1 Mar 2021: Author: Channa Samkalden, Prakken d’Oliveira
Lawyers’ insights on corporate legal accountability: Channa Samkalden, Prakken d’Oliveira, Netherlands

Channa Samkalden reflects on the decision of the Hague Court of Appeals in the lawsuit against Shell in the Netherlands regarding oil pollution in Nigeria.
1.Why is this case important?
The case is important because it was one of the first cases to argue parent company liability – and (as far as I know) it became the first where a parent company duty of care for the activities of a subsidiary abroad was indeed established. Oil pollution in the Niger Delta has been an immense problem for decades – and Shell has never really been held accountable for it. A crucial first step was taken in 2015 when the Court of Appeal of The Hague confirmed the jurisdiction of the Dutch courts and opened the route to justice for the Nigerian farmers and Friends of the Earth. Five years later the court concluded that Shell Nigeria must pay compensation and that Royal Dutch Shell must see to it that a Leak Detection System is installed on the Nigerian pipeline.