Neil Moody QC, Robert Cumming and Andrew Bershadski successful in leading business human rights case of African Minerals
Following a 6-week trial (2 weeks of which were heard in Sierra Leone), the High Court handed down judgment earlier today in the case of Kadie Kalma v African Minerals Limited  EWHC 3506 (QB): https://www.bailii.org/ew/cases/EWHC/QB/2018/3506.pdf
A 2TG counsel team (Neil Moody QC, Robert Cumming and Andrew Bershadski) successfully defended all the lead claims.
The case was brought by 142 residents of Sierra Leone who alleged that, following two protests against African Minerals (an iron-ore mining company) in 2010 and 2012, they suffered human rights abuses at the hands of the Sierra Leonean police. It was alleged that African Minerals was liable for the actions of the police on the basis of vicarious liability, common design, and in negligence.
In a 92-page judgment, Mr Justice Turner found that:
- The Defendant was not vicariously liable for actions of the police
- No duty of care was owed in negligence in relation to acts of the police
- There was no common design between the police and the Defendant
We are hosting a seminar / discussion with the Defendant counsel team at 6pm on Thursday 24th January 2019. The event will be held at 2 Temple Gardens, London. The wide-ranging judgment deals with key tortious principles in developing areas of the law (duty of care, vicarious liability, attribution, accessory liability, and liability for omissions) and is likely to be of interest to all those practising in these fields. It is also likely to be of value to those advising companies in the extractive industries on human-rights related risks.
Please RSVP to firstname.lastname@example.org if you would like to attend.