ClientEarth v Shell Plc [2023] EWHC 2182 (Ch.)
1st September 2023
Erskine Chambers is pleased to share the decision in ClientEarth v Shell Plc [2023] EWHC 2182 (Ch.), which was handed down by judgment on Trower J on 31 August 2023.
On 24 July 2023, Trower J refused ClientEarth’s application for permission to continue a derivative claim on the grounds that it did not disclose a prima facie case for giving permission. By this latest judgment, Trower J has now ordered ClientEarth to pay Shell’s costs of the proceedings. This represents a departure from the default position in derivative proceedings, which is that the company will not normally be allowed any costs of making submissions in opposition to, or attending any hearing of, the claimant’s application for permission at the prima facie stage.
Trower J also refused ClientEarth’s application for permission to appeal.
Shell plc was represented by Edward Davies KC and Jack Rivett, together with Robert Howe K.C. and Shaheed Fatima K.C., instructed by Slaughter and May.
To view the full Judgment, please click here.
