Município de Mariana & Ors v BHP Group (UK) Limited & Anor

Município de Mariana & Ors v BHP Group (UK) Limited & Anor

The court held that causation issues must be included in the first stage trial as they are inseparable from liability under the pleaded claims. Additional limitation and settlement issues are to be included as they raise points of principle suitable for early determination. The trial timetable must be realistic given the scale and complexity of the litigation, and the first stage trial is postponed to October 2024. Disclosure and expert evidence directions are set to ensure proportionality and focus. The appointment of a litigation friend is approved as compliant with procedural requirements.

Parties
Claimants: Município de Mariana and the Claimants identified in the Schedules to the Claim Forms; Defendants: BHP Group (UK) Limited (formerly BHP Group PLC) and BHP Group Limited; Third Party: Vale S.A.
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Group Litigation / Civil Claim / Case Management Conference (cmc) – Directions and Orders
Outcome
Directions given; first stage trial postponed; issues for trial defined; procedural orders made.
Legal Topics
Case Management, Group Litigation, Jurisdiction, Limitation Periods, Liability for Environmental Damage, Settlement Agreements, Standing, Disclosure, Expert Evidence
Civil Procedure Environmental Law Tort Law International Law Case Management Group Litigation Jurisdiction Limitation Periods +5 more

Case Brief

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Parties

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

Claimants

BHP Group (UK) Limited (formerly BHP Group PLC) and BHP Group Limited

Defendants

Vale S.A.

Third Party

Procedural Posture

Group Litigation / Civil Claim / Case Management Conference (cmc) – Directions and Orders

Legal Issues

  1. 1 Whether issues of causation should be included in the first stage trial
  2. 2 Whether additional limitation issues (Issue 13) should be included
  3. 3 Whether settlement issues (Issue 15) should be included in the first stage trial

Ratio Decidendi

The court held that causation issues must be included in the first stage trial as they are inseparable from liability under the pleaded claims. Additional limitation and settlement issues are to be included as they raise points of principle suitable for early determination. The trial timetable must be realistic given the scale and complexity of the litigation, and the first stage trial is postponed to October 2024. Disclosure and expert evidence directions are set to ensure proportionality and focus. The appointment of a litigation friend is approved as compliant with procedural requirements.

Court Disposition

Directions given; first stage trial postponed; issues for trial defined; procedural orders made.

Orders

  • First stage trial to commence 7 October 2024 with 11-week estimate including 1 week judicial reading.
  • Causation, limitation (including Issue 13), and settlement (Issue 15) issues included in first stage trial.