Vilca & 21 Ors v Xstrata Ltd & Anor

Vilca & 21 Ors v Xstrata Ltd & Anor

Disclosure must be conducted in a manner that is proportionate to the seriousness of the allegations and the nature of the case, prioritising email traffic as the primary source, with further searches for documents only if justified by what emerges; requests for disclosure from related entities are deferred pending clarification of control, and trial date must be vacated until disclosure is complete.

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
29 February 2016
Procedural Posture
Civil / Interlocutory Judgment on Disclosure Applications
Outcome
Interlocutory judgment; trial date vacated; disclosure applications partially granted, partially deferred.
Legal Topics
Disclosure, E Disclosure, Proportionality, Control of Documents, Duty of Care, Vicarious Liability
Civil Procedure Tort International Law Disclosure E Disclosure Proportionality Control of Documents Duty of Care +1 more

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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 / Interlocutory Judgment on Disclosure Applications

Legal Issues

  1. 1 Extent and scope of disclosure obligations
  2. 2 Proportionality of disclosure relative to claim value
  3. 3 Control over documents held by related entities

Ratio Decidendi

Disclosure must be conducted in a manner that is proportionate to the seriousness of the allegations and the nature of the case, prioritising email traffic as the primary source, with further searches for documents only if justified by what emerges; requests for disclosure from related entities are deferred pending clarification of control, and trial date must be vacated until disclosure is complete.

Court Disposition

Interlocutory judgment; trial date vacated; disclosure applications partially granted, partially deferred.

Orders

  • Email disclosure to proceed as primary step for specified custodians and keywords.
  • Further searches for documents deferred pending outcome of email disclosure.