Overview
- Mrs Justice Finola O’Farrell ruled that continuing to raise the Fundão dam when it was unsafe was the direct and immediate cause of the collapse, establishing BHP’s liability under Brazilian law.
- The decision stems from a UK group action brought on behalf of more than 600,000 Brazilians, including individuals, businesses, municipal authorities, indigenous groups and faith organizations.
- The court found BHP strictly liable as a polluter under environmental law and liable on fault under the civil code, rejected corporate law liability, and held that the claims are not time‑barred and that the claimants have standing.
- BHP said it will appeal and argued that many claimants have already received compensation in Brazil, pointing to overlaps with a 132 billion reais remediation agreement reached in 2024.
- Claimants’ lawyers have previously valued the action at up to £36 billion, with the disaster having killed 19 people and sent more than 40 million cubic metres of mine waste down the Doce River.