The case of Município de Mariana & others v BHP Group (UK) Ltd & another has been closely watched. It is one of the largest ever mass tort claims before the English courts and concerns the collapse of the Fundão dam in Brazil. The case was initially struck out on, amongst others, abuse of process grounds, but the Court of Appeal has now disagreed, opening the way for the case to be heard on its merits. In taking a more forensic approach than the judge, particularly in situations involving concurrent local redress, it paves the way for similar claims before the English courts.
We take a closer look at the Court of Appeal’s judgment and its implications in a briefing note which you can access via this link.
For further information, please contact:
Stephen Lacey, Linklaters