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NEWS
Law360, London: Shell can be held liable for damages caused by pollution from illegal refining of stolen oil from its pipelines—but the Nigerian communities suing the energy giant face 'significant legal barriers' to succeed at trial, a London judge ruled 20 June 2025.
NEWS
Law360, London: A Dutch appeals court has overturned a landmark ruling that ordered Shell to reduce its carbon emissions, finding on 12 November 2024 that there was no 'social standard of care' requiring the oil and gas producer to meet legally imposed climate targets.
NEWS
Environment analysis: This analysis provides details on the appeal of an important climate change case: Friends of the Earth Netherlands et al v Royal Dutch Shell plc, case number 200.302.332/01. The analysis explains why the original 2021 judgment ordering Royal Dutch Shell to reduce their emissions by 45% was overturned in the Hague Court of Appeal in November 2024. Despite, the appeal court ruling that Shell were not obliged to reduce their emissions as set out in the original judgment, they did affirm that there is broad consensus that the protection against the threats of climate change is considered a fundamental human right. Further important comments were also made and discussed in this analysis. Written by Noa Brawerman & Colleen Theron at Ardea International.
GLOSSARY
Shelley’s Case refers to a historic common law rule of property and succession which converted certain successive interests in land into a single estate in the first taker. Classically, where land was limited “to A for life, and after A’s death to the heirs of A”, the rule operated so that A took a fee simple (or fee tail), and A’s “heirs” took nothing as purchasers. The rule, originating in the English case Wolfe v Shelley (1581), treated “heirs” as words of limitation, not of purchase.In modern practice in England and Wales, and Northern Ireland, the Rule in Shelley’s Case has been abolished by statute for new dispositions, but may still be relevant when construing older instruments, particularly strict settlements and pre‑1926 conveyances. In Ireland, it has also been effectively superseded by legislation but can arise in historical title and succession disputes. Scotland, with its distinct property law, did not apply the rule in the same way, though analogous issues of interpretation of “heirs” appear in older feudal grants. Today, Shelley’s Case is mainly of academic and interpretative importance in real property law, conveyancing, trusts, and will construction.
NEWS
The Shenzhen Court of International Arbitration (SCIA) and the Permanent China Construction Engineering Law Forum will host a forum on July 5, 2025, in Kashgar, Xinjiang, focusing on complex issues in construction project appraisal. Organised with support from regional courts and legal associations, the event will cover regulatory interpretation, appraisal methodologies, and cross-examination techniques in construction disputes. Legal professionals can expect insights into evolving appraisal standards and procedural practices relevant to cross-border arbitration and infrastructure projects in China’s western regions.
GLOSSARY
A judicial office, where the main role is to sit as a trial judge in the Sheriff Court.
GLOSSARY
A court in the Scottish hierarchy established for the purpose of hearing civil appeals from the Sheriff Court and summary criminal appeals from the Sheriff Court and the Justice of the Peace Court.
NEWS
Construction analysis: The Sheriff Appeal Court (SAC) upheld the decision of the first instance sheriff, rejecting the appellant’s argument that an adjudicator had exceeded his jurisdiction by considering multiple contracts in the course of deciding a payment dispute. The SAC also considered that the appellant had not taken sufficient steps to reserve its position on the adjudicator’s jurisdiction.
GLOSSARY
A local court that has civil and criminal jurisdiction.
GLOSSARY
The procedural rules that apply in the sheriff court and the Court of Session respectively, which are not specific to family proceedings, but include rules that apply to those proceedings similar to the Family Procedure Rules 2010, SI 2010/2955, in England and Wales.
GLOSSARY
A judicial officer appointed by Her Majesty the Queen.
GLOSSARY
an officer of court, responsible for serving sheriff court documents and enforcing court orders