Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2024] EWHC 953 (TCC) (18 April 2024)

Municipio De Mariana & Ors v BHP Group (UK) Ltd & Anor [2024] EWHC 953 (TCC) (18 April 2024)

The court found that the dominant purpose of the investigation and the preparation of the witness interview notes was to enable BHP to obtain legal advice and prepare for anticipated litigation, satisfying the requirements for litigation privilege. Therefore, the notes are protected and not subject to disclosure or further review.

Citation
[2024] EWHC 953 (TCC)
Parties
Claimants: Município de Mariana & Others; Defendants: BHP Group (UK) Ltd; Third Party: VALE S. A.
Jurisdiction
England and Wales
Judgment Date
18 April 2024
Procedural Posture
Application in Ongoing Civil Proceedings / Interlocutory Application for Disclosure of Interview Notes
Outcome
Application dismissed
Legal Topics
Litigation Privilege Over Interview Notes, Disclosure Obligations, Dominant Purpose Test, Evidence Gathering in Anticipation of Litigation
Civil Procedure Litigation Privilege Disclosure Litigation Privilege Over Interview Notes Disclosure Obligations Dominant Purpose Test Evidence Gathering in Anticipation of Litigation

Case Brief

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Parties

Município de Mariana & Others

Claimants

BHP Group (UK) Ltd

Defendants

VALE S. A.

Third Party

Procedural Posture

Application in Ongoing Civil Proceedings / Interlocutory Application for Disclosure of Interview Notes

Legal Issues

  1. 1 Whether witness interview notes prepared by Cleary Gottlieb for BHP are protected by litigation privilege
  2. 2 Whether the dominant purpose of the investigation was litigation or public reporting
  3. 3 Whether the court should order disclosure or review of the interview notes

Ratio Decidendi

The court found that the dominant purpose of the investigation and the preparation of the witness interview notes was to enable BHP to obtain legal advice and prepare for anticipated litigation, satisfying the requirements for litigation privilege. Therefore, the notes are protected and not subject to disclosure or further review.

Court Disposition

Application dismissed

Orders

  • No order for disclosure or review of the witness interview notes
  • No further review by Slaughter and May