Lungowe v Vedanta – a boost for claims against multi-nationals

The opportunity for claimants from developing countries to bring claims in England and Wales against multi-national corporate groups that have caused loss in their home country has been given a significant boost by Coulson J’s recent decision in Lungowe v Vedanta Resources Plc [2016] EWHC 975 (TCC).

1,826 Zambian claimants commenced proceedings in the TCC alleging that Konkola Copper Mines (“KCM”) and its parent company Vedanta Resources PLC (“Vedanta”) were liable for personal injury, damage to property, loss of income, and loss of amenity and enjoyment of land due to pollution/environmental damage caused by the Nchanga copper mine which KCM operated. The Defendants, as invariably happens in claims of this sort, denied that the English Court had or should exercise jurisdiction, arguing the natural forum for the dispute was clearly Zambia.

Coulson J rejected both Vendata’s and KCM’s challenges to the jurisdiction. Continue reading