The Lawyer top 20 cases of 2015
Kesabo & Orsëvë African Barrick Gold plc and North Mara Gold Mine Ltd
“The year’s top cases are rounded off by another dispute involving Africa. This three-month trial is a class action case, brought by illegal prospectors to the site of a gold mine in Tanzania who were injured or killed by Tanzanian police and private security guards.
The claims involve issues as to the extent to which private entities can be liable for the acts of law enforcement agencies, and the application of the Act of State doctrine in that context, as well as the potential liability of an English parent company for such acts in Tanzania. It also involves disputes on the facts, regarding whether the circumstances relate to a mass violation of human rights or the lawful response to an armed invasion.
The events have been the subject of questions in Parliament, and the outcome is expected to have implications for English companies particularly in the mining, energy and natural resource sectors operating in areas of conflict throughout the world.
For the defendants, African Barrick Gold plc and North Mara Gold Mine Ltd.
Fountain Court Chambers’ Bankim Thanki QC and Simon Atrill and Henderson Chambers’ Andrew Kinnier, instructed by Quinn Emanuel partner Richard East.”