The trial of a claim brought by over 70 Colombian farmers against a BP subsidiary is expected to take place in 2011, following a case management hearing at the Royal Courts of Justice on 8th December 2009.
The farmers, who are represented by Leigh Day & Co, have issued legal proceedings against BP Exploration Company (Colombia) Ltd (“BPXC”) in relation to alleged environmental damage caused to their properties as a result of the construction of an oil pipeline (the “OCENSA pipeline”) during the late 1990s. The farmers claim that the construction of the pipeline caused extensive damage to soil and groundwater, causing contamination of water supplies, extensive erosion on their farms, making fish ponds unsustainable and on the whole preventing the Claimants from conducting their various agricultural and farming activities on their properties.
Leigh Day & Co previously acted for a group of Colombian farmers in a similar claim against BPXC in relation to alleged environmental damage caused by the OCENSA pipeline. The claim was settled in June 2006 following a mediation in Bogota initiated by both parties, with no admissions of liability. The company has now decided to change tack and fight the new Claimants’ claims in Court.
Particulars of Claim were served on BPXC in December 2008, and a Defence was lodged in February 2009. A hearing took place at the High Court on 8th December before Senior Master Whitaker, at which he indicated that the trial of the case would probably take place in autumn 2011.
The farmers claim that following the construction of the pipeline the area was inadequately re-vegetated, which left the soil exposed to the elements and the effects of soil erosion. Sediment was carried downhill by rainwater altering the land and aquatic ecosystem and silting up water sources including reservoirs. Because the land was not stabilised after the construction of the pipeline the farmers claim it is susceptible to landslides.
Pedro Florez, one of the Claimants, said: “Now that my land has been destroyed I realise that the money I was paid for the pipeline to be built across my farm was a mere pittance and that BP took advantage of my inability to read and write and my lack of understanding of technical language. I can no longer keep the same number of animals or crops, or fish in the local lake, because of the poor quality of the water. It is now very hard to survive on the income that the farm produces.”
Following the 8th December hearing the Court has set down a timetable leading towards trial, which includes the pleading of a selection of “lead cases” in order that the issues common to the group can be resolved as speedily and efficiently as possible.
For further information please contact Shubhaa Srinivasan or Paul Dowling on 020 7650 1200.
Link to Guardian article -
http://www.guardian.co.uk/world/2009/nov/11/colombia-farmers-sue-bp-pipeline
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