In a significant legal setback for the mining giant, the High Court has refused BHP permission to appeal a landmark ruling that found it liable for a catastrophic dam disaster in Brazil.
Court Rejects Appeal Bid
On Monday 19 January 2026, Mrs Justice O’Farrell denied BHP's application for permission to appeal her own November ruling. The judge concluded the appeal had no real prospect of success and that there was no other compelling reason for it to be heard.
This decision stems from a group lawsuit launched in London by law firm Pogust Goodhead. The case represents over 700,000 people affected by the collapse of the Fundão dam in Brazil in 2015, an event considered one of the worst environmental disasters in the country's history.
A Long-Running Legal Battle
The complex case, noted as the largest ever handled by the High Court, has seen years of legal wrangling over jurisdiction. After the Court of Appeal and Supreme Court refused to hear it in 2022, the main liability trial proceeded last year.
In her 222-page judgment delivered in November 2025, Mrs Justice O’Farrell found BHP liable to the claimants on two separate grounds under Brazilian law. This ruling was a major victory for the claimants, prompting BHP's minerals Americas president, Brandon Craig, to immediately announce the company's intention to appeal.
What Happens Next?
Undeterred by the High Court's refusal, BHP has confirmed it will take its appeal directly to the Court of Appeal. The company has 28 days from Monday's decision to file its application and stated it will do so in the "coming weeks".
A BHP spokesperson reiterated the company's stance: "BHP will continue to robustly defend the remaining phases of this action in parallel." They also pointed out that approximately 240,000 claimants in the UK group action have signed releases and received compensation in Brazil, a factor they believe should halve the number of claimants in the English proceedings.
Jonathan Wheeler, a partner at Pogust Goodhead, welcomed the court's decision: "Today’s decision reinforces the strength and robustness of the High Court’s findings and brings hundreds of thousands of claimants a step closer to redress for the immense harm they have suffered."
This latest development occurs against a backdrop of financial challenges for the claimants' law firm. Pogust Goodhead recently published accounts showing a £95 million annual loss, which it acknowledges creates a "material uncertainty" for its future.
