Quinn brings in London boss for Mariana litigation amid control battle

Quinn Emanuel has brought one of its most senior London litigators into the Mariana dam case as the firm continues to commit heavyweight resources to the litigation.

Richard East, founding and senior partner of Quinn's London office, has joined the team acting alongside Pogust Goodhead in the group action against BHP over the 2015 Fundão dam collapse in Brazil.

His arrival comes amid a fight over who will represent the more than 400,000 claimants. A client committee voted in August to transfer the litigation case from Pogust Goodhead to Bailey Glasser International, a move Pogust Goodhead is challenging.

BGI has since brought Tom Goodhead back into the litigation. The Pogust Goodhead co-founder, who launched the BHP claim in 2018, was ousted as chief executive of his firm last year.

Pogust Goodhead remains the solicitor on the record and has asked the High Court to rule on whether the committee has authority to change representation. The issue is due to be heard on 5 and 6 October.

Quinn’s take

Quinn is continuing to build out the team it assembled after striking a strategic partnership with Pogust Goodhead in June to help carry the proceedings through the damages phase.

East joins Quinn partner Justin Michaelson, who has been working on the claim since the partnership was announced.

“This is a claim of a scale and difficulty that few firms are equipped to see through to the end, and the claimants are entitled to representation that will not falter at the quantum stage,” East said.

“I am joining a team that is already deep in preparation, and my focus is on that preparation and nothing else.”

Preparing regardless

Michaelson said Quinn's preparations would continue regardless of the outcome of the October hearing.

“Our preparation continues to the existing timetable in the meantime, and it will continue whatever the court decides,” he said. “Richard’s expertise will help immensely and is a measure of the seriousness with which this firm treats that responsibility.”

The next stage of the litigation will determine causation, loss and damages, following the High Court's finding last November that BHP was liable for the disaster. Evidence is scheduled to begin in April 2027.

Quinn said the timetable remained unaffected by the representation dispute and said it would not comment further on the question of representation ahead of the hearing.