Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2024] EWHC 954 (TCC) (18 April 2024)

Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2024] EWHC 954 (TCC) (18 April 2024)

The court held that Vale's requests under parts (c) and (d) are reasonable, proportionate, sufficiently clear, and targeted. The requests are limited in scope to identified individuals, meetings, and date ranges, and are justified by the significance of the issues in dispute. The court ordered BHP to provide the requested disclosure.

Citation
[2024] EWHC 954 (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 (model C) in Civil Proceedings / Interlocutory (disclosure Ruling)
Outcome
Application granted
Legal Topics
Disclosure, Model C Disclosure, Third Party Proceedings, Compromise of Liability, Negotiation and Performance of Agreements
Civil Procedure Commercial Law Disclosure Model C Disclosure Third Party Proceedings Compromise of Liability Negotiation and Performance of Agreements

Case Brief

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Parties

Município de Mariana & Others

Claimants

BHP Group (UK) Ltd

Defendants

VALE S. A.

Third Party

Procedural Posture

Disclosure Application (model C) in Civil Proceedings / Interlocutory (disclosure Ruling)

Legal Issues

  1. 1 Whether Vale is entitled to Model C disclosure from BHP regarding participation in negotiation and/or performance of the TTAC
  2. 2 Whether the requests for documents under parts (c) and (d) are reasonable and proportionate

Ratio Decidendi

The court held that Vale's requests under parts (c) and (d) are reasonable, proportionate, sufficiently clear, and targeted. The requests are limited in scope to identified individuals, meetings, and date ranges, and are justified by the significance of the issues in dispute. The court ordered BHP to provide the requested disclosure.

Court Disposition

Application granted

Orders

  • BHP is ordered to provide Model C disclosure to Vale as requested under parts (c) and (d) concerning formal instructions/recommendations and records of relevant meetings not attended by Vale affiliates.