Vilca & Ors v Xstrata Ltd & Anor

Vilca & Ors v Xstrata Ltd & Anor

There is no sufficiently recognised standard or body of expertise regarding the Voluntary Principles on Security and Human Rights to admit Mr Freeman's evidence as expert evidence; the court can determine compliance with the VPs without expert assistance.

Parties
Claimants: 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
03 November 2016
Procedural Posture
Civil / Case Management Conference Ruling
Outcome
Application to rely on Mr Freeman as expert witness rejected; permission to re-amend Particulars of Claim granted subject to process; directions for reply witness statements adjourned.
Legal Topics
Expert Evidence, Disclosure, Amendment of Pleadings, Trial Directions
Tort Civil Procedure Expert Evidence Disclosure Amendment of Pleadings Trial Directions

Case Brief

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Parties

Daniel Alfredo Condori Vilca & 21 Others

Claimants

Xstrata Limited

Defendant

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

Defendant

Procedural Posture

Civil / Case Management Conference Ruling

Legal Issues

  1. 1 Whether claimants may rely on Mr Bennett Freeman as an expert witness on Voluntary Principles on Security and Human Rights
  2. 2 Permission to re-amend Particulars of Claim
  3. 3 Directions for witness statements in reply

Ratio Decidendi

There is no sufficiently recognised standard or body of expertise regarding the Voluntary Principles on Security and Human Rights to admit Mr Freeman's evidence as expert evidence; the court can determine compliance with the VPs without expert assistance.

Court Disposition

Application to rely on Mr Freeman as expert witness rejected; permission to re-amend Particulars of Claim granted subject to process; directions for reply witness statements adjourned.

Orders

  • Claimants' application to rely on Mr Freeman as expert witness is rejected.
  • Permission to re-amend Particulars of Claim granted in accordance with current draft, subject to further amendments and objections.