Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2024] EWHC 952 (TCC) (18 April 2024)

Extended disclosure should be ordered to include the additional individuals identified in the re-amended reply because the issues relating to their knowledge and conduct are clearly pleaded, and the disclosure is reasonable, necessary, and proportionate.

Citation: [2024] EWHC 952 (TCC)
Parties: Claimants: Município de Mariana & Others; Defendants: BHP Group (UK) Ltd; Third Party: VALE S. A.
Jurisdiction: England and Wales
Judgment Date: 18 April 2024
Procedural Posture: Disclosure Application in Civil Litigation / Interlocutory Application for Extended Disclosure
Outcome: Application granted
Legal Topics: Disclosure, Pleading Amendments, Proportionality in Disclosure

Civil Procedure Commercial Law Disclosure Pleading Amendments Proportionality in Disclosure

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Parties

Município de Mariana & Others

Claimants

BHP Group (UK) Ltd

Defendants

VALE S. A.

Third Party

Procedural Posture

Disclosure Application in Civil Litigation / Interlocutory Application for Extended Disclosure

Legal Issues

1 Whether extended disclosure should be ordered to include additional individuals identified in the re-amended reply
2 Whether the request for disclosure is reasonable, necessary, and proportionate under Practice Direction 57AD

Ratio Decidendi

Court Disposition

Application granted

Orders

Extended disclosure ordered in relation to Model C requests 1 and 2 to include the additional individuals identified in paragraph 105A of the re-amended reply