Pogust Goodhead triumphs as BHP found liable for Brazil dam disaster

Pogust Goodhead has won a major victory in the High Court after a judge ruled that Slaughters-advised BHP is liable for the 2015 Mariana dam collapse in Brazil, clearing the way for what is expected to become one of the largest damages assessments in UK legal history.

The claim involves more than 600,000 Brazilian claimants and centres on the collapse of the Fundão tailings dam, which killed 19 people and sent more than 40 million tonnes of toxic waste through communities in Minas Gerais, southeastern Brazil.

The trial on liability finished in March. After today's judgment, BHP said it will appeal the decision.

BHP on the hook

The judge found BHP liable under Brazilian environmental law and the Brazilian Civil Code, and rejected the company’s limitation arguments, confirming that English claims remain open until at least September 2029.

She held that BHP bore responsibility as an indirect polluter and said there was “overwhelming” evidence that the dam was unstable before the collapse. BHP, she found, knew of serious defects from at least August 2014 but failed to take adequate action.

The judge also concluded that BHP and Vale exercised strategic and operational control over Samarco, the joint venture behind the dam - contradicting BHP’s position.

The decision will be welcome news for Pogust Goodhead, which has faced significant internal upheaval since the summer following the departure of co-founder and former CEO Tom Goodhead and the intervention of its financial backer, US hedge fund Gramercy, which previously agreed the single largest litigation finance deal ever with the firm.

What’s next

The case now moves to the damages phase, where the court will assess losses suffered by the hundreds of thousands of claimants. A case management conference is set for December, with the hearing scheduled for October 2026.

For more background on the case, listen to our conversation with former CEO Tom Goodhead on The Non-Billable Podcast.