Minera Las Bambas SA & Anor v Glencore Queensland Ltd & Ors

Minera Las Bambas SA & Anor v Glencore Queensland Ltd & Ors

The Defendants are not entitled to assert litigation privilege against the Claimants over documents arising from the Peruvian Proceedings, as privilege belongs to the party to those proceedings. The 25 documents have been disclosed by category, engaging the general rule of inspection. The Defendants have not displaced the general rule, and there is no sufficient reason to refuse inspection based on relevance or timing.

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 / Interlocutory Application for Inspection of Documents
Outcome
Application granted
Legal Topics
Litigation Privilege, Disclosure, Inspection of Documents, Standard Disclosure, Common Interest Privilege
Civil Procedure Commercial Law Litigation Privilege Disclosure Inspection of Documents Standard Disclosure 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 / Interlocutory Application for Inspection of Documents

Legal Issues

  1. 1 Whether the Defendants are entitled to assert litigation privilege over documents arising from proceedings to which they are not a party
  2. 2 Whether the 25 documents have been disclosed under CPR 31.2
  3. 3 Whether the Court should refuse inspection under its inherent jurisdiction due to relevance or timing

Ratio Decidendi

The Defendants are not entitled to assert litigation privilege against the Claimants over documents arising from the Peruvian Proceedings, as privilege belongs to the party to those proceedings. The 25 documents have been disclosed by category, engaging the general rule of inspection. The Defendants have not displaced the general rule, and there is no sufficient reason to refuse inspection based on relevance or timing.

Court Disposition

Application granted

Orders

  • The Defendants must allow inspection of the 25 documents to the Claimants.