Municipio de Mariana & Ors v BHP Group (UK) Ltd & Anor

Municipio de Mariana & Ors v BHP Group (UK) Ltd & Anor

The Court of Appeal refused permission to appeal on all substantive grounds. The trial judge's findings on strict and fault-based liability, limitation, and procedural regularity were rational, supported by evidence, and not plainly wrong. There was no failure to engage with BHP's case or serious procedural irregularity. The only ground proceeding is a discrete costs issue, for which expedition was granted.

Parties
Respondents/claimants: Município de Mariana and the Claimants identified in the Schedules to the Claim Forms; Applicants/defendants: BHP Group (UK) Ltd (formerly BHP Billiton PLC and thereafter BHP Group PLC); Applicants/defendants: BHP Group Limited
Jurisdiction
England and Wales
Judgment Date
06 May 2026
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Expedition
Outcome
Permission to appeal refused on all substantive grounds; permission granted only on a discrete costs issue; expedition ordered for the costs appeal.
Legal Topics
Strict Liability, Fault Based Liability, Limitation Periods, Procedural Irregularity, Appellate Review, Corporate Law, Damages, Jurisdiction
Environmental Law Tort Law Civil Procedure Foreign Law Strict Liability Fault Based Liability Limitation Periods Procedural Irregularity +4 more

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Parties

Município de Mariana and the Claimants identified in the Schedules to the Claim Forms

Respondents/claimants

BHP Group (UK) Ltd (formerly BHP Billiton PLC and thereafter BHP Group PLC)

Applicants/defendants

BHP Group Limited

Applicants/defendants

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Expedition

Legal Issues

  1. 1 Whether the trial judge erred in finding BHP strictly liable as polluters under Brazilian Environmental Law
  2. 2 Whether the trial judge erred in finding BHP liable under Article 186 of the Brazilian Civil Code (fault-based liability)
  3. 3 Whether the trial judge erred in findings on limitation under Brazilian law

Ratio Decidendi

The Court of Appeal refused permission to appeal on all substantive grounds. The trial judge's findings on strict and fault-based liability, limitation, and procedural regularity were rational, supported by evidence, and not plainly wrong. There was no failure to engage with BHP's case or serious procedural irregularity. The only ground proceeding is a discrete costs issue, for which expedition was granted.

Court Disposition

Permission to appeal refused on all substantive grounds; permission granted only on a discrete costs issue; expedition ordered for the costs appeal.

Orders

  • Permission to appeal refused on Grounds 1-5 (liability and limitation)
  • Permission to appeal granted on costs interest issue only