Hundreds of thousands of Brazilians are awaiting a landmark judgment from the High Court in London concerning their multi-billion-pound legal action against mining behemoth BHP Group.
The Deadly Collapse and its Aftermath
The case stems from the catastrophic failure of the Fundão dam in November 2015. The dam, which held mining waste from an iron ore operation in Minas Gerais, Brazil, collapsed with devastating consequences. The disaster killed 19 people and unleashed a torrent of more than 40 million cubic metres of toxic waste into the Doce River. This event is widely considered the worst environmental disaster in Brazil's history.
Legal proceedings were initiated on behalf of a vast group of claimants, making this one of the largest cases in English legal history. The claimants include more than 600,000 individuals, alongside businesses, municipal governments, indigenous groups, and faith-based organisations.
The Legal Battle in London
The trial for this monumental group litigation began in October 2024. The claimants, represented by law firm PGMBM (Pogust Goodhead), argue that BHP is legally responsible and should pay compensation for the immense losses suffered. The total value of the claims is estimated to be a staggering £36 billion.
BHP mounted a robust defence against the allegations. The mining giant contended that the lawsuit wrongly conflates the identities of BHP Group, its Brazilian subsidiary, and Samarco—the joint venture that owned and operated the dam. BHP also argued that the legal action in the UK duplicates separate remediation and compensation efforts already underway in Brazil.
A Parallel Settlement and the Impending Ruling
In a related development, October 2024 also saw the Brazilian federal government reach a separate agreement with Samarco. The joint venture, which is between Vale and BHP's Brazilian subsidiary, agreed to pay 132 billion reais (£17.7 billion) over a 20-year period.
All eyes are now on Mrs Justice O'Farrell at the Royal Courts of Justice. Her written judgment, which will determine the future of this historic case, is scheduled to be handed down at 9.30am.
