Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2023] EWHC 2126 (TCC) (28 July 2023)

Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2023] EWHC 2126 (TCC) (28 July 2023)

Given the unprecedented increase in claimant numbers and the logistical challenges faced by the claimants, the court finds the requested extensions of time for service of APOCs, addresses, and the master schedule to be reasonable and proportionate, provided they do not disrupt the scheduled trial. The court grants the extensions, with the extension for addresses being an unless order to ensure compliance.

Citation
[2023] EWHC 2126 (TCC)
Parties
Claimants: Município de Mariana & Others; Defendants: BHP Group (UK) Ltd and BHP Group Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2023
Procedural Posture
Civil / Interlocutory Application for Extension of Time
Outcome
Applications for extension of time granted, with conditions.
Legal Topics
Extension of Time, Service of Particulars of Claim, Compliance With Court Orders, Case Management
Civil Procedure Extension of Time Service of Particulars of Claim Compliance With Court Orders Case Management

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Parties

Município de Mariana & Others

Claimants

BHP Group (UK) Ltd and BHP Group Limited

Defendants

Procedural Posture

Civil / Interlocutory Application for Extension of Time

Legal Issues

  1. 1 Whether to grant extensions of time for service of additional particulars of claim (APOCs), revised claim form with addresses, and updated master schedule
  2. 2 Whether to grant dispensation for indigenous and Quilombola claimants to provide generic community addresses
  3. 3 Whether to permit service of APOCs via FileZilla

Ratio Decidendi

Given the unprecedented increase in claimant numbers and the logistical challenges faced by the claimants, the court finds the requested extensions of time for service of APOCs, addresses, and the master schedule to be reasonable and proportionate, provided they do not disrupt the scheduled trial. The court grants the extensions, with the extension for addresses being an unless order to ensure compliance.

Court Disposition

Applications for extension of time granted, with conditions.

Orders

  • Extension for service of APOCs to 8 September 2023 granted.
  • Extension for service of revised claim form with addresses to 8 September 2023 granted as an unless order: claimants without addresses by that date to be removed from the schedule and struck through.