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Russell Hopkins acted for more than 200,000 Brazilian claimants (including individuals, municipalities, businesses, utility companies, churches, and indigenous communities) in proceedings brought against BHP Group following the worst environmental disaster in Brazil’s history, the collapse of the Fundão Dam in November 2015. The defendants are two companies at the head of the corporate structure which owned and operated the dam. The defendants’ jurisdiction challenge was heard in July 2020 and succeeded:  EWHC 2930 (TCC). Permission to appeal was been granted on 15 grounds of appeal following a rare challenge to the refusal of permission to appeal pursuant to CPR 52.30. The Court of Appeal allowed the claimants’ appeal in July 2022.
The Court of Appeal Judgment is here.
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