Royal Dutch Shell lawyers blunder by issuing defamation proceedings against the wrong party, in the wrong Country in respect of the wrong website
As part of libel proceedings launched in June 2004 against a Shell whistleblower, Dr John Huong, eight companies within the Royal Dutch Shell Group collectively obtained multiple High Court injunctions relating to the website recently described by the Financial Times as being anti-Shell and “a long term thorn in the side of Shell”: www.royaldutchshellplc.com
The website, instigated and operated by a British 90 year old war veteran, Alfred Donovan, is probably the most famous gripe site in the world.
A current newsletter “Accountability in Action” published by the One World Trust, an independent research organisation linked with the UK Houses of Parliament and the United Nations, credits his blogsite as having a “profound impact” on Shell. It says that it has cost Shell billions: http://www.oneworldtrust.org/?display=accnewsjul07
(Link to articles by The Wall Street Journal and other publishers about Donovan and his website: http://www.shellnews.net/blog/links.html)
The proceedings were stalled for over a year following a High Court application by the Shell plaintiff companies for Donovan to be compelled to be cross examined in Malaysia about evidence given by him in an affidavit. Basically Donovan testified that he, not Dr Huong, was responsible for posting and publishing the series of blog articles alleged by Shell to contain libellous allegations against the oil giant.
On Monday 3 August 2007, Michiel Brandjes, the Company Secretary and General Counsel Corporate of the parent company, Royal Dutch Shell Plc, wrote to Donovan notifying him that although a court had decided that his cross examination could be carried out by video conference, the Shell Malaysian plaintiff companies had “waived the right to cross examin you on your affidavit altogether in this matter on compassionate grounds”.
On 8 August 2007, Donovan sent an email Mr Saw Choo Boon, the Chairman of Shell Malaysia, reminding Shell that he had over three years ago notified the trail Judge (and Shell) that the eight plaintiff Shell companies were suing the wrong party in the wrong Country in respect of the wrong website. Shell had issued proceedings naming a website which has never existed and were suing Dr Huong, a Malaysian national, instead of him. He pointed out that the whole proceedings were a complete fiasco and that the pantomime has been allowed to drag on for over three years, thereby costing Shell shareholders a fortune in legal costs.
Donovan also alleged in his published email that Shell’s reputation is so bad after the securities fraud in 2004 and other alleged debacles, such as being forced out of its majority holding in the $26 billion Sakhaln-2 project in Russia, that it has no reputation left to lose. He cites independent evidence supporting this contention in his email to the Shell Chairman. Donovan also contends that the alleged libellous comments were in any event well founded and that truth is a complete defence in libel law.
http://royaldutchshellplc.com/2007/08/07/email-to-mr-saw-choo-boon-chairman-of-shell-malaysia/
The litigation continues.
Loading ...
1 user commented in " Royal Dutch Shell in blog site defamation quagmire "
Follow-up comment rss or Leave a TrackbackAs an insider to Shell, I can see that absence of business ethics, intimidation of those who dare question are still rife.
Fall guys post 2004 debacle left Shell but the rest of the people who helped perpetrate the fraud are very much in Shell. You should see the way these executives throw their weight around - and still strut around proudly trampling whoever in Shell comes there way.
Shell is inward looking and lacks competence. Project management being one example. Post 2004 scandal, Shell initiated a massive Corporate-wide transformation Program called Downstream-One. It is an expensive program (~$9 Billion or so from 2006-2011). However, the governance and audit standards are often flouted blatantly. They are wasting investor monies! Downstream-One runs out of Shell Center in London and it has around 3000 consultants nevermind other programmers! Shell employee to Consultant ratio in Shell Center is 1:5
Program is full of infighting, corruption and unethical decisions, involving both business and employees!
One poor soul, who was quiet senior in this program, dared to internally whistle-blow into bad management. The individual is being bullied and harassed by immediate seniors and threatened to undergo Performance Reviews (ofcourse leading to dismissal!)
Shell is full of scoundrels and unscruplous people and if one has to survive Shell one has to be one of them or become one soon or leave!
New Hires, especial at lateral positions find such environment shocking. I do understand that 2 VPs, who joined Shell 3 years ago, quit recently, as well and the individual in London is also planning to quit soon.
Shame on you Shell
Leave A Reply