BHP Billiton Petroleum Ltd. & Ors v Dalmine SpA

BHP Billiton Petroleum Ltd. & Ors v Dalmine SpA

Where the defendant alleges that the loss would have occurred in any event, even absent the wrongdoing, the burden of proof for that hypothetical scenario rests on the defendant. In this case, Dalmine bore the burden of proving that a pipeline made only of compliant pipe would have failed in any event, and having conceded it could not discharge that burden, the appeal was dismissed.

Parties
Claimants/respondents: BHP Billiton Petroleum Ltd & Others; Defendant/appellant: Dalmine SpA
Jurisdiction
England and Wales
Judgment Date
19 February 2003
Procedural Posture
Civil Appeal / Appeal From Queen’s Bench Division, Commercial Court
Outcome
Appeal dismissed
Legal Topics
Causation, Burden of Proof, Deceit, Fraudulent Misrepresentation, Damages
Tort Law Contract Law Commercial Law Causation Burden of Proof Deceit Fraudulent Misrepresentation Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

BHP Billiton Petroleum Ltd & Others

Claimants/respondents

Dalmine SpA

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Queen’s Bench Division, Commercial Court

Legal Issues

  1. 1 Whether the burden of proof that a pipeline made only of compliant pipe would have failed in any event rests on the defendant or claimant
  2. 2 Whether the incorporation of non-compliant pipe caused the pipeline to fail or whether it would have failed anyway

Ratio Decidendi

Where the defendant alleges that the loss would have occurred in any event, even absent the wrongdoing, the burden of proof for that hypothetical scenario rests on the defendant. In this case, Dalmine bore the burden of proving that a pipeline made only of compliant pipe would have failed in any event, and having conceded it could not discharge that burden, the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay the respondents’ costs of the appeal, subject to detailed assessment on the standard basis
  • Appellant to make an interim payment to the respondents in the sum of £100,000 on account of the costs of the appeal by 4.30pm on Wednesday 5th March 2003