Vilca & Ors v Xstrata Ltd & Anor

Vilca & Ors v Xstrata Ltd & Anor

The Claimants' claims under Peruvian law are barred by limitation because the original claim form and particulars did not interrupt the Peruvian limitation period for claims under Peruvian law, as they did not plead the necessary facts or foreign law as required by Peruvian law. Amendments to plead Peruvian law claims do not relate back to the original claim date, and there was no waiver of the limitation defence by the Defendants.

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, Foreign Law) / Preliminary Hearing on Limitation (prescription) Under Peruvian Law
Outcome
Claim dismissed (Peruvian law claims barred by limitation)
Legal Topics
Limitation of Actions, Foreign Law Application, Prescription Under Civil Law, Amendment of Pleadings, Waiver of Limitation Defence
Private International Law Civil Procedure Tort Law Limitation of Actions Foreign Law Application Prescription Under Civil Law Amendment of Pleadings Waiver of Limitation Defence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

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, Foreign Law) / Preliminary Hearing on Limitation (prescription) 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 under Peruvian law
  3. 3 Whether amendments to plead Peruvian law claims relate back to the original claim date under English or Peruvian law

Ratio Decidendi

The Claimants' claims under Peruvian law are barred by limitation because the original claim form and particulars did not interrupt the Peruvian limitation period for claims under Peruvian law, as they did not plead the necessary facts or foreign law as required by Peruvian law. Amendments to plead Peruvian law claims do not relate back to the original claim date, and there was no waiver of the limitation defence by the Defendants.

Court Disposition

Claim dismissed (Peruvian law claims barred by limitation)

Orders

  • Claimants' claims under Peruvian law are barred by extinctive prescription (limitation).
  • No finding of waiver; Defendants may rely on limitation defence.