14/11/2025

High Court rules in favour of 620,000 claimants in mammoth Mariana Dam collapse case

In a landmark judgment handed down this morning in the UK’s largest ever environmental litigation, Mrs Justice O’Farrell has found the Australian mining company BHP liable for the 2015 collapse of the Fundão Dam in southeast Brazil: Municipio de Mariana v BHP Group [2025] EWHC 3001 (TCC).

Following a stage 1 trial lasting more than five months, the High Court upheld both the strict liability and the fault-based limbs of the claimants’ claim, whilst also dismissing BHP’s limitation defences and affirming the constitutional capacity of the municipality claimants to pursue their damages claims in England.

The case will now progress to stage 2, to deal with questions of causation and quantum. BHP has declared its intention to appeal the stage 1 rulings.

Andrew Fulton KC was one of the two silks at trial, representing more than 620,000 claimants. Andrew handled all of the geotechnical, limitation, waiver and constitutional capacity issues.

Oliver Caplin KC and Alicia Lawson are instructed in relation to other aspects, including an upcoming appeal to the Court of Appeal in relation to allegations of criminal contempt against BHP.

Andrew Fulton KC, Oliver Caplin KC and Alicia Lawson were instructed by Pogust Goodhead.