Vilca & 21 Ors v Xstrata Ltd & Anor

The court ordered expanded disclosure search terms to include code words and acronyms, directed investigation of specified backups, required witness statements for hard copy searches, and maintained costs in the case as neither party was wholly successful.

Parties: Claimant: Daniel Alfredo Condori Vilca & 21 Others; Defendant: Xstrata Limited; Defendant: Compania Minera Antapaccay S.A. (formerly Xstrata Tintaya S.A.)
Jurisdiction: England and Wales
Judgment Date: 27 April 2016
Procedural Posture: Civil / Supplemental Judgment on Disclosure and Procedural Issues
Outcome: Supplemental judgment with directions on disclosure and procedural matters.
Legal Topics: Disclosure, Costs, Document Search, Control of Documents

Civil Procedure Disclosure Costs Document Search Control of Documents

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Parties

Daniel Alfredo Condori Vilca & 21 Others

Claimant

Xstrata Limited

Defendant

Compania Minera Antapaccay S.A. (formerly Xstrata Tintaya S.A.)

Defendant

Procedural Posture

Civil / Supplemental Judgment on Disclosure and Procedural Issues

Legal Issues

1 Whether additional code words and acronyms should be included in disclosure search terms
2 Whether IT experts should provide unified backup schedules and directory trees
3 Whether Mr Charles Sartain should be added as a custodian for disclosure

Ratio Decidendi

Court Disposition

Supplemental judgment with directions on disclosure and procedural matters.

Orders

Expanded disclosure search terms to include code words and acronyms used during the relevant period.
Investigation of September Lima Backup and August Antapaccay Backup as proposed.