Survivors of Typhoon Rai in the Philippines have filed a legal claim against Shell in the UK, seeking compensation for what they argue was the company’s contribution to the storm’s intensity and the scale of destruction that followed when the typhoon struck in December 2021, killing around 400 people and damaging millions of homes.
Details of the Claim Filed in the UK
The case marks the first known attempt to hold a major UK oil and gas producer legally responsible for damages linked to a specific climate-related disaster. A group of 67 survivors is bringing the claim in the UK because Shell is domiciled there, though their legal team says Philippine law should apply because the losses occurred in the Philippines.
In a letter sent before the case was filed, the survivors’ legal team argued that Shell is responsible for 2% of historical global greenhouse gas emissions, based on data from the Carbon Majors database. The letter states that Shell “materially contributed” to human-driven climate change, which it argues made Typhoon Rai more likely and more severe. The claim also alleges that Shell has a “history of climate misinformation” and was aware as early as 1965 that fossil fuels were the primary driver of climate change.
Accounts From Survivors
Typhoon Rai, known locally as Odette, hit with winds of up to 170mph (270km/h), destroying about 2,000 buildings and displacing hundreds of thousands of people. Among the survivors is fish vendor Trixy Elle, who lived on Batasan Island when the storm struck. She described escaping with her family as water surged around them. “So we have to swim in the middle of big waves, heavy rains, strong winds,” she told BBC News. Her family held hands while trying to flee. “If we survive, we survive, but if we will die, we will die together.”
Elle is among the claimants who say Shell continued its business operations despite what they argue was long-standing knowledge about the role of fossil fuels in climate change. “It’s very clear that they choose profit over the people. They choose money over the planet,” she said.
Shell’s Response to the Allegations
Shell has rejected the claim in full. In a statement to BBC News, the company said, “This is a baseless claim, and it will not help tackle climate change or reduce emissions.” Shell also disputed the allegation that it possessed unique, undisclosed knowledge of climate change. “The suggestion that Shell had unique knowledge about climate change is simply not true. The issue and how to tackle it has been part of public discussion and scientific research for many decades,” the spokesperson said. The company denies that its production of oil and gas contributed to the severity of this specific typhoon.
Scientific and Legal Context Surrounding the Case
Environmental groups supporting the survivors say advances in climate attribution science now make it easier to assess how greenhouse gas emissions influence the severity of individual storms, heatwaves, or other extreme weather events. However, linking damages from a specific disaster to a specific fossil fuel producer remains complex.
Barrister Harj Narulla, who specialises in climate litigation and is not connected to the case, described the situation as challenging but evolving. “It’s traditionally a high bar, but both the science and the law have lowered that bar significantly in recent years,” he said. He noted that this case will be the first time UK courts assess attribution science in this context.
Comparison With International Efforts
Attempts to hold oil and gas companies liable for climate-related damages in the United States have often failed. In Europe, campaigners in the Netherlands won a ruling in 2021 ordering Shell to cut its absolute carbon emissions by 45% by 2030, including those from the use of its products. That decision was overturned on appeal last year when the court concluded that there was no legal basis for imposing a specific emissions-cut target. However, the court reaffirmed that Shell maintains a duty to mitigate dangerous climate change.
Next Steps in the UK Case
The claim has been filed at the Royal Courts of Justice. This marks the first formal stage of the proceedings, with more detailed particulars expected by the middle of next year.
Featured image credits: Wikimedia Commons
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