Case Note: Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd – Blackstone Chambers

‘This note considers the judgment of Turner J in the Technology and Construction Court of 10 November 2020 in the case of Município de Mariana & Ors v BHP Group plc, BHP Billiton plc and BHP Group Ltd. In that judgment, Turner J struck out a claim by a very large group of claimants for compensation for damage caused by the 2015 collapse of the Fundão Dam in South Eastern Brazil, in which over 40 million cubic metres of tailings washed into the Doce River with massive human, environmental, and economic cost. This note presents the factual background of the case and sets out the most relevant features of the judgment for the practice of mass tort litigation in the multinational context.’

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Blackstone Chambers, 15th February 2021

Source: www.blackstonechambers.com

Consigned to History: Do abuse of process arguments work in historic sex cases? – Carmelite Chambers

Posted February 2nd, 2021 in abuse of process, delay, news, stay of proceedings by sally

‘Ben Hargreaves looks at the case law from R (Ebrahim) v Feltham MC [2001] 2 Cr.App.R. 23 through to R v Hewitt [2020] EWCA Crim 1247 and considers whether there is any prospect of turning the tide on the diminishing scope for successful abuse arguments in historic sex allegations.’

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Carmelite Chambers, 1st February 2021

Source: www.carmelitechambers.co.uk

High Court strikes out group action as an abuse of process: Municipo de Mariana v BHP Group PLC [2020] EWHC 2930 (TCC) – Henderson Chambers

‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’

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Henderson Chambers, 19th November 2020

Source: www.hendersonchambers.co.uk

Children: Public Law Update (October) – Family Law Week

“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”

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Family Law Week, 28th October 2020

Source: www.familylawweek.co.uk

Judge condemns late argument in “forensic arms race” of a case – Litigation Futures

‘A High Court judge has strongly attacked the claimants in what he described as a “forensic arms race” over a complex claim by 202,000 Brazilian people and businesses following the collapse of a dam in 2015.’

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Litigation Futures, 7th October 2020

Source: www.litigationfutures.com

Eviction and contempt – Nearly Legal

Posted September 25th, 2020 in appeals, debts, landlord & tenant, news, rent, repossession, stay of proceedings, undertakings by sally

‘This is a somewhat unusual appeal in the context of possession proceedings, being an appeal against a 12 month committal of the tenant to prison on two counts of contempt of court.’

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Nearly Legal, 21st September 2020

Source: nearlylegal.co.uk

Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

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Hardwicke Chambers, 5th August 2020

Source: hardwicke.co.uk

“Stay” no more: the future for possession claims. Practice Direction 55C (and Christmas?) – Falcon Chambers

‘First it was CPR PD 51Z. Then CPR 55.29. Not to mention Arkin v Marshall [2020] EWCA Civ 620; Hackney LBC v Okoro [2020] EWCA Civ 681; TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2020] EWCA Civ 833. Has any other element of civil procedure law, not least one with a mere 5 month lifespan, ever received consideration no fewer than three times by the Court of Appeal? Such is the significance of the coronavirus-related general stay of possession claims.’

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Falcon Chambers, 20th July 2020

Source: www.falcon-chambers.com

Court of Appeal stands firm on stay of landlord possession claims – Wilberforce Chambers

‘The Court of Appeal has given important clarity and breathing space to commercial and residential tenants in its recent judgment in TFS Stores Ltd v BMG (Ashford) Ltd & Ors [2020] EWCA Civ 833 by confirming that all parts of proceedings involving a claim for possession brought by a landlord are automatically stayed.’

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Wilberforce Chambers, 23rd July 2020

Source: www.wilberforce.co.uk

Towards a New Normal? Possession Claims in the Brave New World – St Ives Chambers

Posted July 30th, 2020 in coronavirus, news, repossession, stay of proceedings by sally

‘The government has confirmed that the stay that has been in place on virtually all possession claims will not be the subject to a further extension.’

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St Ives Chambers, 20th July 2020

Source: www.stiveschambers.co.uk

The End is in Sight – but what then?- St Ives Chambers

‘The stay of possession proceedings (which started on 27 March 2020) comes to an end on 23 August 2020 and the courts and government have been working on plans how to resume possession cases after that date.’

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St Ives Chambers, 24th July 2020

Source: www.stiveschambers.co.uk

No wasted costs order after QC instructed on wrong issue – Litigation Futures

Posted July 28th, 2020 in appeals, news, stay of proceedings, time limits, VAT, wasted costs orders by sally

‘The First-tier Tribunal has refused to grant HM Revenue & Customs (HMRC) a wasted costs order despite its opponents instructing their QC on the wrong issue.’

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Litigation Futures, 23rd July 2020

Source: www.litigationfutures.com

Copyright – Performing Right Society Ltd v Qatar Airways Group QCS – NIPC Law

‘This was an application by the defendant airline to stay an action for copyright infringement on grounds of forum non conveniens and case management. The action has been brought by the Performing Right Society which alleges that the inflight entertainment systems of the defendant’s aircraft infringe the copyright laws of the countries in which those aircraft are present at any one time. The application came on before Mr Justice Birss on 18 June 2020. He handed down his judgment in Performing Right Society Ltd v Qatar Airways Group QCS [2020] EWHC 1872 on 17 July 2020.’

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NIPC Law, 20th July 2020

Source: nipclaw.blogspot.com

Covid-19 Update: CPR PD51Z Applies to Appeals – Becket Chambers

‘London Borough of Hackney v Okoro [2020] EWCA Civ 681

This case follows the Court of Appeal decision in Arkin v Marshall [2020] EWCA Civ 620 which was recently handed down on 11 May 2020.’

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Becket Chambers, 1st June 2020

Source: becket-chambers.co.uk

Can the Covid 19 stay of possession proceedings be lifted? – Arkin v Marshall [2020] EWCA Civ 620 – Park Square Barristers

Posted May 29th, 2020 in coronavirus, news, repossession, stay of proceedings by sally

‘The Court of Appeal have released the judgment in the case of Arkin v Marshall which raised the issue as to whether or not the Covid 19 stay could be lifted.’

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Park Square Barristers, 13th May 2020

Source: www.parksquarebarristers.co.uk

Vos: Covid-19 stay on possession cases includes appeals – Litigation Futures

Posted May 29th, 2020 in appeals, coronavirus, news, repossession, stay of proceedings by sally

‘The automatic stay on possession proceedings during the coronavirus crisis applies to appeals that were underway when the stay took effect, the Court of Appeal has ruled.’

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Litigation Futures, 28th May 2020

Source: www.litigationfutures.com

Not Arkin any more – Nearly Legal

‘This is the Court of Appeal judgment in the appellant’s challenge to the lawfulness, extent and effect of the stay of Part 55 possession proceedings until 25 June 2020 under Practice Direction 51Z.’

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Nearly Legal, 11th May 2020

Source: nearlylegal.co.uk

Court of Appeal rejects challenge to Covid-19 stay – Litigation Futures

‘The Court of Appeal has rejected a challenge to the emergency practice direction issued by the Master of the Rolls to stay all possession proceedings for three months in response to Covid-19.’

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Litigation Futures, 11th May 2020

Source: www.litigationfutures.com

Residential Possession Proceedings: Coronavirus Lockdown – 4-5 Gray’s Inn Square

‘Thus far, the two major steps taken in housing law to address the
current coronavirus (COVID-19) crisis are:
– CPR PD 51Z
– Coronavirus Act 2020 s.3 and Sch.29’

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4-5 Gray's Inn Square, 28th April 2020

Source: www.4-5.co.uk

“Almost as of course”? Injunctions restraining trespass, the stay on possession claims and the decision in University College London Hospitals NHS Foundation Trust v MB – Falcon Chambers

‘The current coronavirus crisis has paralysed possession proceedings, by means of the general stay imposed by paragraph 2 of the new practice direction PD51Z. The decision in University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which Chamberlain J granted an injunction requiring a hospital inpatient to vacate her ward, therefore sparked surprise and comment.’

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Falcon Chambers, 23rd April 2020

Source: www.falcon-chambers.com