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The collapse of the Fundão Dam in November 2015 has been described as the worst environmental disaster in Brazil’s history. The claimants seek to establish BHP’s liability for the collapse.
In 2019 BHP applied for the claims to be struck out as an abuse of process or, alternatively, to be stayed on jurisdictional grounds. BHP succeeded in striking out the claims in the High Court. However, this decision was unanimously overturned by the Court of Appeal following a five day hearing in April 2022.
BHP sought permission to appeal to the Supreme Court. This was refused on 1 June 2023 on the basis that the application did not raise an arguable point of law. There is now no further avenue through which BHP can appeal this decision.
Proceedings have been progressing before the High Court in any event without prejudice to BHP’s application to the Supreme Court. These proceedings will now continue. A trial of preliminary issues has been listed for October 2024.
Various members of Temple Garden Chambers are instructed by the claimants in these proceedings: Russell Hopkins, Helen Nugent, Juliet Wells, Paul Erdunast, Harry Peto, Nicholas Dobbs and Anisa Kassamali.Download File