Russell is instructed in pioneering business and human rights litigation. He publishes and speaks regularly in his specialist area.
Featured Business & Human Rights cases
Munícipio de Mariana and oths v BHP [2025] EWHC 3001 (TCC)
Acting on behalf of hundreds of thousands of Brazilian claimants for 7 years, Russell Hopkins has been a key member of the core counsel team in this landmark litigation against BHP arising from the collapse of the Fundão Dam in Mariana, Brazil, on 5 November 2015 – the worst environmental disaster in the country’s history.
The proceedings, brought in England and Wales, were subject to a jurisdiction challenge by BHP which initially succeeded in 2020 ([2020] EWHC 2930 (TCC)). Permission to appeal was subsequently granted on 15 grounds following a rare challenge under CPR 52.30 [2021] EWCA Civ 1156 , and in July 2022 the Court of Appeal allowed the claimants’ appeal ([2022] EWCA Civ 951), allowing the way for the substantive case to proceed to trial.
What followed was one of the largest group actions ever brought in this jurisdiction, representing more than 600,000 claimants – including individuals, municipalities, businesses, utility companies, churches, and indigenous communities – seeking redress for the catastrophic environmental, socio-economic, and human consequences of the dam’s collapse.
The trial of liability was heard between October 2024 and March 2025. In a landmark judgment, Mrs Justice O’Farrell DBE found BHP liable both as “polluters” under Brazilian Environmental Law, which imposes strict liability, and by reason of their own negligence and imprudence under Article 186 of the Brazilian Civil Code. The judgment also addressed key issues of standing, limitation, and the effect of sample waiver agreements entered into by certain claimants.
This decision, which is subject to an application for permission to appeal by BHP, carries profound implications not only for the victims of the Fundão Dam disaster but also for the future of mass group litigation in England and Wales, setting important precedents on liability, jurisdiction, and the management of complex transnational claims. Russell Hopkins is instructed alongside Alain Choo-Choy KC (One Essex Court), Andrew Fulton KC (Twenty Essex), Nicholas Harrison and Jon McDonagh (Serle Court), Ibar McCarthy (Normanton Chambers), Grace Ferrier (Essex Court), Antonia Eklund (Blackstone Chambers), Anisa Kassamali (Temple Garden Chambers), and Hannah Taylor (Cornerstone Barristers), among others.
Viegas, Sanches and others v Cutrale and others [2021] EWHC 2956 (Comm); [2023] EWHC 1896 (Comm)
Acting for some 1,500 Brazilian orange farmers in a high-value damages claim against alleged cartelists (individuals and a corporate defendant) involved in the international orange juice export market. The defendants’ jurisdiction challenge raised issues of domicile, service and/or whether the English claim should be stayed in favour of Brazil. The claimants successfully resisted the jurisdiction challenge by two of the three defendants. Subsequent applications addressed matters such as the addition of parties, administration of estates, pleading amendments and relief from sanctions.
R (on the application of World Uyghur Congress) v National Crime Agency [2023] EWHC 88 (Admin)
Engaged from the outset of landmark proceedings which established the application of proceeds of crime legislation to allegations of forced labour in supply chains. The Court of Appeal held that the NCA’s decision not to open a money laundering investigation was based on errors of law.
AAA v The London Bullion Market Association Limited
Acting for claimants alleging wrongful certification of gold from a mine in Tanzania as free from serious human rights abuses. The families of two men alleged to have been killed by security forces linked to the mine allege that such wrongful certification contributed to the deaths. The case is listed for trial in 2026. (With Dominic Grieve KC and Professor Andrew Higgins.)
Re a hydroelectric power project in Central America
Acted for indigenous communities alleged to be harmed by a project which forced their displacement and changed their way of life.
Re a journalist
Acting for the parents of a journalist who was killed while on assignment in a war zone. The claim alleges wrongdoing on the part of a news organisation. (With Phillippa Kaufmann KC and Kate Boakes.)
Re a garment factory in Thailand
Acting for migrant factory workers and a child who allege abuses at a garment factory and associated accommodation. The Defendants have challenged the jurisdiction of the English courts.
Re a mine in Africa
Acting for thousands of claimants who allege that a mine has contaminated waterways and damaged their way of life.
Re a mine in Central America
Acted for indigenous communities alleged to be harmed by pollution from a coal mine that neighbours a protected reservation. (With Richard Hermer KC.)
Re an oil field in central Africa
Advised on proceedings (jurisdiction, liability, causation and damage) and procedural issues following a spill in central Africa.
Re a factory in England
Acting for dozens of residents in a claim for private nuisance alleged to be caused by noise and odour emissions from a local factory.
Re a factory in England
Acting for residents in a claim for private nuisance alleged to be caused by odour emissions from a waste facility.
Re a factory in England
Acted for residents in a claim for private nuisance alleged to be caused from odour emissions from a food production factory.