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

The proposed amendment to pleadings (paragraph 196A) remains insufficiently particularised, failing to set out with clarity the case BHP must meet; therefore, permission to amend is refused.

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 Application and Case Management
Outcome
Application to amend pleadings refused; case management directions issued.
Legal Topics
Strict Liability, Disclosure, Amendment of Pleadings, Case Management, Expert Evidence
Environmental Law Civil Procedure Strict Liability Disclosure Amendment of Pleadings Case Management Expert Evidence

Case Brief

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Parties

Município de Mariana & Others

Claimant

BHP Group (UK) Ltd and BHP Group plc

Defendant

VALE S. A.

Third Party

Procedural Posture

Civil / Interlocutory Application and Case Management

Legal Issues

  1. 1 Whether claimants may amend pleadings to include revised paragraph 196A alleging BHP's extensive involvement in Samarco's operations
  2. 2 Whether proposed amendments are sufficiently particularised to enable defendants to understand the case they must meet
  3. 3 Timetabling for disclosure, witness statements, and expert evidence

Ratio Decidendi

The proposed amendment to pleadings (paragraph 196A) remains insufficiently particularised, failing to set out with clarity the case BHP must meet; therefore, permission to amend is refused.

Court Disposition

Application to amend pleadings refused; case management directions issued.

Orders

  • Permission to amend pleadings by inserting revised paragraph 196A is refused.
  • Disclosure timetable between BHP and claimants fixed: 29 February (main tranche), 28 March (final tranche).