Minera Las Bambas SA & Anor v Glencore Queensland Ltd & Ors [2018] EWHC 286 (Comm) (21 February 2018)

Minera Las Bambas SA & Anor v Glencore Queensland Ltd & Ors [2018] EWHC 286 (Comm) (21 February 2018)

The Defendants cannot assert litigation privilege arising from the Peruvian Proceedings against the Claimants, as privilege belongs to the party to the litigation (the Claimants). The 25 documents have been disclosed by category and the Defendants have not displaced the general rule entitling the Claimants to inspection. The application is not refused on grounds of relevance or timing.

Citation
[2018] EWHC 286 (Comm)
Parties
Claimant: Minera Las Bambas SA; Claimant: MMG Swiss Finance AG; Defendant: Glencore Queensland Limited; Defendant: Glencore South America Limited; Defendant: Glencore International AG
Jurisdiction
England and Wales
Judgment Date
21 February 2018
Procedural Posture
Commercial Court Application / Interlocutory Application for Inspection of Documents
Outcome
Application granted
Legal Topics
Litigation Privilege, Disclosure, Inspection of Documents, Joint/common Interest Privilege
Civil Procedure Commercial Law Litigation Privilege Disclosure Inspection of Documents Joint/common Interest Privilege

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Parties

Minera Las Bambas SA

Claimant

MMG Swiss Finance AG

Claimant

Glencore Queensland Limited

Defendant

Glencore South America Limited

Defendant

Glencore International AG

Defendant

Procedural Posture

Commercial Court Application / Interlocutory Application for Inspection of Documents

Legal Issues

  1. 1 Have the 25 documents been disclosed under CPR 31.2?
  2. 2 Are the Defendants entitled to assert litigation privilege arising from the Peruvian Proceedings against the Claimants?
  3. 3 Does joint or common interest privilege assist the Claimants?

Ratio Decidendi

The Defendants cannot assert litigation privilege arising from the Peruvian Proceedings against the Claimants, as privilege belongs to the party to the litigation (the Claimants). The 25 documents have been disclosed by category and the Defendants have not displaced the general rule entitling the Claimants to inspection. The application is not refused on grounds of relevance or timing.

Court Disposition

Application granted

Orders

  • Defendants must permit inspection of the 25 documents disclosed and over which litigation privilege arising from the Peruvian Proceedings was asserted.