Município de Mariana & Ors v BHP Group (UK) Ltd & Anor (Ruling on Model C disclosure)

Município de Mariana & Ors v BHP Group (UK) Ltd & Anor (Ruling on Model C disclosure)

The court held that Vale's Model C disclosure requests (c) and (d) are reasonable, proportionate, sufficiently clear, and narrow, given their limitation to identified individuals, meetings, and date ranges. The requests are proper due to the significance of the capacity in which BHP participated in the TTAC, and further searches are appropriate.

Parties
Claimants: Município de Mariana & Others; Defendants: BHP Group (UK) Ltd and BHP Group Limited; Third Party: VALE S. A.
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Ruling on Model C Disclosure
Outcome
Application for Model C disclosure granted in respect of requests (c) and (d).
Legal Topics
Disclosure, Model C Disclosure, Negotiation of TTAC, Liability Compromise
Civil Procedure Disclosure Model C Disclosure Negotiation of TTAC Liability Compromise

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Parties

Município de Mariana & Others

Claimants

BHP Group (UK) Ltd and BHP Group Limited

Defendants

VALE S. A.

Third Party

Procedural Posture

Civil / Ruling on Model C Disclosure

Legal Issues

  1. 1 Whether BHP participated in the negotiation and/or performance of the TTAC
  2. 2 Whether Vale's liability as between Vale and BHP has been compromised under the TTAC
  3. 3 Whether Model C disclosure requests (c) and (d) are reasonable and proportionate

Ratio Decidendi

The court held that Vale's Model C disclosure requests (c) and (d) are reasonable, proportionate, sufficiently clear, and narrow, given their limitation to identified individuals, meetings, and date ranges. The requests are proper due to the significance of the capacity in which BHP participated in the TTAC, and further searches are appropriate.

Court Disposition

Application for Model C disclosure granted in respect of requests (c) and (d).

Orders

  • Defendants to provide disclosure of all formal instructions and/or recommendations provided to the relevant individuals in connection with relevant meetings concerning negotiation of the TTAC and/or steps taken to comply with provision of that agreement.
  • Defendants to provide records of the relevant meetings not attended by Vale affiliated individuals, limited to six identified meetings and 14 named individuals, within the specified date range.