Município De Mariana & Ors v BHP Group Plc & Anor (Rev 1) [2020] EWHC 2930 (TCC) (09 November 2020)

Município De Mariana & Ors v BHP Group Plc & Anor (Rev 1) [2020] EWHC 2930 (TCC) (09 November 2020)

The claims constitute an abuse of process because they duplicate ongoing proceedings in Brazil, risk irreconcilable judgments, would be unmanageable and oppressive for the English court and the defendants, and the claimants have or could obtain adequate redress in Brazil. The court's resources would be disproportionately burdened, and the litigation would not serve the proper use of the court's process. The claims are therefore struck out or stayed.

Citation
[2020] EWHC 2930 (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
09 November 2020
Procedural Posture
Civil Group Action (damages Claim) / Interlocutory Application (strike Out/stay for Abuse of Process, Forum Non Conveniens, Case Management)
Outcome
Claims struck out or stayed as an abuse of process
Legal Topics
Abuse of Process, Forum Non Conveniens, Group Litigation, Jurisdiction, Case Management, Environmental Disaster Liability
Civil Procedure Tort Law Private International Law Abuse of Process Forum Non Conveniens Group Litigation Jurisdiction Case Management +1 more

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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

Civil Group Action (damages Claim) / Interlocutory Application (strike Out/stay for Abuse of Process, Forum Non Conveniens, Case Management)

Legal Issues

  1. 1 Whether the claims should be struck out or stayed as an abuse of process
  2. 2 Whether the claims against BHP Plc should be stayed under Article 34 of the Recast Brussels Regulation
  3. 3 Whether the claims against BHP Ltd should be stayed on forum non conveniens grounds

Ratio Decidendi

The claims constitute an abuse of process because they duplicate ongoing proceedings in Brazil, risk irreconcilable judgments, would be unmanageable and oppressive for the English court and the defendants, and the claimants have or could obtain adequate redress in Brazil. The court's resources would be disproportionately burdened, and the litigation would not serve the proper use of the court's process. The claims are therefore struck out or stayed.

Court Disposition

Claims struck out or stayed as an abuse of process

Orders

  • The proceedings are struck out or stayed against both defendants.
  • No further steps may be taken in these proceedings in the English court.