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The Court of Appeal refused BHP permission to appeal on liability and limitation issues arising from the FundĂŁo dam collapse litigation, but granted expedition for a costs appeal.
Municipio de Mariana & Ors v BHP Group (UK) Ltd & Anor [2026] EWCA Civ 502 (06 May 2026)
The Court of Appeal refused BHP permission to appeal on liability issues arising from the FundĂŁo Dam collapse, finding no arguable procedural irregularity or error.
MunicĂpio De Mariana v BHP Group (UK) Ltd & Anor [2026] EWHC 73 (TCC) (19 January 2026)
The court ordered the defendants to pay 90% of Stage 1 trial costs, set a ÂŁ43 million payment on account, awarded interest on costs, and refused permission to appeal.
After the Stage 1 Trial, the court ordered BHP to pay 90% of the claimants’ costs, awarded £43 million on account, granted pre-judgment interest, and refused permission to appeal.
BHP are strictly liable as polluters under Brazilian Environmental Law for the Fundão Dam collapse due to their direct and indirect responsibility for Samarco's mining and tailings activities, including control, participation, risk management, and financial benefit; the collapse was foreseeable and preventable. Alternatively, BHP are liable in fault for negligent acts and omissions in risk assessment, dam design, monitoring, and continued raising of the dam despite clear instability. BHP are not liable as controlling shareholders under Corporate Law to third parties. Claims are not time-barre…
Source excerpt
Municipio De Mariana v BHP Group (UK) Ltd & Anor [2025] EWHC 3001 (TCC) (14 November 2025)
The High Court considered liability issues arising from the FundĂŁo Dam collapse in Brazil, including foreseeability, strict liability, fault, corporate control, prescription, waivers, and standing.
Municipio De Mariana v BHP Group (UK) Ltd & Anor [2023] EWHC 1134 (TCC) (12 May 2023)
First CMC in large Brazilian dam-collapse group litigation. The court kept causation in scope, included additional limitation and settlement issues, and moved the first stage trial to October 2024.
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