Vilca & Ors v XSTRATA Ltd & Anor [2017] EWHC 2096 (QB) (11 August 2017)

Vilca & Ors v XSTRATA Ltd & Anor [2017] EWHC 2096 (QB) (11 August 2017)

The amendment to plead Peruvian law limitation is late but not 'very late'; there is no explanation for the delay, but the issue is important and has real prospects of success. Allowing the amendment will not disrupt the trial or cause significant prejudice to the Claimants or the administration of justice. The balance of justice requires the amendment to be allowed.

Citation
[2017] EWHC 2096
Parties
Claimant: Daniel Alfredo Condori Vilca & Others; First Defendant: Xstrata Limited; Second Defendant: Compania Minera Antapaccay S.A. (formerly Xstrata Tintaya S.A.)
Jurisdiction
England and Wales
Judgment Date
11 August 2017
Procedural Posture
Civil Tort (personal Injury, Wrongful Death, Foreign Law Claims) / Interlocutory Application to Amend Defence to Plead Limitation Under Peruvian Law
Outcome
Application to amend Defence to plead Peruvian law limitation defence allowed.
Legal Topics
Amendment of Pleadings, Limitation Periods, Applicable Law (rome Ii), Vicarious Liability, Foreign Law Claims
Civil Procedure Private International Law Tort Law Amendment of Pleadings Limitation Periods Applicable Law (rome Ii) Vicarious Liability Foreign Law Claims

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Parties

Daniel Alfredo Condori Vilca & Others

Claimant

Xstrata Limited

First Defendant

Compania Minera Antapaccay S.A. (formerly Xstrata Tintaya S.A.)

Second Defendant

Procedural Posture

Civil Tort (personal Injury, Wrongful Death, Foreign Law Claims) / Interlocutory Application to Amend Defence to Plead Limitation Under Peruvian Law

Legal Issues

  1. 1 Whether Defendants should be permitted to amend their Defence to plead a limitation defence under Peruvian law to claims arising from a 2012 protest in Peru
  2. 2 Whether the amendment is 'late' or 'very late' and the consequences for justice and case management
  3. 3 Whether the amendment would cause prejudice to the Claimants or the administration of justice

Ratio Decidendi

The amendment to plead Peruvian law limitation is late but not 'very late'; there is no explanation for the delay, but the issue is important and has real prospects of success. Allowing the amendment will not disrupt the trial or cause significant prejudice to the Claimants or the administration of justice. The balance of justice requires the amendment to be allowed.

Court Disposition

Application to amend Defence to plead Peruvian law limitation defence allowed.

Orders

  • Defendants granted permission to amend Defence to include limitation defence under Peruvian law (paragraph 109) in response to both the 2017 Amendments and the Peruvian law claims generally.