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Article

11 Jul 2022

Author:
Phoebe Weston, Guardian (UK)

UK: Court of Appeal rules lawsuit against BHP over collapse of Mariana dam in Brazil can be heard by English courts

"Victims of Brazil’s worst environmental disaster to get day in UK courts", 8 Jul 2022

More than 200,000 victims of Brazil’s worst environmental disaster will have their case heard in a UK court, making it the largest group claim in English legal history.

The lawsuit is against the Anglo-Australian mining company BHP – one of the biggest companies in the world – for their involvement in the collapse of the Mariana dam in 2015, which released toxic mining waste down 400 miles (640km) of waterways along the Doce River. Claimants are seeking at least £5bn ($6bn) in compensation.

The court of appeal released a 107-page judgment on Friday that BHP, which had its headquarters in England at the time of the dam’s collapse, would have to account for its role in the disaster. This follows an earlier ruling that said English courts would not hear the case.

The judgment said compensation being paid in Brazil did not seem adequate. It stated: “The vast majority of claimants who have recovered damages have only received very modest sums in respect of moral damages for interruption to their water supply … The claimants should be permitted now to proceed with the claims in the action.”...

Tom Goodhead, PGMBM’s global managing partner, said: “This is a huge step forward in not only securing justice for our clients but also sending a wider message to large multinational businesses that they cannot run major operations in countries around the world – and then hide behind their subsidiaries when things go wrong.”...

A BHP spokesperson said: “We will review the judgment and consider our next steps, which may include an application for permission to appeal to the supreme court. We will continue to defend the action, which we believe remains unnecessary as it duplicates matters already covered by the existing and ongoing work of the Renova Foundation under the supervision of the Brazilian courts and legal proceedings in Brazil.”