at the Royal Courts of Justice in London.

At the start of the trial the Judge, Mr. Justice Laddie QC, commented that it was one of the most unpleasant cases that had ever come before him, with both sides making extremely serious allegations against each other.

Personal Intervention of Judy Moody-Stuart

Days before the Smart trial commenced, a magazine published an article containing a reference to an extraordinary personal intervention by Judy Moody-Stuart, the Quaker wife of the Shell Chairman, Mark Moody-Stuart. (Now Sir Mark & Lady Judy Moody-Stuart).

Extract

The latest part of the claim has seen Donovan set up a website attacking Shell, he has also picketed the Shell Centre at Waterloo and disrupted the oil giant’s 100th Anniversary AGM. The latest bizarre development in the case is an intervention in the form of a letter from the wife of Mark Moody-Stuart, the head of Shell International. In her letter to Donovan, Judy Moody-Stuart pleads with Donovan to stop attacking her husband saying ‘I’ve had enough of reading your miserable destructive comments about a great group of people, Shell people, and their organisation’. She then urges Donovan to spend his time working for the charity Centrepoint before wishing him ‘good luck in coming to terms with the world.’

Her well-meaning intervention, which had a significance that will become apparent, was brought to the attention of the trial judge, Mr. Justice Laddie who was appointed to hear my case against Shell and Shell’s Counterclaim against Don Marketing, my father, and me.

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Sunday Telegraph

6 June 1999

Promotions expert claims Shell stole his Smart card idea

by DAVID HARRISON

Pump action: John Donovan has fought Shell for six years

A BUSINESSMAN who claims Shell stole his ideas for its internationally successful Smart card promotion scheme, is this week launching a multi·million pound lawsuit against the oil company.

If John Donovan wins he stands to collect millions. If he fails he will lose everything – including his home.

The case – alleging breach of contract and misuse of confidential information – opens in the High Court on Thursday and is expected to last three weeks with costs running up to £1 million.

Mr Donovan, 52, says that Shell took his ideas – which he gave to it in confidence – and developed them without consulting or paying him.

“I want what I am entitled to and I want the world to see that Shell is not the company it claims to be in its glossy propaganda brochures,” he said.

Shell denies the allegations and is counter·claiming £100,000 for breach of a confidentiality agreement.

Richard Wiseman, its legal director, said Mr Donovan was “misguided” and had been wrongly encouraged by Shell’s previous payments.

Mr Donovan has received £60,000 and another substantial undisclosed sum in settlements from Shell after claiming the theft of other ideas.

Mr Wiseman said Mr Donovan’s expertise was no longer appropriate for the type of promotions Shell was doing.

The court case is the culmination of a six·year campaign by Mr Donovan and his father, Alfred, 82, which has seen them picket Shell’s London headquarters and buy two Shell shares each to give them access to annual general meetings.

At risk in the latest action is their detached home near Bury St Edmunds, Suffolk.

The Donovans began devising promotion schemes in the late Sixties when Mr Donovan senior owned a chain of petrol stations in East London and Essex.

In 1981 they struck their first deal with Shell for a “Make Money” promotion scheme – in which petrol purchasers had to find two matching halves of a “bank-note”. Shell gave them £500 to help to develop the idea.

The scheme was a success and others followed: a £4.5 million Mastermind promotion; a scratch card game offering £2·5 million of food prizes from Harrods; a card game endorsed by Bruce Forsyth; and a £4’5 million Star Trek promotion.

“We were putting up ideas in confidence,” Mr Donovan said. “We both respected that. We worked exclusively with Shell on a handshake basis.” Mr Donovan’s company, Don Marketing, was paid about £50,000 for each idea plus a percentage of printing costs and other fees.

But the relationship changed in 1992 when Shell appointed a new national promotions manager, he said.

In April 1994, Mr Donovan issued a writ against Shell over the use of a “Make Money” scheme. He threatened to sue each of Shell’s 2,000 forecourt businesses.

He accepted a £60,000 settlement and continued to fight Shell over a Nintendo promotion and a film promotion called “Now Showing”.

The Donovans formed a pressure group, The Shell Corporate Conscience Pressure Group. In October 1996 Shell paid another, larger, sum to settle the outstanding claims.

In March 1997, when Shell launched the Smart loyalty card, an ambitious promotion involving companies such as Woolworth and British Airways, Mr Donovan claimed that it was almost identical to a scheme he had first proposed in 1989. He claims that the oil company took an option on it in 1990.

He also alleges that Shell used an undercover investigator, Christopher Phillips, to look into his financial affairs. Shell’s lawyers admit that they hired Mr Phillips, but only to carry out “routine credit inquiries”.

Promotions expert claims Shell stole his Smart card idea

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Personal Intervention of Judy Moody-Stuart In Donovan/Shell battle was first posted on May 18, 2018 at 3:05 pm.
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Shell, Eni trial on Nigeria corruption re-adjourned to June http://royaldutchshellplc.com/2018/05/14/shell-eni-trial-on-nigeria-corruption-re-adjourned-to-june/ http://royaldutchshellplc.com/2018/05/14/shell-eni-trial-on-nigeria-corruption-re-adjourned-to-june/#respond Mon, 14 May 2018 15:33:49 +0000 http://royaldutchshellplc.com/?p=96794 Shell, Eni trial on Nigeria corruption re-adjourned to June was first posted on May 14, 2018 at 4:33 pm.
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Reuters Staff: MAY 14, 2018

MILAN (Reuters) – The trial of top executives from oil majors Eni (ENI.MI) and Shell (RDSa.L) over alleged corruption in Nigeria kicked off on Monday with a brief procedural hearing and a decision to re-adjourn next month.

At the next hearing, set for June 20, the Milan court said it would assess requests from third parties, including a series of international non-profit organizations, to join the case.

At Monday’s hearing Domenico Cartoni Schittar, a lawyer representing the Nigerian government, said he was stepping down from his role. 

In comments in a signed document seen by Reuters, Cartoni Schittar said he had given up on a mandate which he said had become “awkward”.

The long-running graft case revolves around the 2011 purchase by Eni and Shell of Nigeria’s OPL-245 offshore oilfield for about $1.3 billion.

Milan prosecutors allege bribes were paid to win the license to explore an oil block that holds an estimated 9 billion barrels of oil but which has never entered into production.

Global Witness, a campaign group that has conducted its own investigations, has described the case as one of the biggest corruption scandals in the history of the oil industry.

Eni CEO Claudio Descalzi and former Shell Foundation Chairman Malcolm Brinded are standing trial along with 11 other defendants and the two companies. 

All the accused have denied any wrongdoing.

The former Shell executives involved in the case have claimed a procedural error was made when the original ruling to send the case to court was taken and have applied to Italy’s Supreme Court to void it.

The Supreme Court is scheduled to judge that appeal on June 12.

Reporting by Emilio Parodi, writing by Stephen Jewkes, editing by Susan Fenton.

SOURCE

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Shell, Eni trial on Nigeria corruption re-adjourned to June was first posted on May 14, 2018 at 4:33 pm.
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