Vilca & Ors v Xstrata Ltd & Anor

Vilca & Ors v Xstrata Ltd & Anor

There is no sound basis for concern about expert shopping or abuse of process in this case, as the change of expert was due to the ill-health of Professor Revoredo and not for tactical reasons. The court's case-management powers do not require the imposition of a disclosure condition in the absence of such concerns. The overriding objective and the interests of justice are best served by not imposing the condition.

Parties
Claimants: Daniel Alfredo Condori Vilca & ors; First Defendant: Xstrata Limited; Second Defendant: Compania Minera Antapaccay S. A. (Formerly Xstrata Tintaya S. A)
Jurisdiction
England and Wales
Judgment Date
30 June 2017
Procedural Posture
Civil / Interlocutory Application for Extension of Time to Serve Expert Evidence and for Disclosure of Prior Expert Reports
Outcome
Application for extension of time granted without condition of disclosure of prior expert reports.
Legal Topics
Expert Evidence, Disclosure, Case Management, Extension of Time, Expert Shopping
Civil Procedure Expert Evidence Disclosure Case Management Extension of Time Expert Shopping

Case Brief

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Parties

Daniel Alfredo Condori Vilca & ors

Claimants

Xstrata Limited

First Defendant

Compania Minera Antapaccay S. A. (Formerly Xstrata Tintaya S. A)

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Extension of Time to Serve Expert Evidence and for Disclosure of Prior Expert Reports

Legal Issues

  1. 1 Whether the Defendants should be permitted to instruct a new expert in Peruvian law and be granted an extension of time to serve expert evidence
  2. 2 Whether disclosure of reports or opinions from previously instructed experts should be a condition of granting the extension

Ratio Decidendi

There is no sound basis for concern about expert shopping or abuse of process in this case, as the change of expert was due to the ill-health of Professor Revoredo and not for tactical reasons. The court's case-management powers do not require the imposition of a disclosure condition in the absence of such concerns. The overriding objective and the interests of justice are best served by not imposing the condition.

Court Disposition

Application for extension of time granted without condition of disclosure of prior expert reports.

Orders

  • Defendants granted extension of time to instruct and serve evidence from a new expert in Peruvian law.
  • No order for disclosure of reports or opinions from previously instructed experts.