Vilca & Ors v XSTRATA Ltd & Anor

Vilca & Ors v XSTRATA Ltd & Anor

The amendment to plead the Peruvian law limitation defence is 'late' but not 'very late'. There is no explanation for the delay, but the issue is important and has real prospects of success. The amendment can be accommodated without adverse effects on the trial or wider interests of justice. The risk of injustice to the Defendants if excluded outweighs the potential prejudice to the Claimants. The application to amend is allowed.

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 / Application to Amend Defence to Plead Limitation Defence Under Peruvian Law
Outcome
Application to amend Defence allowed
Legal Topics
Amendment of Pleadings, Limitation Period, Foreign Law, Case Management
Civil Procedure Amendment of Pleadings Limitation Period Foreign Law Case Management

Case Brief

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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 / Application to Amend Defence to Plead Limitation Defence Under Peruvian Law

Legal Issues

  1. 1 Whether the Defendants should be permitted to amend their Defence to plead a limitation defence under Peruvian law to the claims brought by the Claimants.
  2. 2 Whether the amendment is 'late' or 'very late' and the consequences thereof.
  3. 3 Whether the amendment would cause prejudice to the Claimants or the administration of justice.

Ratio Decidendi

The amendment to plead the Peruvian law limitation defence is 'late' but not 'very late'. There is no explanation for the delay, but the issue is important and has real prospects of success. The amendment can be accommodated without adverse effects on the trial or wider interests of justice. The risk of injustice to the Defendants if excluded outweighs the potential prejudice to the Claimants. The application to amend is allowed.

Court Disposition

Application to amend Defence allowed

Orders

  • Defendants permitted to amend Defence to plead limitation under Peruvian law as set out in paragraph 109