Vale SA v BHP Group (UK) Ltd & Anor

Vale SA v BHP Group (UK) Ltd & Anor

The judge applied the correct legal principles to the facts, gave appropriate weight to the risk of irreconcilable judgments, and was entitled to conclude that the English court is the appropriate forum for the Part 20 claim against Vale. There is no real prospect of success in the grounds of appeal, and permission to appeal is refused.

Parties
Appellant: Vale S. A.; 1st Respondent: BHP Group (UK) Ltd; 2nd Respondent: BHP Group Ltd
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Appeal / Permission to Appeal (pta) Application in the Court of Appeal
Outcome
Permission to appeal refused
Legal Topics
Jurisdiction, Forum Non Conveniens, Case Management, Multi Party Litigation
Civil Procedure Private International Law Jurisdiction Forum Non Conveniens Case Management Multi Party Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Vale S. A.

Appellant

BHP Group (UK) Ltd

1st Respondent

BHP Group Ltd

2nd Respondent

Procedural Posture

Civil Appeal / Permission to Appeal (pta) Application in the Court of Appeal

Legal Issues

  1. 1 Whether the English court is the appropriate forum for the Part 20 claim against Vale
  2. 2 Whether there is a serious issue to be tried in the Part 20 claim
  3. 3 Whether Vale can be ready to participate in the threshold liability trial in Autumn 2024

Ratio Decidendi

The judge applied the correct legal principles to the facts, gave appropriate weight to the risk of irreconcilable judgments, and was entitled to conclude that the English court is the appropriate forum for the Part 20 claim against Vale. There is no real prospect of success in the grounds of appeal, and permission to appeal is refused.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Vale to comply with existing case management directions including participation in trial preparations