1 IN THE HIGH COURT OF JUSTICE CLAIM NO ... - Platform

33.4. Failed to take prompt and adequate steps to contain, remove anddispose of the oil spills contrary to Section VII B.4.1 of theEnvironmental Guidelines and Standards for the Petroleum Industry(2002);33.5. Failed to take any or any adequate steps to clean up the oil spills within24 hours of their occurrence or at all and/or to submit an “oil spillnotification report” to the director of the Department of PetroleumResources of Nigeria contrary to Section VII B.2.6.3 of the Guidelines;33.6. Failed to restore the area damaged by the oil spills to a condition inaccordance with Section VII B 2.11 of the Guidelines;33.7. Failed to conduct an Environmental Evaluation (Post Impact) Study ofthe adversely impacted environment contrary to section Section VII 7.1of the Guidelines.The rule in Rylands v. Fletcher34. Further or alternatively, the Defendant is also liable under the Nigerian law oftort.35. The Claimant avers that the Defendant is strictly liable for the damage causedunder the rule in Rylands v. Fletcher (1868) LR 3 HL 330 because thetransportation of substantial quantities of crude oil in the said pipelines was:35.1. Hazardous in that such products were likely to cause harm to propertyin the surrounding area in the event of any escape of oil from thepipelines;35.2. A non natural use of the land.18