header-logo header-logo

No liability for Tonkalili

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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll