Lungowe & Ors v Vedanta Resources Plc & Anor

Lungowe & Ors v Vedanta Resources Plc & Anor

The English courts have mandatory jurisdiction over Vedanta as an English-domiciled company under Article 4 of the Recast Brussels Regulation. There is a properly arguable case against Vedanta, both under Zambian statutory law and the common law duty of care, based on the pleaded facts and supporting evidence. KCM is a necessary and proper party, and England is the appropriate forum for the claims, particularly as the claimants would almost certainly not obtain substantial justice in Zambia due to poverty, lack of legal aid, and practical barriers. The judge's evaluative findings on access to justice and forum were not plainly wrong and should not be disturbed.

Parties
Respondents/claimants: Dominic Liswaniso Lungowe and others; Appellant/defendant: Vedanta Resources Plc; Appellant/defendant: Konkola Copper Mines Plc
Jurisdiction
England and Wales
Judgment Date
13 October 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Jurisdictional Challenge
Outcome
Appeal dismissed
Legal Topics
Parent Company Liability, Jurisdiction, Forum Non Conveniens, Access to Justice, Negligence, Statutory Liability, Group Litigation
Tort Law Environmental Law Conflict of Laws Civil Procedure Parent Company Liability Jurisdiction Forum Non Conveniens Access to Justice +3 more

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Parties

Dominic Liswaniso Lungowe and others

Respondents/claimants

Vedanta Resources Plc

Appellant/defendant

Konkola Copper Mines Plc

Appellant/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Jurisdictional Challenge

Legal Issues

  1. 1 Whether English courts have jurisdiction over Vedanta and KCM for torts committed in Zambia
  2. 2 Whether there is a real issue to be tried against Vedanta as an anchor defendant
  3. 3 Whether England is the proper forum for the claims against KCM

Ratio Decidendi

The English courts have mandatory jurisdiction over Vedanta as an English-domiciled company under Article 4 of the Recast Brussels Regulation. There is a properly arguable case against Vedanta, both under Zambian statutory law and the common law duty of care, based on the pleaded facts and supporting evidence. KCM is a necessary and proper party, and England is the appropriate forum for the claims, particularly as the claimants would almost certainly not obtain substantial justice in Zambia due to poverty, lack of legal aid, and practical barriers. The judge's evaluative findings on access to justice and forum were not plainly wrong and should not be disturbed.

Court Disposition

Appeal dismissed

Orders

  • The appeals of Vedanta and KCM are dismissed.
  • The order of Coulson J dismissing the jurisdictional challenges stands.