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UK High Court Finds BHP Liable for 2015 Brazil Dam Collapse

Damages will be determined in a later phase, with BHP preparing an appeal.

Overview

  • The court found BHP strictly liable as a polluter and at fault under Brazilian law, ruling that unsafe height increases at the Fundão tailings dam directly caused the 2015 collapse that killed 19 people.
  • The London group action, enabled by BHP’s UK presence, spans roughly 600,000–620,000 people, dozens of municipalities and thousands of businesses seeking up to £36 billion.
  • Prior Brazilian compensation does not automatically bar UK claims, though waivers and payments may limit recovery, with BHP saying about 240,000 UK claimants have already been paid in Brazil.
  • A separate damages phase is being prepared, with a trial listed for 2026 to quantify compensation alongside Brazil’s 132 billion reais settlement framework.
  • BHP says it will appeal the ruling and noted a share-price drop of more than 2% in London, while Vale remains liable for half of any eventual award tied to Samarco.