Survivors of Super Typhoon Rai (known as Typhoon Odette) have issued proceedings in the UK against Shell. (Picture credit © Fossil Free London Angela Christofilou.)

More than 100 Filipinos are bringing the action, alleging that Shell’s greenhouse gas emissions have ‘materially contributed’ to climate change and thus to the damage caused by the 2021 typhoon.

The claim is the first of its kind in the UK and will define the role of major emitters of fossil fuels and whether they have a corporate liability for climate related losses.

Kennedys Law has pointed to the Higher Regional Court (OLG) of Hamm in Germany ruling in Lliuya v RWE AG [28.05.25] that major fossil fuel emitters may be liable for climate-related risks. The claim (which applied German law) ultimately failed due to the court’s decision that the threat of harm was insufficiently imminent at the time.

However, the company believes that this case is fundamentally different in that not only will it be applying Filipino law in the UK courts, but the claim itself does not relate to future risks or protective measures. Instead, it concerns personal injury and property damage already suffered by the claimants, meaning the UK courts will have to take things one step further than the German Higher Court.

Shell has said it rejects the claims.

Hannah Williams and Amy Webster of Kennedys note that this claim represents a further step in the “gradual but distinct shift towards global climate litigation against corporate entities”.

Theu add: “The argument is novel: can we link damages caused by extreme weather events to an entity's historic greenhouse gas emissions? If proven, the impact would be significant to corporates, their D&Os and their insurers, on a global basis.”

---