BHP liable for the collapse of the Fundão Dam in Mariana, Brazil

14/11/2025

Russell Hopkins and Anisa Kassamali acted for the successful Claimants in Municipio de Mariana and others v BHP.  

The BHP parent companies, BHP Group (UK) Limited and BHP Group Limited have been found liable for the collapse of the Fundão Dam in Mariana, Brazil, on 5 November 2015.

The collapse gave rise to significant environmental, socio-economic and other damage. There has been litigation in various jurisdictions arising out of the collapse. These proceedings in England and Wales are believed to have constituted the largest class action to date in this jurisdiction. Proceedings were brought on behalf of more than 620,000 Claimants, comprised of Brazilian individuals, businesses, municipalities and other private entities. The trial of liability was heard between October 2024 and March 2025.

Mrs Justice O’Farrell DBE found BHP liable on the following bases:

• BHP is “polluters” under the Brazilian Environmental Law, which imposes strict liability.
• BHP is liable by reason of its own fault i.e. negligence, under Article 186 of the Brazilian Civil Code.

Mrs Justice O’Farrell DBE also handed down judgment on other issues, including issues of standing of the municipalities, limitation, and sample waiver agreements that certain Claimants had entered into.

The decision has significant implications for future litigation on a range of issues, as well as the conduct of mass group litigation in this jurisdiction. 

Russell Hopkins and Anisa Kassamali were instructed by Pogust Goodhead, together with Alain Choo-Choy KC (One Essex Court), Andrew Fulton KC (Twenty Essex), Nicholas Harrison (Serle Court), Jon McDonagh (Serle Court), Ibar McCarthy (Normanton Chambers), Grace Ferrier (Essex Court), Antonia Eklund (Blackstone Chambers) and Hannah Taylor (Cornerstone Barristers).