Kesabo & Ors v African Barrick Gold Plc & Anor [2013] EWHC 3198 (QB) (23 October 2013)

Kesabo & Ors v African Barrick Gold Plc & Anor [2013] EWHC 3198 (QB) (23 October 2013)

The particulars of claim were not served within the time specified by the rules. However, considering all the circumstances, including the lack of intentional non-compliance, the difficulties faced by the Claimants, the absence of prejudice to the Defendants, and the overriding objective, relief from sanctions and a short extension of time for service of compliant particulars of claim is granted.

Citation
[2013] EWHC 3198
Parties
Claimants: Magige Ghati Kesabo and 11 others; 1st Defendant: African Barrick Gold Plc; 2nd Defendant: North Mara Gold Mine Ltd
Jurisdiction
England and Wales
Judgment Date
23 October 2013
Procedural Posture
Civil / Interlocutory Application for Relief From Sanctions and Extension of Time for Service of Particulars of Claim
Outcome
Relief from sanctions granted; extension of time for service of particulars of claim granted for a short period.
Legal Topics
Relief From Sanctions, Extension of Time, Service of Particulars of Claim, Vicarious Liability, Negligence, Trespass to the Person, Conspiracy, Occupiers' Liability, Jurisdiction, Anti Suit Injunction
Civil Procedure Tort Law International Law Relief From Sanctions Extension of Time Service of Particulars of Claim Vicarious Liability Negligence +5 more

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Parties

Magige Ghati Kesabo and 11 others

Claimants

African Barrick Gold Plc

1st Defendant

North Mara Gold Mine Ltd

2nd Defendant

Procedural Posture

Civil / Interlocutory Application for Relief From Sanctions and Extension of Time for Service of Particulars of Claim

Legal Issues

  1. 1 Whether the particulars of claim were served in time under CPR 7.4 and 7.5
  2. 2 Whether relief from sanctions and an extension of time for service of particulars of claim should be granted under CPR 3.1(2)(a) and 3.9
  3. 3 Adequacy of the particulars of claim served

Ratio Decidendi

The particulars of claim were not served within the time specified by the rules. However, considering all the circumstances, including the lack of intentional non-compliance, the difficulties faced by the Claimants, the absence of prejudice to the Defendants, and the overriding objective, relief from sanctions and a short extension of time for service of compliant particulars of claim is granted.

Court Disposition

Relief from sanctions granted; extension of time for service of particulars of claim granted for a short period.

Orders

  • Claimants granted relief from sanctions for late service of particulars of claim.
  • Time for service of particulars of claim extended for a short period from the handing down of judgment.