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Updated Oct 17, 2014

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BP and Columbian farmers in landmark case

Columbian farmers are in the process of suing BP, claiming BP's oil pipeline causes environmental damage and threatens their livelihood.

The case being considered in the UK high court has been said to be one of the largest ever in environmental history.

The farmers claim that the British company Equion Energia was negligent when building the Ocensa oil pipeline in the 1990s. This pipeline ran through their properties and they now believe it has caused problems to their land, animals and crops.

Not only is this the first time that BP has faced a UK court over its actions overseas, it is also the first time compensation for environmental damage to privately owned land caused by a UK oil company has been dealt with in the UK courts.

BP have argued that they remunerated the farmers and ensured no harm was caused, but it will be the choice of a British Judge whether or not BP breached agreements and were negligent in causing environmental damage.

Contracts signed by the farmers and BP are said not to have been understood by the farmers and protests from the farmers’ lawyers have been made that they did not receive reasonable and full compensation.

Previous out of court settlements have been reached with Columbian farmers, but this time BP have decided to change strategies and go to court.

Some farmers have come all the way to London to give evidence and one gave his reasons for doing so: "The reason why we have travelled so far is because we have hope and faith that the high court in London will deliver justice to us."

A spokesman from BP remained confident and stated: "The Ocensa pipeline project in Colombia involved significant steps being taken at the time of construction to engage with local communities, make appropriate compensation payments and ensure that the land that the pipeline traversed suffered no material damage."

Cedrec’s take

A successful claim could lead to the floodgates opening and hundreds of other similar cases being brought to courts. Over the next four months, as the court decides the result it will deliver, they must be mindful that they could be creating future precedent for cases of this kind.


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