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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll