Município de Mariana & Ors v BHP Group (UK) Ltd & Anor (Ruling on interview notes)

Município de Mariana & Ors v BHP Group (UK) Ltd & Anor (Ruling on interview notes)

The court found that the dominant purpose of the investigation, including the witness interviews and preparation of notes, was to enable legal advice and preparation for anticipated litigation, and therefore litigation privilege was properly claimed. Disclosure of the witness summaries or notes was refused.

Parties
Claimants: Município de Mariana & Others; Defendants: BHP Group (UK) Ltd and BHP Group Limited; Third Party: VALE S. A.
Jurisdiction
England and Wales
Judgment Date
11 November 2024
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Application dismissed
Legal Topics
Litigation Privilege, Disclosure of Documents, Witness Interview Notes
Civil Procedure Evidence Litigation Privilege Disclosure of Documents Witness Interview Notes

Case Brief

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Parties

Município de Mariana & Others

Claimants

BHP Group (UK) Ltd and BHP Group Limited

Defendants

VALE S. A.

Third Party

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether witness interview notes are protected by litigation privilege
  2. 2 Whether the dominant purpose of the investigation was litigation

Ratio Decidendi

The court found that the dominant purpose of the investigation, including the witness interviews and preparation of notes, was to enable legal advice and preparation for anticipated litigation, and therefore litigation privilege was properly claimed. Disclosure of the witness summaries or notes was refused.

Court Disposition

Application dismissed

Orders

  • No disclosure of witness interview notes or summaries
  • No further review by Slaughter and May