Lungowe v Vedanta Resources Plc & Ors [2020] EWHC 749 (TCC) (27 March 2020)

Lungowe v Vedanta Resources Plc & Ors [2020] EWHC 749 (TCC) (27 March 2020)

A Group Litigation Order is appropriate as the claims arise from the same alleged pollution, involve common issues of law and fact, and efficient case management requires consolidation. Separate representation for different claimant groups is not justified; the court will appoint a lead solicitor and require a single counsel team for the claimants. The proceedings are transferred to the Queen's Bench Division for further management.

Citation
[2020] EWHC 749 (TCC)
Parties
Claimants: Dominic Liswaniso Lungowe & 3,729 Others; First Defendant: Vedanta Resources PLC; Second Defendant: Konkola Copper Mines PLC
Jurisdiction
England and Wales
Judgment Date
27 March 2020
Procedural Posture
Group Litigation Order (glo) Application / Application for GLO and Case Management Directions
Outcome
Group Litigation Order made; proceedings transferred to Queen's Bench Division; Managing Judge to be appointed by President of QBD.
Legal Topics
Group Litigation Order, Jurisdiction, Negligence, Nuisance, Trespass, Statutory Duty, Case Management, Lead Solicitor Appointment
Tort Law Environmental Law Civil Procedure Group Litigation Order Jurisdiction Negligence Nuisance Trespass +3 more

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Parties

Dominic Liswaniso Lungowe & 3,729 Others

Claimants

Vedanta Resources PLC

First Defendant

Konkola Copper Mines PLC

Second Defendant

Procedural Posture

Group Litigation Order (glo) Application / Application for GLO and Case Management Directions

Legal Issues

  1. 1 Whether a Group Litigation Order (GLO) should be made in respect of three sets of proceedings against Vedanta and KCM
  2. 2 Whether the claims give rise to common or related issues of fact or law suitable for group litigation
  3. 3 Whether separate representation for different claimant groups is justified in group litigation

Ratio Decidendi

A Group Litigation Order is appropriate as the claims arise from the same alleged pollution, involve common issues of law and fact, and efficient case management requires consolidation. Separate representation for different claimant groups is not justified; the court will appoint a lead solicitor and require a single counsel team for the claimants. The proceedings are transferred to the Queen's Bench Division for further management.

Court Disposition

Group Litigation Order made; proceedings transferred to Queen's Bench Division; Managing Judge to be appointed by President of QBD.

Orders

  • A Group Litigation Order is made in respect of all three sets of proceedings.
  • Proceedings are transferred from the Technology and Construction Court to the Queen's Bench Division.