Jalla v Shell – CPR 19.6 & “same interests” – Alerter from Ben Norton
Henderson Chambers alerter by Ben Norton
In Jalla v Shell International Trading and Shipping Co Ltd  EWHC 2211 (TCC), the Defendants applied to strike out representative proceedings on the ground that the represented Claimants did not all have “the same interest” within the meaning of CPR 19.6. Application granted. Although they raised some common issues of law and fact, the Court found that the proceedings were individual claims as each Claimant needed to prove that the oil spill caused them damage.
Mr Justice Stuart-Smith’s judgment provides a helpful summary of the applicable principles and a detailed analysis of the key authorities, including the Court of Appeal’s decision in Lloyd v Google  EWCA Civ 1599, which is due to be heard by the Supreme Court in 2021.