Overview
Law360 quoted Neil Dooley and Ivan Gordienko in a December 22 article titled "The Biggest UK Civil Fraud Cases of 2020." In May, a London judge dismissed Nigeria's $1 billion lawsuit against Royal Dutch Shell and Italian oil giant Eni over alleged bribery in a massive 2011 deal because the courts in England don't have jurisdiction to hear the claim. The judge held that the lawsuit traced the same essential facts and participants as parallel Italian proceedings brought by the Nigerian government over a deal to acquire exploration rights for an oil field in the West African country.
Gordienko says: "I think the tide has turned against lawsuits distantly connected to the UK. English courts being far more analytical reviewing jurisdictional clauses."
That doesn't mean Nigeria's failure will dissuade similar lawsuits for claimants with deep pockets, Dooley adds. English lawyers "will be as creative as possible" pushing the boundaries by filing ex parte applications without the defendants in attendance to create "the oxygen publicity creates."
"They know they're vulnerable to jurisdictional challenges, but they calculate that it's better to put people under pressure," Dooley says.
The full article can be read at Law360 (subscription required).
