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Alistair Mackenzie in Court of Appeal on Bille and Ogale Group Litigation

Posted: 09/12/2024

The Court of Appeal has given guidance as to the approach to pleadings and case management in group litigation. In doing so, it has emphasised the importance of lead cases and the importance of ensuring that parties are placed on an equal footing. 

The claims in the Bille and Ogale Group Litigation, brought by thousands of claimants, concern oil spills from pipelines and associated infrastructure in the Niger Delta, causing environmental damage. The issues on the appeal concerned whether amendments to the claimants’ pleaded case should be allowed, and whether the claims should be managed and tried by reference to lead cases or a “global claim” model contended for by the defendants.

In rejecting the defendants’ arguments, and finding for the claimants on both appeals, the Court of Appeal confirmed that in group litigation the court should pursue a procedural course designed to refine issues progressively. In doing so, the court should strive to ensure that parties are on an equal footing in relation to access to information, including by ordering appropriate disclosure. The Court of Appeal recognised that asymmetries of information are routine in group litigation, and managing courts are obliged to take these into account. 

The judgment is a useful guide to the manner in which the courts are likely to expect litigants in multi-party claims to proceed on procedural issues, with the Court of Appeal confirming that parties to group litigation are expected to collaborate, including in selection of lead cases.

Alistair Mackenzie acted for the Claimants, instructed by Leigh Day. A copy of the judgment can be downloaded here.

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