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 Civil Procedure Rules, but relief from sanctions and a short extension of time for service of compliant particulars of claim was granted due to the circumstances, including the lack of intentional default, prompt application, and the...

Source-derived case information.

Citation
[2013] EWHC 3198 (QB)
Parties
Claimant: Magige Ghati Kesabo and 11 others; Defendant: African Barrick Gold Plc; 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 allowed for a short period.
Legal Topics
Relief From Sanctions, Extension of Time, Service of Particulars of Claim, Vicarious Liability, Negligence, Trespass to the Person, Jurisdiction, Disclosure Obligations
Civil Procedure Tort Law International Law Relief From Sanctions Extension of Time Service of Particulars of Claim Vicarious Liability Negligence +3 more

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Summary, issues, holding and outcome

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Parties

Magige Ghati Kesabo and 11 others

Claimant

African Barrick Gold Plc

Defendant

North Mara Gold Mine Ltd

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 Civil Procedure Rules, but relief from sanctions and a short extension of time for service of compliant particulars of claim was granted due to the circumstances, including the lack of intentional default, prompt application, and the overriding objective of dealing with cases justly.

Court Disposition

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

Orders

  • Claimants granted relief from sanctions for late service of particulars of claim.
  • Claimants granted a short extension of time to serve compliant particulars of claim.