Município de Mariana & Others vs BHP Group (UK) Ltd

This case concerned the application for Model C disclosure by Vale S.A. in a complex liability dispute involving BHP Group (UK) Ltd.

TLDR:

• Vale S.A. applied for Model C disclosure against BHP Group (UK) Ltd.
• The application focused on the negotiation and performance of the TTAC agreement.
• The court granted the disclosure request, deeming it reasonable and proportionate.

The claimants, Município de Mariana & Others, brought a case against BHP Group (UK) Ltd, with Vale S.A. involved as a third party. The case revolved around the liability associated with the TTAC agreement dated 2 March 2016.

Vale S.A. argued that any liability between Vale and BHP had been compromised under the TTAC agreement. They contended that BHP's participation in the negotiation and performance of the TTAC bound them to this compromise, which could be fatal to BHP's Part 20 claims.

The request for Model C disclosure had already undergone significant negotiation, with agreements reached on several points. However, disputes remained over parts (c) and (d) of the request. Part (c) involved formal instructions and recommendations related to the TTAC negotiations, while part (d) concerned records of meetings not attended by Vale-affiliated individuals.

BHP argued that part (c) was unnecessary and too broad, claiming it did not meet the precise description required for a Model C request. They also contended that the relevant documents would be in both parties' possession and that the capacity in which individuals acted could be determined from parts (a) and (b) of the request.

The court, however, found part (c) to be a reasonable and proportionate request. It was sufficiently narrowed and targeted, focusing on instructions and recommendations related to the TTAC negotiations. The court acknowledged the importance Vale placed on this disclosure, considering it potentially dispositive.

Regarding part (d), the court also deemed it a reasonable and proportionate request. It was limited to six identified meetings not attended by Vale or its affiliates and targeted specific individuals and date ranges. The court concluded that the request would not impose a significant burden on BHP and was appropriate to order.

This ruling underscores the court's approach to disclosure in complex litigation, balancing the need for thorough investigation with the requirement for precise and proportionate requests.

Legal representatives: Alain Choo Choy KC, Andrew Fulton KC, Jonathan McDonagh, Pippa Manby, Russell Hopkins, Grace Ferrier, Anisa Kassamali, and Antonia Eklund (instructed by PGMBM LAW LTD t/a Pogust Goodhead) for the Claimants; Daniel Toledano KC, Shaheed Fatima KC, Victoria Windle KC, Nicholas Sloboda KC, Maximillian Schlote, and Joe Johnson (instructed by Slaughter and May) for the Defendants; Vernon Flynn KC, Crawford Jamieson, and Charles Wall (instructed by White & Case) for the Third Party.

Judicial Panel: Mrs Justice O'Farrell

Case Citation Reference: [2024] EWHC 954 (TCC)