Municipio De Mariana & Ors v BHP Group PLC & Anor (Rev 1) [2021] EWHC 146 (TCC) (29 January 2021)

Municipio De Mariana & Ors v BHP Group PLC & Anor (Rev 1) [2021] EWHC 146 (TCC) (29 January 2021)

The claims were struck out as an abuse of process because they were irredeemably unmanageable in England, risked inconsistent judgments with parallel Brazilian proceedings, and would negatively impact both English and Brazilian courts. The claimants failed to demonstrate any real prospect of appellate success or compelling reason for appeal. Defendants were the successful parties and entitled to full costs, with an interim payment ordered. Disclosure of litigation funding to be revisited post-payment.

Citation
[2021] EWHC 146 (TCC)
Parties
Claimant: Município de Mariana and the Claimants identified in the Schedules to the Claim Forms; First Defendant: BHP Group PLC (formerly BHP Billiton PLC); Seventh Defendant: BHP Group Ltd
Jurisdiction
England and Wales
Judgment Date
29 January 2021
Procedural Posture
Strike Out Application and Ancillary Matters (permission to Appeal, Costs, Funding Disclosure) / Post Judgment, Permission to Appeal and Costs Determination
Outcome
Permission to appeal refused; claims struck out as abuse of process; defendants awarded costs
Legal Topics
Abuse of Process, Forum Non Conveniens, Article 34 Brussels Regulation, Case Management, Costs, Litigation Funding
Civil Procedure International Private Law Tort Abuse of Process Forum Non Conveniens Article 34 Brussels Regulation Case Management Costs +1 more

Case Brief

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Parties

Município de Mariana and the Claimants identified in the Schedules to the Claim Forms

Claimant

BHP Group PLC (formerly BHP Billiton PLC)

First Defendant

BHP Group Ltd

Seventh Defendant

Procedural Posture

Strike Out Application and Ancillary Matters (permission to Appeal, Costs, Funding Disclosure) / Post Judgment, Permission to Appeal and Costs Determination

Legal Issues

  1. 1 Whether claims should be struck out as abuse of process
  2. 2 Whether permission to appeal should be granted
  3. 3 Application of Article 34 Brussels Regulation

Ratio Decidendi

The claims were struck out as an abuse of process because they were irredeemably unmanageable in England, risked inconsistent judgments with parallel Brazilian proceedings, and would negatively impact both English and Brazilian courts. The claimants failed to demonstrate any real prospect of appellate success or compelling reason for appeal. Defendants were the successful parties and entitled to full costs, with an interim payment ordered. Disclosure of litigation funding to be revisited post-payment.

Court Disposition

Permission to appeal refused; claims struck out as abuse of process; defendants awarded costs

Orders

  • Defendants awarded costs of the action, subject to detailed assessment
  • Claimants ordered to pay £8,000,000 on account of costs by 4:00pm on 12 February 2021