UK: High Court Rejects $6.6 Billion Group Claim Against BHP Over ...

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11 Nov 2020

Author:Kirstin Ridley, Reuters BHP Vale Samarco Mineraçao S.A. (Joint venture between Vale S.A. (50%) and BHP (50%)) Mining Brazil United Kingdom Deaths Ownership of Property & Possessions Displacement Clean, Healthy & Sustainable Environment Lawsuits & regulatory action ... See all tags BHP Vale Samarco Mineraçao S.A. (Joint venture between Vale S.A. (50%) and BHP (50%)) Mining Brazil United Kingdom Deaths Ownership of Property & Possessions Displacement Clean, Healthy & Sustainable Environment Lawsuits & regulatory action Corporate Legal Accountability See all tags BHP Vale Samarco Mineraçao S.A. (Joint venture between Vale S.A. (50%) and BHP (50%)) Mining Brazil United Kingdom Deaths Ownership of Property & Possessions Displacement Clean, Healthy & Sustainable Environment Lawsuits & regulatory action Corporate Legal Accountability

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11 Nov 2020 Author:Kirstin Ridley, Reuters

UK: High Court rejects $6.6 billion group claim against BHP over Fundão dam collapse

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"English judge blocks $6.6 billion Brazil lawsuit against BHP over burst dam", 9 November 2020.

LONDON (Reuters) - A 5.0 billion pound ($6.6 billion) English lawsuit against Anglo-Australian mining giant has been struck out, in a blow to a 200,000-strong Brazilian claimant group seeking damages after a devastating dam failure in 2015.

A High Court judge in Manchester ruled that managing the largest group claim in English legal history would be like “trying to build a house of cards in a wind tunnel” and the case was an “abuse of the process of the court”.

BHP welcomed the decision, which it said reinforced its view that victims should pursue claims in Brazil and that the case duplicated ongoing work and legal proceedings there.

Tom Goodhead, a lawyer at PGMBM representing the claimants, called the judgment “fundamentally flawed” and vowed to appeal.

“We will continue to fight ceaselessly, for however long it takes, in any court in the world, to ensure that BHP are held accountable for their actions,” he said.

The collapse of the Fundao dam, which is owned by the Samarco joint venture between BHP and Brazilian iron ore mining giant Vale VALE3.SA, killed 19 and sent a torrent of mining waste into communities, the Doce river, and the Atlantic Ocean, 650 kilometres (400 miles) away. It was Brazil's worst environmental disaster...

High Court Judgment

Timeline

• UK: BHP denied permission to appeal judgment finding it liable for the Mariana dam collapse in Brazil

  Date: 19 Jan 2026 Content Type: Article

  London’s High Court has refused BHP’s application for permission to appeal the November 2025 judgment that found the company liable under Brazilian law for the collapse of the Fundão tailings dam in Mariana, Brazil. BHP intends to apply directly to the Court of Appeal.

• Legal commentary: High Court in London finds BHP strictly liable over Brazil’s Mariana dam disaster; analysis of cross-border implications

  Date: 19 Nov 2025 Content Type: Article

  Hausfeld’s blog analyses a London High Court ruling that BHP is strictly liable for the 2015 Fundão (Mariana) dam collapse, and explains jurisdictional routes, treatment of Brazilian settlements, and next steps. It notes a quantum phase listed for October 2026 and that BHP intends to seek permission to appeal.

• UK: BHP found liable in Brazil dam collapse disaster

  Date: 14 Nov 2025 Content Type: Article

• UK: BHP and Vale propose $1.4 Billion settlement in class action over Fundão dam collapse in Brazil

  Date: 7 Aug 2025 Content Type: Article

• BHP and Vale are facing a lawsuit from the law firm representing the victims of the Fundão dam collapse which alleges the companies sought to cheat by procuring settlements

  Date: 31 Jul 2025 Content Type: Article

• Brasil: Movimento dos Atingidos por Barragens aponta avanços no novo acordo da tragédia de Mariana, mas indenizações individuais estão aquém do necessário

  Date: 25 Oct 2024 Content Type: Article Available languages: Português

• UK: BHP trying to avoid responsibility in lawsuit over Mariana dam collapse in Brazil, plaintiffs’ lawyers tell court

  Date: 21 Oct 2024 Content Type: Article

  BHP faces a £36 billion lawsuit in the UK over the 2015 Mariana dam collapse in Brazil, which killed 19 people and caused widespread damage. Lawyers claim BHP is trying to evade responsibility, while the company disputes liability and maintains its actions were compliant with Brazilian law.

• Vale & BHP close to reaching multibillion-dollar compensation deal with Brazil over deadly 2015 dam collapse

  Date: 19 Oct 2024 Content Type: Article

• UK: Hearing in lawsuit by 620,000 individuals against BHP over 2015 Mariana dam collapse in Brazil to start on 21 Oct

  Date: 13 Oct 2024 Content Type: Article

  BHP will face 620,000 claimants in a high-profile trial starting this month in London over the 2015 Mariana dam collapse in Brazil. Claimants seek damages for loss of life, and environmental destruction.

• Brazil: BHP and Vale reach agreement on 2015 dam collapse lawsuits and will share costs of Samarco cases in UK and Netherlands

  Date: 12 Jul 2024 Content Type: Article

• Brazil: BHP's request to delay until 2025 a potential 36 billion pound lawsuit over the collapse of the Fundao dam is rejected by London court

  Date: 16 May 2023 Content Type: Article

• Brazil: BHP trial for the Mariana dam collapse set for April 2024

  Date: 16 Jan 2023 Content Type: Article

• Brazil: Mariana dam victims given the right to sue BHP for compensation in UK courts; incl. company comments

  Date: 8 Jul 2022 Content Type: Article

• UK: Court of Appeal to hear £5 billion lawsuit by 200 000 Brazilians over Fundão dam collapse

  Date: 1 Apr 2022 Content Type: Article

  "Anglo-Australian mining giant BHP is preparing to battle a resurrected 5 billion pound ($6.6 billion) lawsuit in London's Court of Appeal next week, launched by around 200,000 Brazilians over a devastating dam failure in 2015."

• London Court of appeal agrees to reopen lawsuit against BHP over collapse of Fundao dam in Brazil

  Date: 30 Jul 2021 Content Type: Article

  The 2015 collapse of the Fundao dam, owned by the Samarco venture between BHP and Brazilian iron ore mining giant Vale, killed 19 and destroyed entire villages

• Brazil: Victory as Mariana Dam Victims’ £5bn Case is Reopened in Landmark English Court Ruling

  Date: 27 Jul 2021 Content Type: Article

• UK Court to reconsider £5 billion lawsuit against BHP over Fundao dam collapse

  Date: 11 May 2021 Content Type: Article

• UK Court of Appeal denies revival of Brazilians' lawsuit against BHP over 2015 dam collapse

  Date: 25 Mar 2021 Content Type: Article

  "The Court of Appeal agreed with a lower court that the vast group action was an abuse of process, that claimants were already able to seek redress in Brazil and that the case would be “irredeemably unmanageable” if allowed to proceed."

• UK: High Court rejects $6.6 billion group claim against BHP over Fundão dam collapse

  Date: 11 Nov 2020 Content Type: Article

  A 5.0 billion pound ($6.6 billion) English lawsuit against Anglo-Australian mining giant BHP has been struck out, in a blow to a 200,000-strong Brazilian claimant group seeking damages after a devastating dam failure in 2015.

• BHP asks UK court to dismiss class-action lawsuit over the 2015 Samarco dam failure, citing existing Brazilian compensation scheme

  Date: 24 Jul 2020 Content Type: Article

• Reino Unido: Tribunal julgará processo contra a mineradora BHP por colapso de barragem em Mariana

  Date: 16 Jul 2020 Content Type: Article Available languages: Português

• UK: Court to hear jurisdictional issue in case against BHP over Brazilian dam collapse

  Date: 16 Jul 2020 Content Type: Article

• UK: Court to decide if Samarco can be sued for $5 billion in England for dam's collapse in Brazil

  Date: 25 Apr 2020 Content Type: Article

• BHP Billiton sued in UK for alleged negligence over Samarco dam collapse in Brazil

  Date: 9 May 2019 Content Type: Article

• Vale response

  Date: 14 Dec 2018 Content Type: Company Response

• BHP prepares for UK legal battle over 2015 Brazil dam failure

  Date: 22 Nov 2018 Content Type: Article

• BHP Billiton facing £5BN lawsuit from Brazilian victims of dam disaster

  Date: 18 Nov 2018 Content Type: Article

• BHP Billiton facing £5bn lawsuit from Brazilian victims of dam disaster

  Date: 6 Nov 2018 Content Type: Article
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Timeline activity

• UK: BHP denied permission to appeal judgment finding it liable for the Mariana dam collapse in Brazil Content type: Article Date: 19 Jan 2026
• Legal commentary: High Court in London finds BHP strictly liable over Brazil’s Mariana dam disaster; analysis of cross-border implications Content type: Article Date: 19 Nov 2025
• UK: BHP found liable in Brazil dam collapse disaster Content type: Article Date: 14 Nov 2025
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