Municipio De Mariana & Ors v BHP Group PLC & Anor (Rev 1)

Municipio De Mariana & Ors v BHP Group PLC & Anor (Rev 1)

The claims were struck out as an abuse of process because they were irredeemably unmanageable in England, and pursuing such proceedings would constitute an abuse. Permission to appeal was refused as no real prospect of appellate success was established. Defendants were awarded their costs as the successful party, with an interim payment ordered.

Parties
Claimant: Município de Mariana; First Defendant: BHP Group PLC (formerly BHP Billiton PLC); Seventh Defendant: BHP Group LTD
Jurisdiction
England and Wales
Judgment Date
29 January 2021
Procedural Posture
Civil / Post Strike Out, Permission to Appeal and Costs Determination
Outcome
Permission to appeal refused; costs awarded to defendants; interim payment ordered; disclosure issues deferred.
Legal Topics
Abuse of Process, Forum Non Conveniens, Article 34 Brussels Regulation, Case Management, Costs, Interim Payment, Litigation Funding
Civil Procedure International Law Environmental Law Abuse of Process Forum Non Conveniens Article 34 Brussels Regulation Case Management Costs +2 more

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Parties

Município de Mariana

Claimant

BHP Group PLC (formerly BHP Billiton PLC)

First Defendant

BHP Group LTD

Seventh Defendant

Procedural Posture

Civil / Post Strike Out, Permission to Appeal and Costs Determination

Legal Issues

  1. 1 Whether the claims should be struck out as an abuse of process
  2. 2 Whether permission to appeal should be granted
  3. 3 Whether a stay should be granted under Article 34 Brussels Regulation

Ratio Decidendi

The claims were struck out as an abuse of process because they were irredeemably unmanageable in England, and pursuing such proceedings would constitute an abuse. Permission to appeal was refused as no real prospect of appellate success was established. Defendants were awarded their costs as the successful party, with an interim payment ordered.

Court Disposition

Permission to appeal refused; costs awarded to defendants; interim payment ordered; disclosure issues deferred.

Orders

  • Defendants awarded costs of the action, subject to detailed assessment.
  • Claimants ordered to pay £8,000,000 on account of costs by 4:00pm on 12 February 2021.