In a groundbreaking legal move, more than 100 survivors of a catastrophic typhoon in the Philippines have filed a lawsuit against the British oil giant Shell in the High Court in London. The case represents a major test of whether fossil fuel corporations can be held legally accountable for specific climate change-fuelled disasters.
'We swam for our lives': A survivor's harrowing account
Among the claimants is Trixy Elle, a mother from a small island in the central Philippines, who described the terrifying moment Super Typhoon Rai – known locally as Odette – struck on 16 December 2021. The storm, which killed nearly 400 people, rapidly intensified beyond any previous experience. "We usually experience signal number one, number two," Ms Elle told The Independent, referring to the Philippine warning system. "But this was signal number five."
She recounted how her family decided against evacuation, only to be trapped as a storm surge engulfed their home. "The water came from the window, through the wood, through the door," she said. In a desperate bid for survival, her father instructed the family to hold hands. "If we die, we die together," he said. Moments later, they were swept away. "We cannot walk, so we have to swim," Ms Elle recalled. "Swim in the middle of nowhere with the big waves, strong winds, heavy rains. Yeah, we swam for our lives."
In the aftermath, her home was destroyed and her isolated community was left without aid for days. "No help comes for many days – no food, no water," she said. "You feel so devastated, hopeless, helpless."
The legal argument: Linking Shell's emissions to disaster
The lawsuit, lodged at the Royal Courts of Justice in London, seeks compensation for deaths, injuries, and destroyed property. It argues that Shell's substantial contribution to global greenhouse gas emissions materially increased the risks and severity of the typhoon. Legal advocates state this is the first major transnational civil case to directly connect an oil and gas company's emissions to personal injury and loss already suffered in the global South.
Danilo Garrido, a lawyer with Greenpeace supporting the claimants, explained the core argument. "The case will assert that the defendant’s past and present carbon emissions and their intentional deception have contributed to anthropogenic climate change, which has made cyclones like Odette more intense and unpredictable," he said. He noted that Shell is responsible for over two per cent of all historic global carbon emissions and alleged the company knew of its role in climate change since at least 1965.
A pivotal element of the claim is modern climate attribution science. The claimants cite a 2025 analysis by scientists from Imperial College London and the University of Sheffield, which found that extreme rainfall and wind speeds in the Philippines from storms like Odette have become "significantly more likely and intense due to anthropogenic climate change."
Jurisdiction and Shell's response
Although filed in the UK, the case applies Philippine law, as the damage occurred there. This strategy targets Shell's UK-domiciled parent company and follows established legal principles, potentially building on recent UK court decisions that have allowed overseas claims against British multinationals.
Shell has firmly rejected the lawsuit, labelling it a "baseless claim." A company spokesperson stated, "It will not help tackle climate change or reduce emissions." They contested the idea that Shell had unique climate knowledge, arguing the issue has been part of public discourse for decades. The spokesperson added that the claim "overlooks the benefits energy brings" and the choices made by governments and consumers, while reiterating Shell's efforts to reduce operational emissions.
For survivors like Trixy Elle, the case transcends compensation. "If we remain in silence, if we do not do something today, what will happen to our future?" she asked, highlighting the new normal of frequent, intense storms in the Philippines. The outcome of this landmark case could set a crucial precedent for climate accountability worldwide.
