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The Court of Appeal has refused Vale’s application for permission to appeal in the ongoing Mariana v BHP litigation, the largest opt-in group action filed in the English courts.

After BHP brought a Part 20 Claim against Vale: Vale challenged the jurisdiction of the English Court on the basis that there was no serious issue to be tried, and that the English Court was not the appropriate forum for the Part 20 claim.

Those arguments were rejected at first instance by Mrs Justice O’Farrell (the relevant judgments are here and here).

The Court of Appeal’s judgment is here.

Shaheed Fatima K.C. acted for the defendants, BHP, instructed by Slaughter and May.

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