ENGLISH COURT SAYS MINING COMPANY NOT LIABLE FOR ACTS OF SIERRA LEONE POLICE

An article from Allen & Overy on 5th March concerned a High Court case involving African Minerals Ltd, which created the infrastructure to mine and transport iron ore in Sierra Leone, leading to significant local unrest.   The court held that the company was not liable to the claimant local residents for the acts of brutality towards them by the Sierra Leone police who were attempting to restore law and order.  It held that the defendant was not vicariously liable – with no relationship akin to employment, no accessory liability – with no common design, no duty of care in negligence for acts of third party.  The article concludes that this is an interesting case for companies, particularly in the extractive industry sector, concerned about their exposure to human-rights-related risk including in relation to the acts of security forces.  While, in this case, no vicarious liability or duty of care was established for the acts of third parties, the court’s approach was heavily fact-driven.

http://www.allenovery.com/publications/en-gb/Pages/Mining-company-not-liable-for-acts-of-police.aspx

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s