header-logo header-logo

BHP held liable for Fundão dam disaster

Australia-headquartered mining giant BHP has been held strictly liable as ‘polluters’ for the Fundão dam disaster in Brazil, in one of the largest group actions ever brought in the English courts

More than 600,000 claimants brought the case, Município de Mariana v BHP Group [2025] EWHC 3001 (TCC), handed down last week. The 2015 dam collapse and flow of liquified iron ore tailings killed 19 people and caused widespread devastation.

Ben Wolfe, partner at Grosvenor Law, said the decision was ‘a stark reminder that parent companies and investors can be found liable in England for events and environmental failures that occur on overseas projects—even where assets are operated through joint ventures and local subsidiaries.

‘The court’s findings on foreseeability and duties of oversight significantly expand the potential exposure of large multinational groups.’

Lucy Blake, partner at Jenner & Block, said: ‘Companies are increasingly under pressure to take responsibility, not just for their own operations but also for third parties in respect of human rights and environmental harms.’

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll