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

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

It is appropriate and reasonably necessary to order extended disclosure to include the additional individuals identified in paragraph 105A of the re-amended reply, as there are clear pleaded issues regarding their knowledge and conduct, and the inclusion will not impose an onerous burden on the defendants.

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
30 April 2024
Procedural Posture
Civil Disclosure Application / Ruling on Disclosure Application
Outcome
Application for extended disclosure granted
Legal Topics
Disclosure, Pleading Amendments, Case Management
Civil Procedure Disclosure Pleading Amendments Case Management

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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 Disclosure Application / Ruling on Disclosure Application

Legal Issues

  1. 1 Whether extended disclosure should be ordered to include additional individuals identified in the re-amended reply but not in the original pleading.

Ratio Decidendi

It is appropriate and reasonably necessary to order extended disclosure to include the additional individuals identified in paragraph 105A of the re-amended reply, as there are clear pleaded issues regarding their knowledge and conduct, and the inclusion will not impose an onerous burden on the defendants.

Court Disposition

Application for extended disclosure 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.