header-logo header-logo

19 February 2020
Issue: 7875 / Categories: Legal News
printer mail-detail

No liability for Tonkalili

A group of 142 claimants from Sierra Leone has lost its Court of Appeal case against a UK-based mining company for events the trial judge described as ‘violent chaos during the course of which many villagers were variously beaten, shot, gassed, robbed, sexually assaulted, squalidly incarcerated and, in one case, killed’

The claimants live in Tonkolili and the defendants were previously the owners and operators of a large iron ore mine in the district, Tonkolili Iron Ore (formerly a subsidiary of African Minerals). The violence occurred in 2010 and 2012 when the mining company took over a number of villages, and the villagers’ protests were met with excessive force by the Sierra Leone Police.

The claimants argued Tonkolili was liable for the actions of the police, which they denied. They had seven grounds of action, including: vicarious liability for torts committed both by company employees and police; accessory liability, given the company supplied the police with money, vehicles and accommodation during the 2012 incident; malicious prosecution; and breach of a non-delegable duty in respect of an extra hazardous activity carried out negligently.

During the High Court hearing in 2018, Mr Justice Turner and the legal teams for both sides travelled to Sierra Leone so the judge could take evidence from witnesses in person―the first time a High Court hearing has done so.

The mining company’s argument included that there is no liability in negligence for the criminal acts of third parties, and that in order to establish tortious liability for common design, something more was needed than the foreseeability that the police might over-react.

Ruling in Kalma v African Minerals [2020] EWCA Civ 144, the court dismissed the appeal on all grounds.

Martyn Day, senior partner, Leigh Day, representing the claimants, said his clients were disappointed and would be seeking leave to appeal.

Issue: 7875 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll