Andres Fernando Bravo & Ors v Amerisur Resources Ltd

Andres Fernando Bravo & Ors v Amerisur Resources Ltd

Article 47 of Law 472 is a limitation rule within Rome II, but this English action does not meet the criteria for a Colombian group action and is not time-barred under Article 47. The legal principles averred regarding parent company liability are correct but do not preclude claims under Articles 2356 or 2341, as...

Source-derived case information.

Parties
Claimants: Andres Fernando Bravo & Others; Defendant: Amerisur Resources Limited
Jurisdiction
England and Wales
Judgment Date
26 January 2023
Procedural Posture
Group Litigation Order (glo) Environmental Tort / Trial of Preliminary Issues
Outcome
Preliminary Issue 1: Claims not time-barred under Article 47 of Law 472. Preliminary Issue 2: Legal principles averred are correct but do not preclude claims under Articles 2356 or 2341.
Legal Topics
Limitation Periods, Group Actions, Parent Company Liability, Rome II Regulation, Colombian Civil Code, Procedural Vs Substantive Law, Public Policy Exception
Private International Law Environmental Law Tort Law Civil Procedure Limitation Periods Group Actions Parent Company Liability Rome II Regulation +3 more

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Parties

Andres Fernando Bravo & Others

Claimants

Amerisur Resources Limited

Defendant

Procedural Posture

Group Litigation Order (glo) Environmental Tort / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether claims are time-barred under Article 47 of Law 472 of 1998 (Colombia)
  2. 2 Whether English proceedings should be treated as Colombian group action for limitation purposes
  3. 3 Whether Colombian legal principles preclude parent company liability under Articles 2356 or 2341 of the Civil Code

Ratio Decidendi

Article 47 of Law 472 is a limitation rule within Rome II, but this English action does not meet the criteria for a Colombian group action and is not time-barred under Article 47. The legal principles averred regarding parent company liability are correct but do not preclude claims under Articles 2356 or 2341, as liability depends on the facts pleaded.

Court Disposition

Preliminary Issue 1: Claims not time-barred under Article 47 of Law 472. Preliminary Issue 2: Legal principles averred are correct but do not preclude claims under Articles 2356 or 2341.

Orders

  • Claims may proceed; not dismissed as time-barred.
  • No summary judgment for defendant on parent company liability.