Guerrero & Ors v Monterrico Metals Plc & Anor (Rev 1)

Guerrero & Ors v Monterrico Metals Plc & Anor (Rev 1)

The Claimants, despite weaknesses in their case and some non-disclosure, have demonstrated a good arguable case sufficient to justify continuation of a freezing injunction against Monterrico. The risk of dissipation of assets is real, and it is just and convenient to grant the injunction, subject to reduction in quantum and conditions regarding cross-undertakings and ATE insurance.

Parties
Claimants: Mario Alberto Tabra Guerrero & Others; First Defendant: Monterrico Metals PLC; Second Defendant: Rio Blanco Copper SA
Jurisdiction
England and Wales
Judgment Date
16 October 2009
Procedural Posture
Civil / Interlocutory Application for Continuation of Worldwide Freezing Injunction and Related Orders
Outcome
Freezing injunction continued against Monterrico Metals PLC, with quantum reduced and conditions imposed.
Legal Topics
Freezing Injunctions, Vicarious Liability, Negligence, Jurisdiction, Disclosure, Damages, Cross Undertaking in Damages
Tort Law Private International Law Human Rights Law Freezing Injunctions Vicarious Liability Negligence Jurisdiction Disclosure +2 more

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Parties

Mario Alberto Tabra Guerrero & Others

Claimants

Monterrico Metals PLC

First Defendant

Rio Blanco Copper SA

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Continuation of Worldwide Freezing Injunction and Related Orders

Legal Issues

  1. 1 Whether the Claimants are entitled to continuation of a worldwide freezing injunction against Monterrico Metals PLC
  2. 2 Whether there was material non-disclosure by the Claimants in the without notice application
  3. 3 Whether the Claimants have a good arguable case against Monterrico Metals PLC and Rio Blanco Copper SA

Ratio Decidendi

The Claimants, despite weaknesses in their case and some non-disclosure, have demonstrated a good arguable case sufficient to justify continuation of a freezing injunction against Monterrico. The risk of dissipation of assets is real, and it is just and convenient to grant the injunction, subject to reduction in quantum and conditions regarding cross-undertakings and ATE insurance.

Court Disposition

Freezing injunction continued against Monterrico Metals PLC, with quantum reduced and conditions imposed.

Orders

  • Monterrico Metals PLC restrained from disposing of assets up to £5,015,000, subject to exceptions for ordinary business and provision of security.
  • Claimants required to give cross-undertaking in damages.