- Judge refuses permission to appeal against striking out in unusual, reasoned judgment (Municipio De Mariana v BHP Group plc)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: The claimants in this group claim have lost their application for permission to appeal against Mr Justice Turner’s order in 2020, striking out their English court claim following the collapse of the Fundão dam in Brazil. As the judge said in his latest judgment, the requirement on a losing party to ask the same judge for permission may lead to a ‘perception that [the judge] is marking his own homework’. Emphasising that he remained entirely objective, the judge refused the request. He criticised the ‘bloated draft grounds [of appeal]’ that the claimants had submitted; and maintained that he was right to strike out the claim because it was ‘irredeemably unmanageable’. The delivery of a substantive judgment refusing such an application is unusual. The judge said it was justified in a case of complexity as it might assist the Court of Appeal in considering renewal of the application in that court. Litigation involving the same subject matter continues in Brazil. Written by Ian Gascoigne, dispute lawyer, writer and legal trainer.
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