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England and Wales High Court (Technology and Construction Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Technology and Construction Court) Decisions >> The Bodo Community & Ors v The Shell Petroleum Development Company of Nigeria Ltd  EWHC 958 (TCC) (28 March 2014)
Cite as:  EWHC 958 (TCC)
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QUEEN'S BENCH DIVISION
TECHNOLOGY AND CONSTRUCTION COURT
7 Rolls Buildings
London EC4A 1NL
B e f o r e :
|IN THE MATTER OF BOMU-BONNY OIL PIPELINE LITIGATION|
|THE BODO COMMUNITY AND OTHERS||Claimants|
|THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED||Defendant|
Mr Charles Gibson QC and Mr Adam Heppinstall (instructed by Hogan Lovells) appeared on behalf of the Defendant
Crown Copyright ©
"The BIICL report provides a helpful comparative analysis as to how the common law derives its legal status and how courts determine the effect on the common law of statutes primarily by reference to tort law. Comparative analysis is conducted with an emphasis upon Australia, Ghana, India, Malaysia and South Africa. From this report, it is clear that the common law is also a source of law in these comparative jurisdictions and that, in order to determine whether the common law has been displaced, it is necessary to consider the object and purpose of each statute in question. In all these jurisdictions, as in Nigeria the presumption is that the legislature does not intend to make changes to the common law, unless it does so clearly, that is expressly or by necessary implication."
"It is my opinion that, on the balance of probabilities, the most likely cause of not just the increase in somatic symptoms but the other social, psychological and cultural changes that I have described is the oil spills that destroyed the local ecosystem and economy."
"I shall leave the final words to Baridan Gaboragi, one of the interviewers, who told me that 'now everyone sits in the compound doing nothing. People should be out these days doing things, but now they don't do thinking, they just sit.'"
That is the end of the report.