Lungowe v Vedanta Resources Plc & Ors

Lungowe v Vedanta Resources Plc & Ors

A Group Litigation Order is justified and required as all three sets of proceedings involve common or related issues of fact and law arising from the same mine, and efficient case management demands consolidation; separate strands for claimants represented by different firms are artificial and unjustified.

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 / Application for Group Litigation Order (glo)
Outcome
Group Litigation Order granted; proceedings transferred to Queen’s Bench Division.
Legal Topics
Group Litigation Order, Jurisdiction, Negligence, Nuisance, Trespass, Statutory Duty, Pollution, Case Management
Environmental Law Tort 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 / Application for Group Litigation Order (glo)

Legal Issues

  1. 1 Whether a Group Litigation Order should be made for three sets of proceedings against Vedanta and KCM
  2. 2 Whether claims involve common or related issues of fact or law suitable for group litigation
  3. 3 Relationship and appointment of lead solicitors in group litigation

Ratio Decidendi

A Group Litigation Order is justified and required as all three sets of proceedings involve common or related issues of fact and law arising from the same mine, and efficient case management demands consolidation; separate strands for claimants represented by different firms are artificial and unjustified.

Court Disposition

Group Litigation Order granted; proceedings transferred to Queen’s Bench Division.

Orders

  • GLO made for all three sets of proceedings against Vedanta and KCM.
  • Managing Judge to be appointed by President of Queen’s Bench Division.