Municipio de Mariana & ors v BHP Plc & BHP Ltd

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.

Shaheed Fatima KC, Victoria Windle KC, David Lowe and Daniel Burgess acted as part of the counsel team for the Defendants.

Antonia Eklund acted as part of the counsel team for the Claimants.

The judgment may be found here.