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10 Aug 2016

Herbert Smith Freehills – Litigation notes (UK)

Judgment handed down in long-running class action regarding the Ocensa pipeline in Colombia

[T]he High Court has rejected claims by a group of Colombian Farmers in relation to the construction of the Ocensa pipeline in Colombia during the mid-1990s...Broadly, the claims were that the damage had been caused to the claimants' properties from the Ocensa pipelines' construction...The claims...focussed on the reduction in the economic capacity of the farms...and specific losses, such as loss of cattle...The claims were found to have largely failed on the facts...[T]here was insufficient factual evidence to demonstrate that any harm had occurred by reason of the Ocensa pipeline...[T]he claimants had not applied for permission to appeal...[T]he judge found that in many cases the damages claimed bore a limited relationship with the evidence itself...Further issues existed in relation to expert evidence...