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

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

The court granted the extensions of time for service of APOCs, the revised claim form with addresses, and the updated master schedule, finding the claimants faced exceptional logistical challenges due to the unforeseen increase in claimants and had made significant efforts to comply. The extensions would not disrupt the trial timetable or cause disproportionate prejudice to the defendants. However, the extension for providing addresses was made an unless order due to prior indulgence. The court emphasised that further extensions may be refused and late claims may be stayed or dealt with separately.

Parties
Claimants: Município de Mariana & Others; Defendants: BHP Group (UK) Ltd and BHP Group Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Application for Extension of Time / Interlocutory Application Ruling
Outcome
Applications for extension of time granted with conditions
Legal Topics
Extension of Time, Case Management, Service of Pleadings, Access to Justice
Civil Procedure Extension of Time Case Management Service of Pleadings Access to Justice

Case Brief

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Parties

Município de Mariana & Others

Claimants

BHP Group (UK) Ltd and BHP Group Limited

Defendants

Procedural Posture

Civil Application for Extension of Time / Interlocutory Application Ruling

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 permit service of APOCs via FileZilla
  3. 3 Whether to dispense with individual addresses for indigenous and Quilombola claimants

Ratio Decidendi

The court granted the extensions of time for service of APOCs, the revised claim form with addresses, and the updated master schedule, finding the claimants faced exceptional logistical challenges due to the unforeseen increase in claimants and had made significant efforts to comply. The extensions would not disrupt the trial timetable or cause disproportionate prejudice to the defendants. However, the extension for providing addresses was made an unless order due to prior indulgence. The court emphasised that further extensions may be refused and late claims may be stayed or dealt with separately.

Court Disposition

Applications for extension of time granted with conditions

Orders

  • Extension of time for service of APOCs to 8 September 2023 granted (not a final or unless order, but further extensions may be refused)
  • Extension of time for service of revised claim form with addresses to 8 September 2023 granted (unless order: claimants without addresses to be removed if not complied)