Lungowe & Ors v Vedanta Resources Plc & Anor

Lungowe & Ors v Vedanta Resources Plc & Anor

The English court has jurisdiction over Vedanta as a UK-domiciled defendant and cannot stay proceedings on forum non conveniens or abuse of EU law grounds. There is a real issue to be tried against Vedanta. KCM is a necessary or proper party to the claim, and England is the appropriate forum principally because of the ongoing proceedings against Vedanta and the risk of denial of justice in Zambia due to lack of funding, lawyers, and past failures of similar litigation. Applications by Vedanta and KCM to stay or set aside proceedings are dismissed.

Parties
Claimants: Dominic Liswaniso Lungowe & Others; First Defendant: Vedanta Resources Plc; Second Defendant: Konkola Copper Mines Plc
Jurisdiction
England and Wales
Judgment Date
27 May 2016
Procedural Posture
Civil (tort/environmental/personal Injury) / Interlocutory Applications on Jurisdiction and Forum Non Conveniens
Outcome
Applications by Vedanta and KCM dismissed; English court retains jurisdiction.
Legal Topics
Parent Company Liability, Forum Non Conveniens, Jurisdiction, Access to Justice, Group Litigation, Negligence, Statutory Liability, Injunctions
Tort Law Environmental Law Private International Law Civil Procedure Parent Company Liability Forum Non Conveniens Jurisdiction Access to Justice +4 more

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Parties

Dominic Liswaniso Lungowe & Others

Claimants

Vedanta Resources Plc

First Defendant

Konkola Copper Mines Plc

Second Defendant

Procedural Posture

Civil (tort/environmental/personal Injury) / Interlocutory Applications on Jurisdiction and Forum Non Conveniens

Legal Issues

  1. 1 Whether the English court has jurisdiction over claims against Vedanta and KCM
  2. 2 Whether proceedings against Vedanta (UK-domiciled) can be stayed on forum non conveniens or abuse of EU law grounds
  3. 3 Whether service out of jurisdiction on KCM (Zambian company) should be set aside

Ratio Decidendi

The English court has jurisdiction over Vedanta as a UK-domiciled defendant and cannot stay proceedings on forum non conveniens or abuse of EU law grounds. There is a real issue to be tried against Vedanta. KCM is a necessary or proper party to the claim, and England is the appropriate forum principally because of the ongoing proceedings against Vedanta and the risk of denial of justice in Zambia due to lack of funding, lawyers, and past failures of similar litigation. Applications by Vedanta and KCM to stay or set aside proceedings are dismissed.

Court Disposition

Applications by Vedanta and KCM dismissed; English court retains jurisdiction.

Orders

  • Vedanta's application for stay or declaration of no jurisdiction dismissed.
  • KCM's application to set aside service out of jurisdiction or stay proceedings dismissed.