This litigation is brought by 109 claimants in respect of 73 farms, each of whom claims that the Ocensa pipeline caused damage for which he or she should be compensated. It is brought in England because the Defendant was at the relevant time an English subsidiary of BP and was involved in the Ocensa project. The substantive claims are subject to the Colombian law of torts and contract. The State of Colombia formally recognises the public benefit attaching to oil pipeline projects and has established a regulatory legal framework that reflects the tension between public benefit and private detriment to which I have already referred. Whether and to what extent that framework creates, limits or excludes private law rights is only one of the elements of Colombian law affecting the outcome of this litigation.
Judges:
Stuart-Smith J
Citations:
[2016] EWHC 1699 (TCC)
Links:
Jurisdiction:
England and Wales
Land
Updated: 13 October 2022; Ref: scu.567837
