Município de Mariana & Others v BHP Group (UK) Ltd and BHP Group plc & Anor

Município de Mariana & Others v BHP Group (UK) Ltd and BHP Group plc & Anor

Model B disclosure is ordered for issue 5 as relevant documents are within Vale's knowledge and common to both parties; model D disclosure is ordered for issue 13 due to potential existence of contemporaneous reports on earthquakes; model C disclosure is ordered for issue 14 with Vale to draft a targeted request; Vale's expert reports and depositions are to be disclosed subject to confidentiality, with a witness statement on process due by 9 April and documents disclosed by 19 April 2024.

Parties
Claimant: Município de Mariana & Others; Defendant: BHP Group (UK) Ltd and BHP Group plc; Third Party: VALE S. A.
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil / Interlocutory Judgment on Disclosure Issues
Outcome
Interlocutory orders on disclosure issues granted.
Legal Topics
Disclosure, Extended Disclosure Models, Confidentiality Orders
Civil Procedure Commercial Law Disclosure Extended Disclosure Models Confidentiality Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Município de Mariana & Others

Claimant

BHP Group (UK) Ltd and BHP Group plc

Defendant

VALE S. A.

Third Party

Procedural Posture

Civil / Interlocutory Judgment on Disclosure Issues

Legal Issues

  1. 1 Appropriate disclosure model for issue 5 regarding Vale's competition and policies
  2. 2 Disclosure model for issue 13 concerning earthquakes and dam collapse
  3. 3 Disclosure model for issue 14 regarding BHP's participation in TTAC

Ratio Decidendi

Model B disclosure is ordered for issue 5 as relevant documents are within Vale's knowledge and common to both parties; model D disclosure is ordered for issue 13 due to potential existence of contemporaneous reports on earthquakes; model C disclosure is ordered for issue 14 with Vale to draft a targeted request; Vale's expert reports and depositions are to be disclosed subject to confidentiality, with a witness statement on process due by 9 April and documents disclosed by 19 April 2024.

Court Disposition

Interlocutory orders on disclosure issues granted.

Orders

  • Both parties to give model B disclosure for issue 5.
  • Both parties to give model D disclosure for issue 13.