Município de Mariana & Ors v BHP Group (UK) Ltd & Anor (Ruling on disclosure)
[2024] EWHC 952 (TCC)
Município de Mariana & Ors v BHP Group (UK) Ltd & Anor (Ruling on Model C disclosure)
18 April 2024
[2024] EWHC 954 (TCC)
High Court
Two companies, Vale and BHP, are fighting in court. Vale wants to see BHP's documents to prove BHP was involved in a previous agreement that could affect the case. The judge said Vale's request for those documents was fair and reasonable, so BHP has to give them up.
Key Facts
- •Vale applied for Model C disclosure against BHP regarding BHP's participation in the negotiation and performance of the TTAC (Transaction and Termination Agreement).
- •Issue 14 in the agreed DRD (Disclosure Review Document) concerns the extent of BHP's participation in the TTAC.
- •Vale argues that if BHP participated in the TTAC, it would be fatal to BHP's Part 20 claims, as liability between Vale and BHP may have been compromised.
- •The disclosure request covers organizational charts, employment agreements, instructions/recommendations to relevant individuals, and records of meetings not attended by Vale.
Legal Principles
Model C disclosure requests must be capable of precise description to allow the disclosing party to understand what must be disclosed.
The inherent requirements of Model C disclosure
The proportionality and reasonableness of a disclosure request are key considerations.
Implicit in the court's assessment of the request
Outcomes
Vale's request for Model C disclosure, relating to items (c) and (d), was granted.
The court found the request to be reasonable and proportionate, sufficiently precise, and narrowly tailored, considering Vale's argument that it could be a dispositive point in the case.
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