On 14 November 2025, the High Court handed down judgment on the “Stage 1” trial in Municipio de Mariana & ors v BHP Plc & BHP Ltd, finding in favour of the Claimants.
The case concerns claims for compensation brought by over 600,000 Claimants in respect of losses alleged to have been caused by the collapse of the Fundão dam (the “Dam”) in Brazil in November 2015. The Dam was owned and operated by Samarco Mineração SA (“Samarco”). The Defendants are the ultimate parent companies of BHP Brasil Ltd which was a 50% shareholder in Samarco.
The Stage 1 trial was held over 5 months and addressed threshold issues of liability, including in particular whether the Defendants are strictly liable under Brazilian Environmental Law, and/or liable based on fault under the Brazilian Civil Code, for damage caused by the collapse of the Dam.
A Stage 2 trial to determine issues of causation and quantum is currently listed for 2026.
Alain Choo Choy KC (along with Andrew Fulton KC, Nicholas Harrison, Jonathan McDonagh, Russell Hopkins, Ibar McCarthy, Grace Ferrier, Antonia Eklund, Anisa Kassamali and Hannah Taylor) acted for the Claimants, instructed by Pogust Goodhead.
Daniel Toledano KC, Nicholas Sloboda KC, Oliver Butler, Tamara Kagan, Maximilian Schlote, Stephanie Wood, Veena Srirangam, Jade Fowler, Michael Kotrly and Joe Johnson (along with Shaheed Fatima KC, Victoria Windle KC, David Lowe and Daniel Burgess) acted for the Defendants, instructed by Slaughter and May.
View Judgment