Vilca & Ors v Xstrata Ltd & Anor [2018] EWHC 27 (QB) (19 January 2018)

Vilca & Ors v Xstrata Ltd & Anor [2018] EWHC 27 (QB) (19 January 2018)

The claimants' claims under Peruvian law are barred by limitation because the original English claim form and particulars did not set out the legal and factual basis for Peruvian law claims (petitorio and causa petendi) as required to interrupt the limitation period under Peruvian law. Amendments introducing Peruvian law claims after expiry of the two-year period do not relate back under English procedural rules, and there was no waiver by the defendants of the limitation defence.

Citation
[2018] EWHC 27
Parties
Claimants: Daniel Alfredo Condori Vilca & Ors; First Defendant: Xstrata Limited; Second Defendant: Compania Minera Antapaccay S. A. (Formerly Xstrata Tintaya S. A.)
Jurisdiction
England and Wales
Judgment Date
19 January 2018
Procedural Posture
Civil (tort/delict, Personal Injury, Fatal Accident) / Preliminary Issue Judgment on Limitation Under Peruvian Law
Outcome
Claimants' claims under Peruvian law are barred by limitation.
Legal Topics
Limitation of Actions, Prescription (extinctive), Foreign Law Application, Rome II Regulation, Waiver of Limitation Defence
Private International Law Tort Law Civil Procedure Limitation of Actions Prescription (extinctive) Foreign Law Application Rome II Regulation Waiver of Limitation Defence

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Parties

Daniel Alfredo Condori Vilca & Ors

Claimants

Xstrata Limited

First Defendant

Compania Minera Antapaccay S. A. (Formerly Xstrata Tintaya S. A.)

Second Defendant

Procedural Posture

Civil (tort/delict, Personal Injury, Fatal Accident) / Preliminary Issue Judgment on Limitation Under Peruvian Law

Legal Issues

  1. 1 Whether the claimants' claims under Peruvian law are barred by limitation (prescription)
  2. 2 Whether service of the original English claim form and particulars interrupted the Peruvian limitation period for claims subsequently pleaded under Peruvian law
  3. 3 Whether amendments to pleadings introducing Peruvian law claims relate back to the original claim date under English procedural rules

Ratio Decidendi

The claimants' claims under Peruvian law are barred by limitation because the original English claim form and particulars did not set out the legal and factual basis for Peruvian law claims (petitorio and causa petendi) as required to interrupt the limitation period under Peruvian law. Amendments introducing Peruvian law claims after expiry of the two-year period do not relate back under English procedural rules, and there was no waiver by the defendants of the limitation defence.

Court Disposition

Claimants' claims under Peruvian law are barred by limitation.

Orders

  • All claims under Peruvian law are dismissed as time-barred.
  • No finding of waiver of limitation by defendants.