Greenpeace and Shell reach settlement in protest claim

On 10 December 2024, Greenpeace UK, Greenpeace International and individual Greenpeace activists reached a settlement with Shell UK Ltd (and another), bringing to an end a claim brought by Shell UK in respect to a protest by Greenpeace in February 2023. 

The proceedings concerned a protest in which Greenpeace activists boarded and occupied a heavy transport vessel carrying a Floating Production Storage and Offloading System (FPSO) from China to Norway, destined for use by Shell UK in its redevelopment of the Penguins Field in the North Sea. The intended redevelopment of the Penguins Field will involve a significant expansion of oil and gas production. The redevelopment is taking place in a context when climate change is accelerating.

Four activists boarded the vessel and FPSO on 31 January 2023, and were joined by two other activists on 6 February 2023. The activists remained on board the FPSO until it reached Norway on 12 February 2023. The activists did not damage the ship or the FPSO or cause delay to the voyage. The purpose of the protest was to call attention and express opposition to Shell UK’s redevelopment of the Penguins Field, and Shell’s contributions to climate change more generally.

Shell UK sought and obtained urgent interim injunctions in February 2023 and then pursued a damages claim against the Greenpeace entities in the Admiralty Court. Shell UK sought around £800,000 in damages, as well as substantial costs. 

Shell UK’s primary claim was based on the tort of unlawful means conspiracy, which was itself based on allegations that the Greenpeace entities committed unlawful acts of: (i) breaches of the International Convention for the Safety of Life at Sea 1974 (SOLAS) and the International Regulations for Preventing Collisions at Sea 1972 (COLREGS); (ii) trespass to goods; and (iii) criminal offences under the Maltese Criminal Code. In the alternative, Shell UK brought claims based on alleged breaches of the Maltese Civil Code. 

The claim raised legal issues regarding the limits of the tort of unlawful means conspiracy and its relationship with the freedoms of expression and assembly protected under Articles 10 and 11 of the European Convention on Human Rights (ECHR). Greenpeace denied inter alia that breaches of international law, breaches of foreign law and torts actionable only at the suit of third parties could not be relied upon as unlawful acts in a claim for unlawful means conspiracy. They also argued that the imposition of liability, and the award of damages and costs would amount to a disproportionate inference with their rights under Articles 10 and 11 ECHR.

On 10 December 2024, the claim settled on terms (which are public) that: (1) Greenpeace donate £300,000 to the Royal National Lifeboat Institution; and (2) Greenpeace will not protest at four of Shell UK’s fields in the North Sea. 

Joshua Jackson (together with Richard Lord KC of Brick Court Chambers, David Simpson of 3VB, Naomi Hart of Essex Court and Anna Hoffmann of 4 Pump Court) acted for the defendants.

Josh was initially instructed by Greenpeace UK and Greenpeace International’s in-house legal teams, led by Jack Robirosa, Daniel Simons and Danilo Garrido. Subsequently, Josh was instructed by RPC, led by Jake Hardy, Rupert Cowper-Coles, Karina Plain and Niamh Greene. 

Greenpeace UK’s press release can be found here.

The settlement has been widely reported, including by the BBC, Sky News, the Independent, the Guardian, and the Financial Times.