Posts Tagged Samarco
Update 21 April 2020. Being instructed by claimants in the case, I cannot comment much on one of the first formal Orders in the case (now known as Municipio de Mariana and ors v BHP Group),  EWHC 928 (TCC). Eyre J’s Order identifies the threefold jurisdictional challenge: 1. Forum non conveniens for non-EU defendants; 2. Article 34 Brussels IA for the EU-based defendants; 3. Abuse of process, case management for both. Eyre J granted defendants’ application for extension of time, albeit not to an autumn slot as requested but rather 21 July (moved from 8 June).
Justice Eyre refers to already existing Covid19 protocol precedent, on the need and reasons for postponing hearings. He has more sympathy for delay by teleworking than expressed by Alexander DJ in Heineken Supply Chain v Anheuser-Busch Inbev  EWHC 892 (Pat) (who referred to the greater discomfort of other professions than the legal one), listing more au fait reasons for postponing at 32. An extension of 6 weeks was ordered.
The media have been reporting on a considerable class action lawsuit, underway in the English courts, in the Corporate Social Responsibility /mass torts category.
The class action case was filed against Anglo-Australian company BHP Billiton on behalf of 240,000 individuals, 24 municipal governments, 11,000 businesses, a Catholic archdiocese and about 200 members of the Krenak indigenous community. It concerns victims of the Samarco dam collapse in Mariana three years ago.
I am reporting the case simply to ensure complete overview of the CSR /jurisdiction /applicable law issues reported on the blog. For as I am co-counsel acting for the claimants, I am not in a position to comment on the case until and if legal analysis will be in the public domain.
(Handbook of) European Private International Law, 2nd ed. 2016, Chapter 8, Heading 8.3.
abuse, abuse of process, abuse of rights, Anchor defendant, article 7, Bento Rodrigues, BHP Billiton, case management, Chandler v Cape, Corporate social responsibility, Covid19, CSR, Duty of care, environmental damage, FNC, Forum non conveniens, Heineken Supply Chain v Anheuser-Busch Inbev  EWHC 892 (Pat)., https://www.bailii.org/ew/cases/EWHC/TCC/2020/928.html, Municipio de Mariana and ors v BHP Group, Procedure, Samarco,  EWHC 892 (Pat).,  EWHC 928 (TCC)
- The CJEU’s locus damni determination in Volkswagen dismisses a US style minimum contacts rule. Like the passat, it risks picking up suits and landing them almost anywhere. 10/07/2020
- Villiers v Villiers. ‘Divorce tourism’ at the UKSC. An undisputed rejection of forum non; and a contentious discussion of ‘related action’. 08/07/2020
- Fabricom: the High Court on Waste to energy – W2E and refuse derived fuel – RDF. On the nature of environment efficient power generation. 06/07/2020
- Sodmilab. The Paris Court of Appeal on lois de police, Rome I, II and commercial agency. 02/07/2020
- On the nature of private international law. Applying islamic law in the European Court of Human Rights. 01/07/2020
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