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Posts Tagged ‘Channa Samkalden’

Esher Kiobel v Shell article published in Dutch FT

The Nigerian Esther Kiobel will drag Shell before the Netherlands courts in a civil lawsuit. She holds the oil company responsible for complicity in the death of her husband Barinem Kiobel in 1995. Kiobel has returned to the US courts years after a legal action against Shell. With a view to a trial in the Netherlands Kiobel requested access to documents in the American action that were introduced by Shell. Kiobel claims these documents can prove that Shell colluded with the Nigerian regime to commit human rights violations. A US judge has approved in late December a request to use the documents in a Dutch court. The Dutch lawyer Channa Samkalden representing Kiobel in the Netherlands, says that the aim is to start the case in the Netherlands’ in the first months of this year.  “In the case going to Shell’s liability will be due to the role of the company at the events that led to the death of Kiobels husband,” says Samkalden.

Human Rights Violations

Barinem Kiobel along with environmental activist Ken Saro-Wiwa and seven others who were protesting against oil exploration in the Niger Delta, were executed by the Nigerian military. Because Shell according to Kiobel supported and provided funding to the army in the fight against groups protesting against oil companies in the Niger Delta, the company was complicit in his death.

In 2009, Shell settled a US case for more than $ 15 million with some relatives of the executed Nigerians, who were known as the Ogoni nine, but the case of Kiobel did not lead to a settlement. The US Supreme Court, however, ruled in 2013 that it had no jurisdiction to rule on her claims. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellenergy.website, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net and shell2004.com are all owned by John Donovan. There is also a Wikipedia article.

Shell faces damages over Nigeria oil spill

Speaking to Al Jazeera, Channa Samkalden, a lawyer acting on behalf of the Nigerian farmers, said:  “Overall it’s actually quite a good outcome for us. “At least Shell was held liable for one of the cases. That’s a good start. Also, a very important fact is that the court has said that Shell has a duty to take measures to prevent sabotage, which is of course a principal issue.”

30 Jan 2013

Dutch court upholds just one out of five allegations by Niger Delta farmers against the oil company.

A court in the Netherlands has ruled that Royal Dutch Shell can be held partially responsible for pollution in Nigeria’s Niger Delta region and ordered it to pay damages to one farmer.

The court dismissed on Wednesday four out of five allegations against the oil company. The amount of damages to be paid was to be announced at a later date.

Activists say the case could set a precedent for damage claims related to the foreign activities of multinational companies.

Four Nigerians and interest group Friends of the Earth filed the suit in 2008 in The Hague, where Shell has its joint global headquarters, seeking unspecified reparations for lost income from contaminated land and waterways in the Niger Delta. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellenergy.website, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net and shell2004.com are all owned by John Donovan. There is also a Wikipedia article.

Genie Out Of The Bottle? Lawsuit That May Change The World

October 22, 2012 by Nicholas Bishop

After more than 50 years of oil production the proverbial genie may finally be out of the bottle and warranted compensation looming for the thousands, if not millions of people affected by oil pollution.

In a potentially precedent setting court case, four Nigerian farmers and Friends of the Earth Netherlands [Milieudefensie], an NGO, are suing Royal Dutch Shell, one of the largest multinationals in the world for environmental damage caused by oil spills. Shell, Nigeria’s largest producer of oil has dismissed the claims stating that domestic terrorism in the Niger delta is responsible for more than 75% of all oil spills and made repairing pipelines nearly impossible due to rampant insecurity. A ruling is expected in the case on January 30, 2013. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellenergy.website, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net and shell2004.com are all owned by John Donovan. There is also a Wikipedia article.

Four Nigerian Farmers Take On Oil Giants Shell

By Simona Sikimic: SATURDAY OCTOBER 20, 2012

Law, it is often said is what separates us from the barbarians. But law can also be used to stop so-called civilizing forces from performing barbaric actions abroad. As four Nigerian farmers and fishermen take oil giants Shell to court, this premise will be tested to the maximum.

If they succeed, a new avenue for seeking remuneration, and through it the compliance of more ethical practices, will be secured. If they fail, the cloak of immunity that has for too long surrounded multinationals working in the developing world will be drawn tighter still. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellenergy.website, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net and shell2004.com are all owned by John Donovan. There is also a Wikipedia article.

Shell Faces Oil-Spill Compensation Claims

Updated October 11, 2012, 12:55 p.m. ET

By SELINA WILLIAMS

LONDON—Royal Dutch Shell RDSA +0.28% PLC Thursday appeared in court in the Netherlands for the first time over the actions of one of its foreign subsidiaries, facing compensation claims for environmental damage from oil spills in Nigeria.

The case could set a legal precedent over how Dutch companies are held responsible for the actions of their foreign subsidiaries.

The suit has been brought by environmental group Friends of the Earth Netherlands and four Nigerian farmers, who are seeking compensation over claims that oil spills from Shell pipelines in Nigeria have damaged their livelihood. They also say they want the Anglo-Dutch oil company, headquartered in The Hague, to complete a cleanup of the spills. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellenergy.website, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net and shell2004.com are all owned by John Donovan. There is also a Wikipedia article.

Shell sued for negligence by Nigerian farmers

Four Nigerian villagers are suing Royal Dutch Shell for failing to clean-up oils spills that have destroyed their farms and damaged their health in landmark case that has started in The Hague.

By Louise Armitstead and Emily Gosden: 6:58PM BST 11 Oct 2012

The fishermen and farmers, who are backed by Friends of the Earth, are seeking unspecified damages for polluting land and waterways around their homes. That campaigners said that if successful, the case could open flood-gates to a raft of claims for compensation on Shell and other oil majors.

Channa Samkalden, a lawyer representing the Nigerians, told the court that Shell had allowed its pipelines to fall into disrepair and then had not cleaned up the mess from subsequent leaks. She said: “Shell knew for a long time that the pipeline was damaged but didn’t do anything. They could have stopped the leaks.” read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellenergy.website, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net and shell2004.com are all owned by John Donovan. There is also a Wikipedia article.

Nigeria oil spills: Shell rejects liability claim

11 October 2012 Last updated at 18:34

The Anglo-Dutch oil giant Shell has rejected claims by four Nigerian farmers that it should pay compensation for damage to their land.

The farmers are suing the company in a civil court in The Hague, claiming oil spills ruined their livelihoods.

Shell’s lawyers told the court it could not be held liable because most spills were caused by criminal damage.

They said repairs were hard to carry out because of insecurity in the Niger Delta.

Shell lawyer Jan de Bie Leuveling Tjeenk told the court that sabotage and oil theft were widespread in the region. read more

royaldutchshellplc.com and its sister websites royaldutchshellgroup.com, shellenergy.website, shellnazihistory.com, royaldutchshell.website, johndonovan.website, shellnews.net and shell2004.com are all owned by John Donovan. There is also a Wikipedia article.
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